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Welcome
to the nextSource website (the “Website”). nextSource Inc. (“nextSource,
“we” or “us”) maintains this Website, including all information, documents,
communications, files, text, graphics, software available through the
Website (collectively, the “Materials”) and all services operated by nextSource
through the Site (collectively, the "Services") as a service to our customers
and to provide information regarding nextSource offerings. By using or
accessing our Website, you are agreeing to comply with and be bound by
the following Terms of Use. Please review the following
terms carefully. If you do not agree to these Terms of Use, you are not
authorized to use this Website in any manner or form.
1.Acceptance
of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to you use of the Website. This Agreement constitutes
the entire and only agreement between you and nextSource, and supersedes
all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Website, the Materials, the Services
and the subject matter of this Agreement. This Agreement may be amended
from time to time by us, in our sole discretion, without specific notice
to you. The latest Agreement will be posted on the Website, and you should
review this Agreement prior to using the Website. By your continued use
of the Website, you hereby agree to all the terms and conditions contained
within the Agreement effective at that time. Therefore, you should regularly
check this page for updates and changes.
2.
License Grant.
As a user of this Website, you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use the Website and content in
accordance with this Agreement. nextSource may terminate this license
at any time for any reason.
3.
Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the
Website are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution or publication by you of any such matters
or any part of the Website, except as allowed by Section 5, is strictly
prohibited. You do not acquire ownership rights to any content, document,
software, services or other materials viewed through the Website. The
posting of information or materials on the Website does not constitute
a waiver of any right in such information and materials.
4.
Trademarks.
nextSource, The People Blue Book, The People Ticker, Reinventing Work
Services, Multiple Listing Staffing Association, TAMS and others are either
trademarks or registered trademarks, servicemarks or collective marks
of nextSource Inc. Other product and company names mentioned on the Website
may be trademarks of their respective owners.
5.
Limited Right to Use.
The viewing, printing, downloading or use of any Materials from the Website
grants you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part
of any Materials may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
permitted use within the nextSource system. You may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse
engineer, or transfer the Materials, or any subset of the Materials, except
as provided for in this agreement. nextSource reserves any rights not
explicitly granted in this Agreement.
6.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Website.
7.
Membership.
Most areas of the Website can be accessed in order to observe the
basic function of the Website. However, access to certain Services, such
as the nextSource System or the MLSA, contained on the Website require
membership to the particular Service. If membership is required you will
be asked to complete a membership application, and you agree to provide
us with accurate, complete application information. The submittal of a
membership application does not guarantee acceptance into the Service,
but is the initial step in obtaining membership. It is the sole discretion
of nextSource, within legal bounds, to determine the guidelines and qualifications
of the particular Services’ members.
8.
Use of Services.
When using the Services offered on the Website, you will be subject to
any additional guidelines, terms and conditions applicable to such Service
users.
9.
License of your content to nextSource.
By uploading content to, submitting any materials for use on the
Website, you grant (or warrant that the owner of such rights has expressly
granted) nextSource a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later
developed throughout the universe.
10.
Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorneys'
fees, related to your violation of this Agreement or your use of the Website.
11.
Nontransferable.
Your right to use the Website is not transferable. Any password
or right given to you to obtain information or documents is not transferable.
12.
Disclaimer and Limits.
THIS WEBSITE IS PROVIDED ON AN "AS IS” and "AS AVAILABLE" BASIS
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT
NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS WEBSITE, THE SERVICES AND THE INFORMATION CONTAINED WITHIN
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE
EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY SERVICES, GOODS OR INFORMATION.
13.
Use of Information.
We reserve the right, and you authorize us, to use and assign all
information regarding Website uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
14.
Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the site and all charges related thereto.
15.
Privacy Policy.
Our Privacy Policy,
as it may change from time to time, is a part of this Agreement.
16.
Use by Children.
The Website is not intended to be used by children under the age
of 13 and we do not knowingly gather or solicit information from such
children. If you are under the age of 13, you do not have permission to
use the Website or register for membership.
17.
Links to Other Websites.
The Website contains links to other third-party websites. We are
not responsible for the content, accuracy or opinions expressed in such
third-party websites, and such third party websites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of
any linked third-party website on our Website does not imply approval
or endorsement of the linked website by us. If you decide to leave our
Website and access these third-party websites, you do so at your own risk.
You agree that use of such third-party websites is AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND SUCH THIRD-PARTY WEBSITE
OPERATORS OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES OR
ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
18.
Copyright Notice.
We respect the intellectual property of others, and we ask you
to do the same. Pursuant to 17 U.S.C. 512(c), if you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information:
(a)
An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(b)
A description of the copyrighted work that you claim has been infringed;
(c)
A description of where the material that you claim is infringing is
located on the Website;
(d)
Your address, telephone number, and e-mail address;
(e)
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
(f)
A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our
Copyright Agent for Notice of claims of copyright infringement on the
Website can be reached as follows:
By
mail: nextSource Inc
120 E. 56th Street, 12th Floor
New York, New York 10022
By facsimile: (212) 736-9046
By e-mail: info@nextsource.com
19.
Information and Press Releases.
The Website contains information and press releases
about us. While this information was believed to be accurate as of the
date prepared, we disclaim any duty or obligation to update this information
or any press releases. Information about companies other than ours contained
in the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
20.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in New York, New York and shall be governed by and construed in accordance
with the laws of the State of New York (without regard to conflict of
law principles). Any cause of action by you with respect to the Website
(and/or any Materials or Services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived
and barred. You agree that any action at law or in equity arising out
of or relating to this Agreement shall be filed only in the state or federal
courts located in New York County, State of New York and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Website
is in conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce
such provision.
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