Terms of Service
Introduction:
By visiting www.cmc-jobs.com you
agree to abide by the Terms of Use described below. We have created these rules
and guidelines to protect you and to ensure that CMC Technical website is safe
for everybody. By agreeing to these terms, you are taking responsibility for
your own actions. If you do not agree to the terms of use below, please do not
access or use this site. Copyright © 2008 CMC Technical, Inc. All other rights
reserved.
Legal Notice and Disclaimer:
CMC Technical obtains all information,
downloadable files and software contained herein from sources believed by CMC
Technical to be accurate and reliable. Because of the possibility of human and
mechanical error as well as other factors, CMC Technical shall not be held
responsible for any errors or omissions in the information,
and/or downloadable files, and/or software available at the CMC Technical
website. CMC Technical makes no representations, and expressly disclaims all
responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that
are available to the user at the CMC Technical website.
Information and software may be changed at any time without notice of any
kind. The information and software
on this site are provided "as is" without expressed or implied
warranty of any kind. CMC Technical disclaims all warranties with regard to the
information and/or software,
including all implied warranties of merchantability and fitness for a
particular purpose. In no event shall CMC Technical be liable for any special,
incidental, indirect or consequential damages or any other damages whatsoever,
including without limitation, any loss of use, lost data, or lost profits or
opportunity, or punitive damages, whether in an action of contract, negligence
or other tort action, arising out of or in connection with the accuracy, use,
or performance of the information,
and/or downloadable files and/or software on CMC Technical’s website. Some U.S. states and
foreign countries provide rights in addition to those above, or do not allow
limitation or exclusion of implied warranties, or liability for incidental or
consequential damages. Therefore, the above limitations may not apply to you or
there may be state provisions that supersede the above. Any clause or any
portion of a clause declared invalid shall be deemed severable and shall not
affect the validity or enforceability of the remainder of the clause. These
terms may only be amended in writing, must be signed by CMC Technical’s
authorized representatives, and shall be governed by the laws of the state of Virginia.
Links to Third Party Sites:
The links to third parties contained within this website will allow you to
leave CMC Technical’s site. The sites that are linked to CMC Technical’s site
are not under the control of CMC Technical. CMC Technical is not, and shall not
be, held responsible for the contents, in any way or form, of any linked site
or of any link contained in a linked site. CMC Technical provides these links
only as a convenience to you, the user of the website; and the inclusion of any
link does not imply endorsement by CMC Technical of the linked site.
Any rights not expressly granted by CMC Technical herein are expressly
reserved.
CMC Technical Website Terms of Use
Acceptance of Terms of Use
www.cmc-jobs.com:
The access to CMC Technical’s site is provided free of charge to you by CMC
Technical, Inc. ("CMC Technical") under these Terms of Use. Although
portions of CMC Technical’s site may be viewed simply by visiting the site, in
order receive additional services from CMC Technical you may need to sign on as
a guest or register as a member of CMC Technical’s site. If you sign on to CMC
Technical’s site as a guest or if you register as a member of CMC Technical’s
site community, these Terms of Use will govern your use of CMC Technical’s
site, including access to message boards and other features.
BY SIGNING ON TO CMC Technical’s SITE AS A GUEST AND/OR BY COMPLETING THE
REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE
TERMS OF USE AND SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of CMC Technical’s site and all services
provided in connection with CMC Technical’s site. CMC Technical shall not be
liable to you for any breach of these Terms of Use. In addition, CMC Technical
does not bear any fiduciary responsibility to any user of this website. If you
do not agree to these Terms of Use, please do not register for or enter CMC
Technical’s site. The Terms of Use for your continued use of CMC Technical’s
site will be posted on the CMC Technical site. Please check this area before
using CMC Technical’s site to determine whether a change has been made to these
Terms of Use. If you do not agree to these changes in the Terms of Use as they
may occur, please arrange to terminate your registration with CMC Technical’s
site immediately (i) by notifying CMC Technical of your unwillingness to accept
the changes to the Terms of Use; and (ii) by discontinuing your use of CMC
Technical’s site. Your continued use of CMC Technical’s site shall be construed
as, and shall constitute your acceptance of any and all changes in the terms
and conditions set forth herein.
From time to time CMC Technical may supplement these Terms of Use with
additional Terms pertaining to specific content or events ("Additional
Terms"), which Additional Terms may be placed on CMC Technical’s site to
be viewed in connection with the specific content or events and shall be
identified as such. You understand and agree that such Additional Terms are
hereby incorporated by reference into these Terms of Use.
Registration Information/Privacy Policy
Collection of Personal Information
When you engage in certain activities on this site, such as filling out forms,
downloading software, or entering complaints, CMC Technical may ask you to
provide certain information about
yourself by filling out and submitting an online form. It is completely
optional for you to engage in these activities. If you elect to engage in these
activities, however, CMC Technical may require that you provide certain
personal information, such as your
name, mailing address, e-mail address, and other personal identifying information.
CMC Technical collects this information
in order to record and support your participation in the activities you select.
All information collected,
regardless of type, will be protected pursuant to the Privacy Act and the
Freedom of Information Act.
If you would like your name deactivated from CMC Technical’s lists, or if
you would like to unsubscribe from CMC Technical’s e-mail bulletins, please use
the contact information below to
request that CMC Technical deactivate you from its lists. Be sure to include
your name, postal address, telephone number, information
contained in your CMC Technical mailer, and/or other necessary information needed for deactivation.
CMC Technical will use reasonable efforts to honor your requests, but we
appreciate your patience in allowing us a reasonable amount of time for
processing.
Use of Cookies
When you visit www.cmc-jobs.com, you can surf the site anonymously and access
important information without
revealing your identity. In order to analyze and improve our site, we use
"cookies" to track your visit. A cookie is small amount of data that
is transferred to your browser by a Web server and can only be read by the
server that gave it to you. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser
to notify you when you receive a cookie, giving you the chance to decide
whether or not to accept it. (For some Web pages that require an authorization,
cookies are not optional. Users choosing not to accept cookies will not be able
to access those pages.)
While CMC Technical uses cookies to track your visit to www.cmc-jobs.com,
and our Web servers automatically log the IP/Internet address of your computer,
this information does not identify
you personally and you remain anonymous unless you have otherwise provided CMC
Technical with personal information.
Please note that CMC Technical is not responsible for the content or privacy
practices of non-CMC Technical Web sites to which www.cmc-jobs.com may link.
Users may send e-mail to us at cmctechnical@cmc-jobs.com with any further
questions.
CMC Technical, Inc.
502 Viking Drive, #102
Virginia Beach,
VA 23452
Ph: 757.428.8888
Modifications of these Terms of Use
CMC Technical may modify these Terms of Use from time to time at its sole
discretion. Each time you log on to CMC Technical’s site, you will be deemed to
have accepted any such changes, unless you arrange to terminate your
registration with CMC Technical’s site immediately (i) by notifying CMC
Technical of your unwillingness to accept the changes to the Terms of Use; and
(ii) by discontinuing your use of CMC Technical’s site.
Modifications of the CMC Technical Site
CMC Technical may modify or discontinue CMC Technical’s site with or without
notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use CMC Technical’s site to send or post on message
boards, blogs or any place on CMC Technical’s site, any message or material
that is unlawful, harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene, profane, sexually oriented, threatening, racially
offensive, inaccurate, or otherwise objectionable material of any kind or
nature or that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation, or encourage the use of controlled
substances. CMC Technical reserves the right to delete any such material from CMC
Technical’s site. CMC Technical will cooperate fully with any law enforcement
officials and/or agencies in the investigation of any person or persons who
violate the Terms of Use contained in this Section 5.
You agree not to post or use CMC Technical’s site to distribute or send any
illegal material of any kind, including but not limited to, illegal material in
the form of text, graphics, video, programs or audio files.
Posting content or participating in any form of discussion with the
intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) CMC Technical permits access to content that is
protected by copyrights, trademarks and other intellectual and proprietary
rights ("Rights"); (ii) these Rights are valid and protected in all
media and technologies existing now or later developed; and (iii) except as
explicitly provided otherwise, the Terms of Use and applicable copyright,
trademark and other laws govern your use of such content. You may not post to CMC
Technical’s site, copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any material subject to any Rights.
The burden of determining that Rights do not protect any information,
software, images or any other content on CMC Technical’s site rests with you.
You acknowledge that CMC Technical may acquire Rights to use any posted
materials as described below, and that you will not acquire any of those Rights
by downloading such materials.
Third Party Services
Special routing icons may be included within CMC Technical’s site, the
activation of which will allow you to access and learn more about CMC Technical
and other services provided by CMC Technical or its affiliates whereby the use
of such icons is free of additional charge to you. When you access any of these
services, your rights and obligations will be governed by the agreements and
policies relating to the use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF CMC Technical’s SITE IS AT YOUR SOLE RISK. CMC
Technical’s SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. CMC Technical EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CMC Technical MAKES NO WARRANTY
THAT CMC Technical’s SITE WILL MEET YOUR REQUIREMENTS, OR THAT CMC Technical’s
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CMC
Technical MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF CMC Technical’s SITE. CMC Technical WILL NOT BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY
RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF CMC Technical’s SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF CMC Technical’s SITE IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT CMC Technical DOES NOT
GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN
CONNECTION WITH CMC Technical’s SITE. CMC Technical IS NOT RESPONSIBLE FOR ANY
ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH
INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CMC
Technical NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN CMC
Technical’s SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING,
COUNSELING OR OTHER ADVISORY SERVICES. CMC Technical ENCOURAGES YOU TO SEEK
APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU
MAY HAVE.
CMC Technical SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR
ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR
IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR
PARTICIPATION IN CMC Technical’s SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMC Technical OR
THROUGH CMC Technical’s SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
CMC Technical MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH CMC Technical’s SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH CMC
Technical’s SITE.
CMC Technical IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD
WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CMC Technical’s SITE. AS A CONVENIENCE
TO CMC Technical’s USERS, CMC Technical MAY PROVIDE LINKS TO RESOURCES THAT ARE
BEYOND CMC Technical’s CONTROL. CMC Technical MAKES NO REPRESENTATIONS AS TO
THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH CMC
Technical MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE
AGAINST CMC Technical WITH RESPECT TO SUCH SITES.
Limitation of Liability
CMC Technical SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE CMC Technical’s SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH CMC Technical’s SITE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR
OTHER INTANGIBLES, EVEN IF CMC Technical HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Promotional Messages
CMC Technical may, from time to time, send e-mail messages to you containing
advertisements, promotions, etc. CMC Technical makes no representation or
warranty with respect to the content of any such e-mail messages or services
that may be obtained from CMC Technical, and you agree that CMC Technical shall
not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer and/or employee of CMC Technical,
its parent companies, subsidiaries and affiliates, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of CMC Technical’s site, the violation of these Terms
of Use by you, or the infringement by you, or any other user of your account,
of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of Virginia,
without regard to conflicts of laws provisions thereof. The sole jurisdiction
and venue for actions related to the subject matter hereof shall be Virginia
State and U.S. Federal courts sitting in the County of Allegheny or, the Virginia
State and U.S. Federal courts having within their jurisdiction the location of CMC
Technical’s principal place of business. In any action or proceeding to enforce
rights under this Agreement, the prevailing party will be entitled to recover
costs and attorneys' fees.
Remedies for Breach of these Terms by You
In the event that CMC Technical determines, at its sole discretion, that you
have breached any portion of these Terms of Use, or have otherwise demonstrated
conduct inappropriate for the community of CMC Technical’s site, CMC Technical
reserves the right to (i) warn you via e-mail that you have violated these
Terms of Use; (ii) delete any content provided by you or your agent(s) to CMC
Technical’s site, (iii) delete all content provided by you to CMC Technical’s
site, (iv) discontinue your registration with CMC Technical’s site and/or any
other CMC Technical community; (v) notify and/or send content to and/or fully
cooperate with the proper law enforcement authorities for further action;
and/or (vi) any other action which CMC Technical deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law
under which the Terms of Use are to be construed or if any such provisions are
held invalid by a court with jurisdiction over the parties to the Terms of Use,
such provision will be deemed to be restated to reflect as nearly as possible
the original intentions of the parties in accordance with applicable law, and
the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by
the other party of any provision of the Terms of Use or to exercise any right
under the Terms of Use will not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such provision or
right in that or any other instance, rather, the same will be and remain in
full force and effect.
CMC Technical may assign its rights and obligations under these Terms of Use
and upon such assignment CMC Technical may be relieved of any further obligation
hereunder.
You represent to CMC Technical that you have the authority to register with CMC
Technical’s site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be
identified when posted on CMC Technical’s site by CMC Technical) constitute the
entire understanding between the parties as to the subject matter herein, and
supersede all prior agreements and understandings. Any legally unenforceable
provision of these Terms of Use will, at the election of CMC Technical, be
deleted or modified to correct the defect and, regardless, the remainder of the
terms of these Terms of Use will remain valid and enforceable.