These
“Terms and Conditions” govern
your use of the Web site known as SACorp.com
(“the Site”). Please read these
Terms and Conditions carefully.
By using this Site, You are indicating Your
acceptance to be bound by these Terms and
Conditions. You are advised to check this
Terms and Conditions page periodically to
review changes that could be made at any time,
because these changes are binding on You.
Spectrum Automation may modify these Terms
and Conditions at any time in its sole discretion
by updating this posting. The terms “You”,
“Your” and “User”
as used herein refer to all persons and/or
entities using this Site for any reason. The
term “Spectrum Automation” means
Spectrum Automation Corporation and all of
its subsidiaries, affiliates, franchisees
and licensees.
Copyright Notice The contents of this Site,
including, without limitation, the “look”
and “feel” of the Site, text,
images, logos, button icons, software, databases,
and other material and content and the compilation
of it (meaning the collection, arrangement
and assembly) (together “Material”)
are protected under both United States and
foreign copyright, trademark and other laws.
All Material is the exclusive property and
intellectual property of Spectrum Automation
or its content suppliers or customers.
Material Use
1. Spectrum Automation authorizes You to view,
a single copy of the Material on this Site
solely for Your personal, noncommercial, internal
business purposes or as a job applicant.
2. You may not distribute the Material to
third parties or use it to create databases,
directories, mailing or marketing lists or
for any other purpose.
3. Unauthorized use of the Material may violate
copyright, trademark and other laws.
4. You must retain all copyright, trademark,
service mark and other proprietary notices
contained in the original Material on any
copy You make of the Material (but You may
only make such copies as expressly authorized
by these Terms and Conditions).
5. To the maximum extent permitted by applicable
law, You may not modify, copy, transmit, create
derivative works from, reverse engineer, disassemble,
or otherwise attempt to discover any source
code from any software accessible or available
through Spectrum Automation, or sell, assign,
sub-license or otherwise transfer any right
in such software.
6. You may not incorporate the Material for
any purpose into another database, search
engine, any other web site or in a networked
computer environment of any kind.
7. You may not copy or adapt the HTML code
that Spectrum Automation creates to generate
its pages.
8. Access to this Site is monitored. The requesting
URLs, the machine originating the request
and the time of the request may be logged
for access statistics and security purposes.
Use of this Site constitutes consent to such
monitoring.
User Information
1. Material on this Site may be changed, terminated,
or updated without notice.
2. Spectrum Automation may also make improvements
and/or changes in the services described in
this Site at any time without notice.
3. Any information or material sent to Spectrum
Automation shall not be considered confidential.
By sending Spectrum Automation any information
or material, You grant Spectrum Automation
an unrestricted, irrevocable right and license
to use such information for its business purposes,
including the right to post job listings and
resumes that You place on this Site
.
Scope of Permitted Site Use
1. You may refer to the URL of this Site without
limitation, but You may not link to this Site
without the prior written approval of Spectrum
Automation.
2. You may not use the Site in order to transmit,
distribute, erase, or store material: (a)
in violation of any applicable law or regulation;
(b) in a manner that will infringe the patent,
copyright, trademark, trade secret or other
intellectual property rights of others or
violate the privacy, publicity or other personal
rights of others; or (c) that is harmful,
defamatory, libelous, vulgar, obscene, threatening,
abusive, harassing or otherwise objectionable
in the opinion of Spectrum Automation.
3. You are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation: (a) attempting to probe,
scan or test the vulnerability of a system
or network or to breach security or authentication
measures without proper authorization; (b)
accessing data not intended for such user
or logging into a server or account which
the user is not authorized to access; (c)
forging any TCP/IP packet header or any part
of the header information in any e-mail or
posting; (d) attempting to interfere with
service to any user, host or network, including,
without limitation, via means of submitting
a virus or corrupted data to the Site, overloading,
continuous posting of repetitive text, “flooding”,
“spamming”, “mailbombing”,
or “crashing”; or (e) sending
unsolicited e-mail, “junk mail”,
“chain letters”, including promotional
materials and/or advertising of products or
services, or any other form of solicitation.
Violations of system and network security
may result in civil or criminal liability.
Specific Prohibited Uses
The Site may only be used for lawful purposes.
Spectrum Automation specifically prohibits
any use of the Site, and all Users agree not
to use the Site, for any of the following:
Posting any incomplete, false, inaccurate
or misleading biographical information or
information which is not Your own accurate
resume. Recruiters representing candidates
may not send that candidate’s resume
in response to a job posting.
Deleting or changing another persons’
information posted on the Site.
Posting or transmitting any message, information,
data, text, software or images, or other material
that may invade another’s privacy or
publicity rights or is unlawful, harmful,
threatening, abusive, harassing, defamatory,
libelous, vulgar, obscene, or otherwise objectionable
in the opinion of Spectrum Automation.
Posting a sexually–explicit image or
statement.
Using any device, software or routine to interfere
or attempt to interfere with the proper working
of this Site or any activity being conducted
on this Site.
Taking any action that imposes an unreasonable
or disproportionately large load on this Site’s
infrastructure.
Notwithstanding anything to the contrary contained
herein, using or attempting to use any engine,
software, tool, agent or other device or mechanism
(including without limitation browsers, spiders,
robots, avatars or intelligent agents) to
navigate or search this Site other than the
search engine and search agents available
from Spectrum Automation on this Site and
other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
Other than as permitted expressly by these
Terms and Conditions, copying or duplicating
any of the materials or information available
from the Site.
Other than as permitted expressly by these
Terms and Conditions, framing of or linking
to any of the materials or information available
from the Site.
Feedback and Information
Any feedback that You provide at this Site,
including but not limited to, electronic and
written correspondence, shall be deemed to
be non-confidential and can be used by Spectrum
Automation without limitation.
Indemnity
By using this Site, You agree to indemnify,
hold harmless and defend Spectrum Automation
from any claims, damages, losses, liabilities
and all costs and expenses of defense, including
but not limited to attorneys’ fees,
resulting directly or indirectly from Your
use of this Site, unless such claims, damages,
losses, liabilities, costs and expenses arise
from and have directly and solely been caused
by the gross negligence or intentionally wrongful
acts of Spectrum Automation.
Disclaimer
1. Your use of this Site is free of charge.
Therefore this Site and all information within
it are provided on an “as is”
basis and Spectrum Automation makes and gives
no conditions, representations, warranties,
or other terms regarding the effectiveness
this Site or the Material in meeting Your
employment objectives.
2. All conditions, warranties, undertakings,
representations and other terms of any kind
whatsoever, express or implied (whether by
statute, common law or otherwise), in respect
of the Site or the Material or in connection
with them are hereby excluded by Spectrum
Automation to the fullest extent permitted
by law and Spectrum Automation shall have
no obligation, duty or liability whatsoever
to You.
3. Without prejudice to the generality of
the foregoing, to the fullest extent permitted
by law Spectrum Automation specifically disclaims
and excludes all warranties or conditions
implied by law or statute concerning satisfactory
quality and fitness for purpose and reasonable
skill and care.
4. Spectrum Automation does not guarantee
to any employer or client the availability
of resumes or candidates, or that any candidate
will meet Your needs.
5. Spectrum Automation uses reasonable care
in compiling and presenting the information
found on this Site. However, the accuracy
of information supplied by candidates, employers
and other users is not within the control
of Spectrum Automation, and Spectrum Automation
does not certify that it has verified any
information in any job listing, resume, file
or other posting entered into the Spectrum
Automation database or available on this Site.
6. Further, Spectrum Automation does not assume
liability for any errors or omissions in the
content on this Site or any third party site,
including, but not limited to, typographical
errors, inaccuracies, outdated information,
or broken links.
7. Spectrum Automation expressly disclaims
liability for errors or omissions in the information
found on this Site.
8. You acknowledge that in any computer system
and any network of computer systems there
is certain to be “downtime” due
to mechanical, telecommunication, software,
hardware and third-party vendor failures during
which Spectrum Automation will be unable to
provide this Site to You. Spectrum Automation
cannot predict or control when such “downtime”
may occur and cannot control the duration
of such “downtime.
9. Spectrum Automation has no authority or
control over the content, operation or performance
of any portion of the Internet including other
Web sites to which this Site may be linked
or from which this Site may be accessed. A
link to a Web site not owned or operated by
Spectrum Automation does not mean that Spectrum
Automation endorses or accepts responsibility
for the content or use of such Site and such
link is being provided to You merely as a
convenience. Reference to any product, process,
publication, service or offering of any third
party by trade name, trademark, manufacturer
or otherwise does not necessarily constitute
or imply its endorsement or recommendation
by Spectrum Automation.
10. The views and opinions of employers, candidates
and other users of this Site do not necessarily
state or reflect those of Spectrum Automation.
Limitation of Liability
IN NO EVENT WILL SPECTRUM AUTOMATION BE LIABLE
FOR DAMAGES OF ANY KIND INCLUDING WITHOUT
LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EVEN IF SPECTRUM
AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR
ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING
PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE
FOR ANY REASON, THEN SPECTRUM AUTOMATION’S
MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES
SHALL BE LIMITED TO U.S. $25.00.
Proprietary Information (Trademarks
and Service Marks)
1 Certain portions of this Site contain information
that is considered confidential and proprietary.
This information is not available to the general
public. Any attempt to access this information
will be prosecuted to the fullest extent possible
under local, state, national and international
law. Nothing contained herein shall be construed
as conferring by implication, estoppel or
otherwise any license or right under any patent,
copyright, trademark or other intellectual
property right of Spectrum Automation or any
third party, except as expressly granted herein.
General
1 Spectrum Automation makes no claims that
the Materials may be lawfully viewed or downloaded
outside of the United States. Access to the
Materials may not be legal by certain persons
or in certain countries. If You access the
Site from outside of the United States, You
do so at Your own risk and are responsible
for compliance with the laws of Your jurisdiction.
2 These Terms and Conditions and use of the
Site are governed by the internal substantive
laws of the State of California, without respect
to its conflict of laws principles. Jurisdiction
for any claims arising under Your use of this
Site shall lie exclusively with the state
or federal courts within San Diego, California.
3 If any provision of these Terms and Conditions
are found to be invalid by any court having
competent jurisdiction, the invalidity of
such provision shall not affect the validity
of the remaining provisions of these Terms
and Conditions, which shall remain in full
force and effect.
4 No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing
waiver of such term or any other term.
5 No changes to these Terms and Conditions
shall be made except by a revised posting
on this page.
