The Real Wyndrose Logo4.gif (15126 bytes) Wyndrose Technical Group Inc.

 

Terms and conditions for database and site use

 

Terms of Service Agreement for Users of Wyndrose Databases


These Terms and Conditions ("Agreement") is a legal agreement between you ("You") and Wyndrose Technical Group, Inc.  ("Wyndrose" or "WTG") and its affiliates. This Agreement provides the terms and conditions under which You may access this Wyndrose Web site ("Site") and the databases maintained by Wyndrose, and on which Wyndrose will provide any related  services   to You. If You have any concerns or questions about this Agreement, about this Site, or about Wyndrose policies, please contact us via email at sales@wyndrose.com. This Site is owned and operated by Wyndrose Technical Group, Inc., which has its principal offices at:

380 Forelands Road
Annapolis, Maryland 21401
U.S.A.

PLEASE READ THIS AGREEMENT AND WYNDROSE'S PRIVACY POLICY CAREFULLY. BY SUBMITTING A RESUME OR A URL TO WYNDROSE, YOU:

  1. REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE,
  2. REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND WYNDROSE'S PRIVACY POLICY, AND
  3. AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AND WYNDROSE'S PRIVACY POLICY AS IF YOU HAD SIGNED THEM.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND WYNDROSE'S PRIVACY POLICY, DO NOT SUBMIT A RESUME OR A URL TO WYNDROSE.

1- Your Use of This Site and Wyndrose database Services.

a. Overall.
Wyndrose maintains databases of resumes of professionals and shares those resumes with others for the purposes of professional networking and employment. Professionals who submit their resumes are eligible to be considered for employment opportunities with Wyndrose clients or others to whom Wyndrose may communicate their resumes. Submitters may use this Site and Wyndrose database Services solely for their individual, personal purposes and only in accordance with this Agreement.

b. Your Use of Proprietary Materials.
All content on this Site, including but not limited to all information, text, audio, video, and graphics, is the property of Wyndrose or its licensors and is protected by copyright laws worldwide. Wyndrose and the Wyndrose logo are trademarks of Wyndrose Technical Group, Inc. and are protected in the U.S. and other countries. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners. You may not copy, upload, post, publicly display or perform, modify, create derivative works from, distribute, or otherwise transmit any materials from this Site in any way, except that You may print out one copy of materials on this Site for Your own personal use only, provided that You do not delete or alter any copyright, trademark, or other proprietary notice. You may not link to this Site without WTG's prior written authorization. Content on this Site may be protected by patent, trade secret, or other proprietary rights, and nothing herein shall be construed as conferring by estoppel, implication, or otherwise any license or right under such proprietary rights. Certain parts of this Site may contain confidential or proprietary information that is not available to the general public. Your attempt to access such information without authorization may be prosecuted to the full extent of the law.

c. Your Content.
You represent and warrant that all information You provide to WTG in Your resume   is true, accurate, and not misleading. You assume sole responsibility for ensuring that any material including third-party content that You post or otherwise transmit to this Site (including via email) does not violate any laws or the rights of any person (including but not limited to those related to privacy, confidentiality, publicity, copyright, trademarks, trade secrets, patents, and so on); is not defamatory; is not pornographic, obscene, or otherwise indecent; does not harass, threaten, abuse, or offend (including racially, ethnically, and sexually offensive communications); does not contain any virus or any other similar harmful or malicious program, code, or data; does not contain advertisements, promotions, or commercial solicitations; does not constitute spamming as that term is commonly understood or as it is defined under the law; and does not otherwise expose Wyndrose to civil or criminal liability or public ridicule. 

2- WTG's Right to Use Your Content/Information.

The provision and collection of data are subject to the terms of this Agreement and WTG's Privacy Policy, the latter of which You will find here. Except as otherwise provided by the Privacy Policy, You grant to Wyndrose a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid transferable right and license to use any of Your Content and exercise all rights, including but not limited to copyright rights, in such information in any media now known or that may be later developed. If You submit a resume, URL or any other materials to Wyndrose Technical Group, Inc.,, You will be considered to have read, understood and accepted both the Agreement and the Privacy Policy and have consented to Wyndrose's collection of and use of Your information in the manner provided for this Agreement and the Privacy Policy.

WTG  assumes NO responsibility for Your Content, and is not responsible for any loss or damage related to Your Content. WTG may, at any time and in its sole discretion, screen, monitor, investigate, intercept, block, exclude, remove, request the removal of, or otherwise exercise control over Your Content or anyone elses content that WTG determines violates any applicable law or any right of WTG or any third party, or otherwise may expose WTG to civil or criminal liability or public ridicule, provided however that such right shall not obligate WTG to so exercise control over Your Content or any third party's content. WTG reserves the right to give assistance to any relevant person or entity regarding any such violation.

3- References and Links to Third Parties.

This Site may contain references (including by trademark, service mark, or trade name) and links to content, products, services, or other offerings of third parties (including but not limited to potential employers). Such references and links do not constitute or imply an endorsement or recommendation by WTG of any such third party, nor do they constitute or imply an endorsement or recommendation by any such third party of WTG. WTG has no authority or control over, and is not responsible for, such third parties or their Web sites, including their availability, content, operation, practices, performance, any viruses accessed through them, or anything purchased or otherwise acquired through them.

4- Modification of This Agreement.

WTG may, in its sole discretion, modify this Agreement and WTG's Privacy Policy from time to time without prior notice to and acceptance by You. Such changes shall be effective upon posting on the Site. You can review the current version of this Agreement and WTG's Privacy Policy by clicking on the links so designated on this Site's pages. By continuing to use this Site and/or WTG's Services following any modification of this Agreement or WTG's Privacy Policy, You accept any such changes. If You do not accept such changes, Your sole remedy is to terminate this Agreement (along with Your agreement to the Privacy Policy) pursuant to Section 10 of this Agreement. 

5- DISCLAIMER

SUBJECT TO SECTION 7, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE (INCLUDING ANY WEB SITES, CONTENT, FEATURES, AND SERVICES AVAILABLE OR ACCESSIBLE THROUGH THIS SITE) AND ANY WTG SERVICES, WHICH ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS AND WITHOUT TERMS, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT. WITH REGARD TO THIS SITE (INCLUDING ANY WEB SITES, CONTENT, FEATURES, AND SERVICES AVAILABLE OR ACCESSIBLE THROUGH THIS SITE) AND WTG SERVICES, WTG MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS OR USE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT YOU WILL OBTAIN ANY RESULTS FROM SUCH ACCESS OR USAGE; THAT DEFECTS WILL BE CORRECTED; THAT ANY INFORMATION WILL BE ACCURATE, ADEQUATE, AVAILABLE, COMPLETE, CORRECT, CURRENT, OR SUITABLE; OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WTG NEITHER WARRANTS NOR REPRESENTS THAT YOU WILL RECEIVE A CAREER OPPORTUNITY AS A RESULT OF YOUR SUBMISSION OF A RESUME, WTG SERVICES, OR YOUR USE OF THIS SITE.

WTG ALSO MAKES NO REPRESENTATION THAT MATERIALS AT THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL JURISDICTIONS. YOU ARE SOLELY RESPONSIBLE FOR READING AND COMPLYING WITH ALL NOTICES, INSTRUCTIONS, RULES, AND RESTRICTIONS WHEREVER THEY ARE POSTED ON THIS SITE, AND FOR COMPLYING WITH ALL APPLICABLE LAWS, STATUTES, REGULATIONS, OR ORDINANCES, WHETHER IN THE U.S., YOUR JURISDICTION, OR ELSEWHERE.

6- LIMITATION OF LIABILITY

SUBJECT TO SECTION 7, IN NO EVENT SHALL WTG OR ANY OF ITS AFFILIATES, LICENSORS, OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE PERSONNEL, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OR DAMAGE FOR BUSINESS INTERRUPTION, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR LOSS OR INJURY TO REVENUE, PROFITS, BUSINESS OPPORTUNITY, BUSINESS PERFORMANCE, REPUTATION, GOOD WILL, OR DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, THIS SITE (INCLUDING ANY WEB SITES, CONTENT, FEATURES, AND SERVICES AVAILABLE OR ACCESSIBLE THROUGH THIS SITE), WTG SERVICES, OR THE PERFORMANCE OR NONPERFORMANCE OF ANY WTG CLIENT OR OTHER THIRD PARTY, EVEN IF WTG OR ANY OF ITS AFFILIATES, LICENSORS, OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE PERSONNEL, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

7- TERMS IMPLIED BY LAW

WHERE ANY LAW IMPLIES ANY TERM INTO THIS AGREEMENT AND THAT LAW PROHIBITS PROVISIONS UNDER A CONTRACT THAT EXCLUDE OR MODIFY THE OPERATION OF SUCH TERM, THE TERM IS DEEMED TO BE INCLUDED IN THIS AGREEMENT. HOWEVER, WTG'S LIABILITY FOR BREACH OF SUCH TERMS WILL BE, IF PERMITTED BY LAW, LIMITED TO ONE OF THE FOLLOWING REMEDIES (AT WTG'S OPTION): THE RESUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES. 

8- Indemnification.

You agree to indemnify and hold harmless WTG (including its affiliates), licensors, and business partners, as well as any of their respective personnel, from any claims, liabilities, losses, damages, costs, and expenses (including but not limited to attorneys fees) arising out of (a) Your inappropriate or unlawful use of this Site or WTG Services; (b) Your breach of this Agreement; or (c) Your Content. 

9- Jurisdiction.

This Agreement shall be governed by the laws of the United States of America and of the State of Maryland applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Anne Arundel County, Maryland will be the non-exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement, but WTG retains the right to bring proceedings in any other court of competent jurisdiction. Any cause of action of Member with respect to this Site, WTG Services, or this Agreement must be instituted within one (1) year after the facts giving rise to the claim or cause of action were (or should have been) known or else such claim will be barred. Member agrees that this Agreement is set forth in the English language for the mutual convenience and benefit of the parties. 

10- Term and Termination.

This Agreement shall begin on the date that You submit a resume, URL or other materials to WTG and will continue until terminated by You or WTG. You may terminate this Agreement along with Your agreement to the Privacy Policy at any time by notifying WTG of Your decision to remove Your personal profile by sending an email with Remove User in the subject line to sales@wyndrose.com. Please include Your full name and phone number. WTG may terminate this Agreement or refuse access to You at any time. In addition, WTG may modify or discontinue this Site, WTG Services, or their availability to You, at any time. 

11-Notices.

Except as expressly provided otherwise, all notices required by this Agreement shall be given: (a) to WTG, via email to sales@wyndrose.com, or in writing by hard copy to the WTG address designated above; and (b) to You, via Your most recent email address, postal address, or telephone number of record on file with WTG or via posting on this Site. Any email notice shall be deemed to be given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid or the message is otherwise returned as undeliverable. Notice given in writing in hard copy may be delivered by hand, by overnight courier, by facsimile with confirmation of receipt, or by certified or registered mail, postage prepaid, return receipt requested. 

12- Miscellaneous.

This Agreement constitutes the entire and exclusive agreement between You and Wyndrose Technical Group, Inc., and, except as expressly set forth in this Agreement, supersedes all other agreements whether written or oral regarding the subject matter hereof. This Agreement may only be amended as set forth in Section 4; any other amendment must be in writing and signed by both parties. If any term of this Agreement is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, it shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. The section headings in this Agreement are for ease of reference only and shall not be considered to be part of this Agreement. Sections 2, 5, 6, 7, 8, 9, 10, and 12 shall survive termination of the Agreement for any reason. The parties are independent contractors, and nothing stated in this Agreement shall be deemed to create any agency, partnership, fiduciary, joint venturer, employer-employee, or franchisor-franchisee relationship. WTG may, in its sole discretion, choose to enforce or not enforce any or all terms of this Agreement, but in no event shall WTG be required to explain, comment on, suffer liability for, or forfeit any right or discretion based on WTG's enforcement or nonenforcement or WTG's consistency or inconsistency in enforcing any of these terms. 

PLEASE READ THIS AGREEMENT AND WYNDROSE'S PRIVACY POLICY CAREFULLY. BY SUBMITTING A RESUME< URL OR OTHER MATERIALS YOU: 

  1. REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE,
  2. REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND WTG'S PRIVACY POLICY, AND 
  3. AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AND WTG'S PRIVACY POLICY AS IF YOU HAD SIGNED THEM.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND WTG'S PRIVACY POLICY, DO NOT CLICK ON THE SAVE OR CONTINUE BUTTONS, IN WHICH CASE YOU MAY NOT BE INCLUDED IN WYNDROSE DATABASES OR URL LISTS.