Epic Connection's Terms and Conditions
These Terms an Conditions explain the contractual binding agreement between you, who uses this Web site and it's services and agrees to these Terms and Conditions ("you", "your"), and the Epic Connection Network and its subsidiaries and affiliates ("Network", "we", "us", "our") regarding your use of this Web site and it's services ("Network Web Site") and activities and placements conducted through the Network Web Site. We recommend that you print a copy of these Terms and Conditions for your records. If you have questions regarding these Terms and Conditions, please click on "Contact Us"
1. "Agree"
By using this Web site, you signify that you have read, understand and accept these Terms and Conditions. Furthermore, at various times within the Network Web Site you may be required to click "Submit" or similar buttons to register and participate in certain activities, sign up for membership, or make purchases. Your act of "clicking" the button signifies your further acknowledgement and agreement with these Terms and Conditions. We will try to remind you at various times of these Terms and Conditions and your agreement with them, and you are encouraged to review them often. Please note, however, that our failure on any Web page to make specific notice of these Terms and Conditions does not mean that they are not applicable. These Terms and Conditions apply to the entire Network Web Site and all functionality, features, services, and content offered by us through the Network Web Site. If you are dissatisfied with these Terms and Conditions, your sole remedy is to discontinue your use of the Network Web Site.
2. Acceptable Uses of the Network Web Site
2.1 General Use Rules - This Network Web Site is intended for recruiters or employers seeking candidates for placement and for individuals seeking fulltime or contract work. You may use this Network Web Site only for its purposes within the stated context of our intended and acceptable use of the Site. We are the sole interpreter of the Network Web Site's intended and acceptable use.
2.2 License to Use - We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal, non-commercial use or for your internal business use seeking candidates for employment. This is a revocable license, not a transfer of title, and is subject to the entirety of this agreement. You may view and download a single copy of the information contained on this Site on a single computer for your personal use directly related to using the Site for the purpose of searching for job opportunities, posting job opportunities, or searching and recruiting job prospects. We reserves the right to suspend or terminate your access and use at any time if we determines in its sole discretion that you are in breach of any of the Terms and Conditions. This is a revocable license, not a transfer of title, and is subject to the restrictions outlined throughout this agreement.
3. Fees and Payment
Membership access fee to the Epic Connection website is $99 per month.
Hiring Firm sets the transaction/placement fee in the process of posting jobs to the Network Web Site. Transaction/placement fees are, but not limited to, either a percentage of the candidates first year salary or a flat fee. Vendor (recruiter) shall invoice Hiring Firm effective on the candidates official start date for the transaction/placement fee and Hiring Firm shall pay the transaction/placement fee to vendor (recruiter) within 15 days of the effective invoice date unless otherwise specified in the job posting listed on the Network Web Site. Vendor (recruiter) pays Epic Connection 10% of the placement fee net 10 business days upon receipt of funds.
4. Candidate Guarantee to the Hiring Firm
Vendor (recruiter) will refund the placement fee on a pro-rated basis for any candidate who might resign or be terminated for any reason (other than downsizing or layoff) within the first 90 calendar days of employment, provided Client has paid the service fee within 15 days of the candidate's start date. We do not guarantee that use of any of our products or services will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
5. Use of Secure Area and Password
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password shall not be distributed to others, and the Authorized Party is responsible for any and all damages to the Company resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request.
6. Privacy
We recommend that you review our Privacy Policy which is part of these Terms and Conditions. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the Network Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
7. Updates and Changes
We reserve the right, at any time, to modify, alter, update, or remove portions of these Terms and Conditions, so please check them (including our Privacy Policy) from time to time as your continued use of the Network Web Site after a change has been made signifies your acceptance of any changed items. We may also add, delete or modify some or all of our service offerings at any time. You may only amend these Terms and Conditions with a writing signed by both of us.
8. Disclaimers of Warranties
Network Web Site. THIS WEB SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, SERVICES OR PRODUCTS AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. Products and Services. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT SOLD OR SERVICE OFFERED, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. THESE DISCLAIMERS OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY TO PERSON(S) OR PROPERTY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
9. Limitation of Liability
Network Web Site. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE NETWORK WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE NETWORK WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE NETWORK WEB SITE EXCEED US$100. Products and Services. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF ANY OF OUR PRODUCTS OR SERVICES. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO ANY OF OUR PRODUCTS OR SERVICES EXCEED AMOUNTS ACTUALLY PAID BY TO YOU US FOR SUCH PRODUCTS OR SERVICES. THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
10. Links
(a) This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk, including reliance on the content contained on or provided by such links or sites. (b) Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Network Web Site on another Web site if you comply with all of the following: (a) the link must be a text-only link clearly marked "Epic Connection" or "www.epicconnection.com" "www.epicconnection.net"; (b) the link must "point" to the URL "www.epicconnection.com" "www.epicconnection.net" and not to other pages within the Network Web Site; (c) the link, when activated by a user, must display the Network Web Site full-screen and not within a "frame" on the linking Web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking Web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
11. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Network Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Network Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.
12. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Network Web Site and your purchase of the items on the Network Web Site. You must be 18 years or older to use the Network Web Site.
13. User Communications, Feedback and Submissions
You agree not to submit, publish, distribute, or transmit through the Network Web Site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. You also agree that you will not submit, publish, distribute, or transmit anything through the Network Web Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You grant us a nonexclusive, royalty-free, irrevocable worldwide license to link to, reproduce, distribute, adapt, perform, display, and sublicense the submitted Content. Further, by submitting Content to us, you acknowledge that you have the authority to grant such rights to us. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT. We do not endorse any information posted or content contained on the Network Web Site and we are not liable for any information posted on the Network Web Site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the Network Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
14. No endorsements by Epic Connection
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Network Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
15. Ownership and Conduct
The Network Web Site and all intellectual property rights included in or related to the Network Web Site (including but not limited to products, copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in the Network Web Site and the intellectual property rights remain our property. You may not, and these Terms and Conditions do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Network Web Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Network Web Site or its content. The Network's products, trademarks, trade names, and service marks are proprietary to the Network, and may not be used in connection with any product or service without our written permission. You may not disclose to, or share your password with a third party for any unauthorized purpose, or in any way allow any third party to access a non-public area of the Site. You may not use or attempt 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 the Company on this Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.) You may not access data not intended for you or logging into a server or account that you are not authorized to access. You may not probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
16. Termination of Usage
These Terms and Conditions are in force until terminated by either you or us. You may terminate these Terms and Conditions solely by discontinuing your use and access to the Network Web Site. We may terminate these Terms and Conditions, or suspend your access to all or part of the Network Web Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Network Web Site or is in violation of any applicable law or these Terms and Conditions. In the event of termination or expiration of these Terms and Conditions for any reason, the provisions of Sections 5, 6, 7, 8, 12, 13, 14, 15, 16 and 17 shall survive.
17. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your breach of any provision of these Terms and Conditions and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.
18. Governing Law and Jurisdiction
The Network Web Site is controlled and operated by us from our offices within the State of California, United States of America. Although it may be technically accessed from all 50 states as well as from other countries around the world, you agree that your use of the Network Web Site shall be construed to be made from within the State of California and you agree that these Terms and Conditions and your use of the Network Web Site shall be governed in all respects by the internal substantive laws of the State of California, without regard to conflict of laws provisions. We specifically disclaim the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the state and federal courts located in Newport Beach, California and further agree that any cause of action you may bring arising under your use of the Network Web Site or any product purchased by you through the Network Web Site shall be brought by you exclusively in a state or federal court located in Newport Beach, California.
19. Other General Provisions
These Terms and Conditions are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms and Conditions, and all writings and Web pages incorporated by reference into these Terms and Conditions, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
20. How to Contact Us
Epic Connection
26861 Trabuco Road
Suite E229
Mission Viejo, CA 92691
Telephone: 949-629-1248