TERMS OF USE
Overview
This page states the Terms of Use ("Terms") under which You (as defined below) may use www.Programming-Minds.com ("Programming-Minds.com"). Programming-Minds.com also allows Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public. Please read these Terms carefully. If You do not accept the Terms stated here, do not use Programming-Minds.com and its services. By using Programming-Minds.com, You agree to be bound by these Terms. Programming Minds, Inc. ("Programming Minds") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing Programming-Minds.com for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any Programming Minds Site (as defined below).
1. Eligibility.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use Programming-Minds.com in any manner. By visiting Programming-Minds.com or accepting these Terms, You represent and warrant to Programming Minds that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Programming Minds that You will use Programming-Minds.com in a manner consistent with any and all applicable laws and regulations.
2. Use of Programming Minds Content.
Programming Minds authorizes You to view and access a single copy of the content available on or from Programming-Minds.com solely for your personal use. The contents of Programming-Minds.com, such as text, graphics, images, logos, button icons, software and other Programming Minds content (collectively, "Programming Minds Content"), are protected under both United States and foreign copyright, trademark and other laws. All Programming Minds Content is the property of Programming Minds or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Programming Minds Sites is the exclusive property of Programming Minds and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Programming Minds Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Programming Minds Content on any authorized copy You make of the Programming Minds Content. You agree not to sell or modify the Programming Minds Content or reproduce, display, publicly perform, distribute, or otherwise use the Programming Minds Content in any way for any public or commercial purpose, in connection with products or services that are not those of Programming-Minds.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Programming Minds or its licensors, that dilutes the strength of Programming Minds's or its licensor’s property, or that otherwise infringes Programming Minds's or its licensor’s intellectual property rights. You further agree to in no other way misuse Programming Minds Content that appears on this Site. The use of the Programming Minds Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Programming Minds creates to generate or display any Programming Minds Content or the pages making up any Programming Minds Site is also protected by Programming Minds's copyright and you may not copy or adapt such code.
3. Programming Minds Site Restrictions.
Users may not use any Programming Minds Site in order to transmit, post, distribute, store or destroy material, including without limitation, Programming Minds Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the 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 defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of any Programming Minds Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Programming Minds Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Programming Minds will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. This site is a public site with free access. Programming-Minds.com assumes no liablity for the quality and genuineness of the ads posted by Employers/Agencies/Recruiters. Programming-Minds.com cannot monitor the responses a person may receive from an Employer/Agencies/Recruiters. The individual/company would have to conduct its own back ground checks, do a due diligence on the bonfaide nature of all response. Programming-Minds.com will not be liable on account for any inaccuracy of information on this website. It is the responsibility of the visitor to further research the information on this site. Programming-Minds.com shall not be liable for any loss or damage sustained for any reason. Programming-Minds.com offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume/ insertion or information/data is fed by the user. Programming-Minds.com neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user. Programming-Minds.com would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions. Programming-Minds.com reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities. It shall be sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of Programming-Minds.com by the user, for going out of station or in station for any job or interview. Programming-Minds.com assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ date being fed into the network system of Programming-Minds.com. Uploading of multiple resumes beyond a reasonable limit by the same individual, using the same or different accounts shall entitle Programming-Minds.com to remove the Resumes without notice to the subscriber. This service is only meant for candidates looking for suitable jobs. Any usage with commercial intent is prohibited. Programming-Minds.comreserves its right to reject and delete any resume/ insertion or information/data fed in by the user without assigning any reason. This free service entitles the user alone i.e the same person, to add modify or change the data/information fed in by him but does not entitle him to use the free service to feed fresh insertion or information/data /resume of another person in place of the insertion or information/data already fed in by such user. Programming-Minds.com has the right to make all such modifications/editing of resume in order to fit resume in its database. The subscriber shall be assigned a password(s)to enable the subscriber to access all the information received through Programming-Minds.com, but the sole responsibility of the safe custody of the password shall be that of the subscriber and Programming-Minds.com shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Programming-Minds.com undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber. It shall be the sole responsibility of the user to ensure that it uses the privacy setting options as it deems fit to debar / refuse access of the data fed by it, to such corporate entities individuals or consultants. Programming-Minds.com shall not be responsible for such insertions / data being accessed by its subscribers or users whose access has not been specifically blocked /debarred by the user while using the privacy settings. Although Programming-Minds.com will make all possible efforts to adhere to these privacy settings, it will not be responsible for a resume being seen by a blocked user for any reason. For best privacy settings it is recommended that you do not allow your resume to be searched at all. The user represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Terms or to install and use the services subscribed and purchased with minimal risk of harm to you or others. You further represent that you are not purchasing the products/services for resale to others and will not do so without Programming-Minds.com's prior written consent. All changes / modifications made by the user to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made. On registration you agree to: a) Making your resume searchable to paying clients of Programming-Minds.com who subscribe to the Resume Database Access. You may be contacted by subscribers of the Resume Database via email, telephone and/or post. If you wish to modify this setting and make yourself non-searchable, you may reset this in the Privacy Setting section of your resume. We recommend that you read the privacy settings carefully and Programming-Minds.com will not be held responsible for contacts/mails received by you. b) Receive job alerts (mails detailing jobs that match your profile as entered on Programming-Minds.com) via email. You may remove yourself from the job alert email database by resetting this option in the Privacy Setting section of your resume c) Receive promotional mailers/ special offers. You may remove yourself from the promotional mailer email database by resetting this option on the Privacy Setting section of your resume. The user agreement between a user/subscriber and Programming-Minds.com will be treated as having been terminated in the following events: ( i ) On completion of the term for which the user/subscriber engages the services of the website; or ( ii ) In case the user/subscriber violates any of the conditions of this agreement or any other agreement entered into by him with Programming-Minds.com, however, such termination will be at the option and discretion of Programming-Minds.com; or ( iii )On writing and on such terms as agreed to by the parties mutually. The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.
4. Specific Prohibited Uses.
The job posting, CV database (“Programming Minds CV Database”) and other features of Programming-Minds.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Programming Minds Networking and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals. Programming Minds specifically prohibits any other use of Programming-Minds.com, and all Users agree not to do any of the following: (a) post any jobs on any Programming Minds Site for any competitor of Programming Minds or post jobs or other content that contains links to any site competitive with Programming Minds; (b) post jobs or content on any Programming Minds Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any Programming Minds Site; (d) use any Programming Minds CV Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Programming Minds CV Database to sell or promote any products or services; (e) use Programming Minds Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any Programming Minds Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any Programming Minds Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any Programming Minds Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any Programming Minds Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, 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 any Programming Minds Site other than the search engine and search agents available from Programming Minds on such Programming Minds Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Programming Minds Site; (m) aggregate, copy or duplicate in any manner any of the Programming Minds Content or information available from any Programming Minds Site, without express written consent from Programming Minds; or (n) frame or link to any Programming Minds Content or information available from any Programming Minds Site. Programming Minds specifically prohibits users who post jobs, from posting jobs that are not authentic or misleading. Programming Minds prohibits users from collecting any payment or bank information from job seekers. Users of this site are advised to not give their bank details to any employer or agency, or make any payments to any employer or agency. Programming Minds does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us using the contact us form on Programming-Minds.com. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Programming Minds may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Programming Minds has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information.
When You register with any Programming Minds Site, You will be asked to create a Programming Minds Account or other account and provide Programming Minds with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Programming Minds's Privacy Statement. Programming Minds reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by Programming Minds or by third parties. Please see Programming Minds's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms, Programming Minds does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Programming-Minds.com or any other Programming Minds Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. You understand and acknowledge that you have no ownership rights in your MyProgramming Minds Account, and that if you cancel your Programming Minds Account, or if your Programming Minds account is termnated for any reason whatsoever, all your account information from Programming Minds, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Programming Minds's databases and will be removed from any public area of the Programming Minds Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Programming Minds’s web servers. In addition, third parties may retain cached copies of your Information.
6. User Content and Submissions.
You are solely responsible for your Programming Minds Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Programming Minds Site or transmit to other Users. You agree that in submitting User Content or otherwise using any Programming Minds Site that you will not impersonate any person, or submit any materials to Programming Minds that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. By posting User Content to any public area of any Programming Minds Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to Programming Minds and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any Programming Minds Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Programming Minds Site retains any and all rights that may exist in such User Content. Programming Minds acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Programming Minds may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Programming Minds Site. Programming Minds reserves the right to expel Users and prevent their further access to the Programming Minds Sites and/or use of Programming Minds services for violating the Terms or applicable laws, rules or regulations. Programming Minds may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Programming Minds, damage Programming Minds’s brand or public image, or cause Programming Minds to lose (in whole or in part) the services of its ISPs or other suppliers. Programming Minds does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The following is a partial list of User Content that is prohibited on the Programming Minds Sites. The list below is for illustration only and is not a complete list of all prohibited User Content. Content that is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of any group or individual; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users. It is also a violation of the Terms, to include in any User Content submitted to Programming Minds that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs. In order to protect our Programming Minds Users from commercial advertising or solicitation, Programming Minds reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Programming Minds deems appropriate in its sole discretion. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Programming Minds may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Programming Minds has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and the Programming Minds Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Programming Minds. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Programming Minds shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your employer account, Programming Minds Account, Profile and passwords, as applicable, and your Billing Account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Programming-Minds.com registrations and passwords, whether or not authorized by You. You agree to immediately notify Programming Minds of any unauthorized use of your employer account, Programming Minds Account, Profile, passwords or Programming Minds Billing Account, as the case may be.
8. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Global Placements, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Programming-Minds.com, You agree not to use Programming-Minds.com to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Programming-Minds.com Users, and block access to Programming-Minds.com of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
9. Programming Minds's Liability.
Programming-Minds.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Programming Minds is not involved in the actual transaction between employers and candidates. As a result, Programming Minds has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Programming Minds makes no representations about any jobs, resumes or User Content on Programming-Minds.com. Programming Minds may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Programming Minds, damage Programming Minds’s brand or public image, or cause Programming Minds to lose (in whole or in part) the services of its ISPs or other suppliers. While Programming Minds reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Programming-Minds.com from time to time, Programming Minds does not assume any obligation to do so and disclaims any liability for failing to take any such action. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through Programming-Minds.com and/or the other Programming Minds Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Programming-Minds.com and/or the other Programming Minds Sites. Because User authentication on the Internet is difficult, Programming Minds cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Programming Minds Site, in the event that You have a dispute with one or more Users, You release Programming Minds, its officers, directors, agents and employees from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The Programming Minds Site and its content may contain inaccuracies or typographical errors. Programming Minds makes no representations about the accuracy, reliability, completeness, or timeliness of any Programming Minds Site or the content. The use of all Programming Minds Site and the Programming Minds content is at your own risk. Changes are periodically made to Programming Minds Site and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Programming Minds Site. Employers are solely responsible for their postings on Programming Minds Site. Programming Minds is not to be considered to be an employer with respect to your use of any Programming Minds Site and Programming Minds shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Programming Minds Site. Programming Minds cannot guarantee and does not promise any specific results from use of Programming-Minds.com or any Programming Minds Site. No advice or information, whether oral or written, obtained by a User from Programming Minds or through or from Programming-Minds.com or any other Programming Minds Site shall create any warranty not expressly stated herein.
10. Disclaimer of Warranty.
Global Placements, Inc. (Programming Minds) DOES NOT WARRANT THAT ANY Programming Minds SITE WILL OPERATE ERROR-FREE OR THAT ANY Programming Minds SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY Programming Minds SITE OR THE Programming Minds CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Programming Minds IS NOT RESPONSIBLE FOR THOSE COSTS. THE Programming Minds SITES AND Programming Minds CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Programming Minds, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Programming Minds MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Programming Minds CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
11. Disclaimer of Consequential Damages.
IN NO EVENT SHALL Global Placements, Inc. (Programming Minds), ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Programming Minds SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Programming Minds SITE AND THE Programming Minds CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Programming Minds IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability.
Global Placements, Inc.'s (Programming Minds) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Programming Minds SITE OR YOUR USE OF THE Programming Minds CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $5.
13. Links to Other Sites.
Programming-Minds.com contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Programming Minds of the contents on such third-party Web sites. Programming Minds is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
14. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Programming Minds Site.
15. Indemnity.
You agree to defend, indemnify, and hold harmless Programming Minds, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Programming Minds Site, (ii) your use of any Programming Minds Content, or (iii) your breach of the terms of these Terms. Programming Minds shall provide notice to You promptly of any such claim, suit, or proceeding.
16. General.
Programming Minds makes no claims that the Programming Minds Content may be lawfully viewed or accessed outside of the United States. Access to the Programming Minds Content may not be legal by certain persons or in certain countries. If You access a Programming-Minds.com or other U.S.-based Programming Minds Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Chicago, Illinois. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Programming Minds’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Programming Minds’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of Programming-Minds.com, a particular "Legal Notice," or software license or material on particular Programming-Minds.com pages, these Terms constitute the entire agreement between You and Programming Minds with respect to the use of Programming-Minds.com. No changes to these Terms shall be made except by a revised posting on this page. Use of the Resume Blast service does not guarantee employment, or offers of employment.
17. Additional Terms.
Certain areas of Programming-Minds.com and the other Programming Minds Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
18. Term and Termination.
These Terms will remain in full force and effect while You are a User of Programming-Minds.com at any level. Programming Minds reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Programming-Minds.com and immediate termination of your registration with or ability to access Programming-Minds.com and/or any other services provided to You by Programming Minds, upon any breach by You of these Terms or if Programming Minds is unable to verify or authenticate any information You submit to Programming-Minds.com or pursuant to other Programming Minds Site registration. Even after You are no longer a User of Programming-Minds.com, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8 through 17, inclusive. These Terms constitute a binding agreement between You and Programming Minds, and is accepted by You upon your use of the Programming Minds Site. You represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.