Terms and Conditions of Use
Conditions of Use
By using our web site at http://www.EngineeringJobFuture.com (the "Web Site"), you agree to the following terms.
Copyright and Proprietary Rights
The Web Site is the property of Donald S. Wilde dba Engineering Job Future (the "Owner") and is protected by United States and international law. All copyrights, trademarks, and other proprietary rights in the Web Site, and in the software, text, graphics, design elements, audio, music and all other materials originated or used by the Owner on or in connection with the Web Site (the "Materials") are reserved to the Owner and his licensors. No portion of the Web Site or other Materials shall be used in any form of commercial exploitation, including, but not limited to, commercial, print, electronic or broadcasting media, and no subscriber or user shall publish or distribute the Web Site or any Materials as its own.
Other Web Sites
You may not reproduce, upload, post, transmit, download or distribute any part of the Materials or any other data accessed at other sites through links made at the Web Site ("Other Web Sites"), other than for uses permitted by written agreement with the Owner. The Owner does not control other Web Sites and is not responsible for their content. Requests for permission to reproduce, upload, transmit, download or distribute any part of the information found at the Web Site should be sent to dwilde1@gmail.com, and shall be deemed to be refused unless and until the Owner grants the same by a printed letter signed by the Owner.
Linking
You are free to establish a hypertext link to the home page or internal pages of the Web Site, so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by the Web Site or the Owner. However, without the prior written permission of the Owner, you may not frame or copy any portion of the Web Site or other Materials, nor incorporate into another web site or other services any data, information or intellectual property of the Owner, his licensees or his licensors. Requests for permission to frame our materials may be sent to us at the addresses stated below in "Contact Us."
Privacy Policies
Our Privacy Policies (as of the most recent effective date) (the "Privacy Policies") are incorporated into these Terms and Conditions by reference and provide additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policies may be changed from time to time. When we make changes to the Privacy Policies, we will notify you of the changes by posting the revised version on the Web Site. Continued use of the Web Site after we post revised Privacy Policies constitutes your acceptance of the revised Privacy Policies. If you do not agree with the amended Privacy Policies, you may not continue to access or use the Web Site. Any other guidelines or rules posted on the Web Site by the Owner applicable to any individual use of this Web Site will form part of these Terms and Conditions.
Profiles
The Owner believes that statistical profiles ("Profiles") consisting of data related to practice patterns and philosophy derived from the choices made by users as they work through the interactive exercises have value to other individuals and organizations. The Owner may periodically prepare such Profiles. To maintain the anonymity of individual users, Profiles will be prepared using aggregated data and results may be incorporated into future modules of the Web Site, or may be provided to other individuals or organizations.
User Content
Certain areas of the Web Site will permit you to send materials, information and other submissions. The Owner values your feedback on the Web Site, and to help us better understand your remarks, the Owner requests that you be as specific as possible in your comments on the Web Site. Upon submission, all content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policies (collectively, the "User Content"), submitted by you to the Web Site or otherwise posted on the Web Site shall be deemed to be, and shall remain, the property of the Owner. You shall be deemed to have irrevocably and assigned in perpetuity to the Owner free of charge all of your worldwide right, title and interest in and to such User Content, and waived any "moral" or author's rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, the Owner shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to the Owner, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. Except as set forth in the Privacy Policies, none of the User Content shall be subject to any obligation of confidence on the part of the Owner, and the Owner shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, the Owner may, but is not obligated to, use and publish the User Content at this Web Site or elsewhere for purposes that include without limitation new or enhanced products or services, marketing and public relations.
You are responsible for all User Content you post. THE OWNER HAS NO RESPONSIBILITY FOR ANY USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. The Owner does not and cannot review every submission by users and is not responsible for, nor does he endorse the content of such submissions. However, the Owner retains the right, but not the obligation, to review, edit or delete any User Content which the Owner deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policies.
Payments for Fees, Reversals, Chargebacks, Indemnity
You are responsible for paying all fees and applicable taxes associated with our Web Site and services in accordance with these Terms and Conditions and any terms associated with the payment method(s) you choose, including, but not limited to, PayPal ("Vendor Terms"). If you fail to make applicable payments or comply with Vendor Terms, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and/or deducting the amount owed from your PayPal account balance. We may also close, suspend or limit your access to the Web Site or refuse to provide to you any services hereunder in the future.
You shall be responsible for all reversals, chargebacks, claims, fees, fines, penalties and other losses and expenses incurred by the Owner caused by or arising out of your use of the payment methods hereunder. You agree to indemnify and hold harmless the Owner and affiliates from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees, which the Owner may incur in connection with any breach of these Terms and Conditions or any Vendor Terms.
User Code of Conduct
The Web Site is provided by the Owner and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any Materials you enter on this Web Site and the use of this Web Site. As a User of this Web Site, you agree that you shall not:
- Use this Web Site in such a way as to offend or interfere with the use by anyone else of this Web Site;
- Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Web Site that:
- are defamatory, libelous or inaccurate,
- are abusive or threatening towards or invade the privacy of any third party,
- which are offensive, obscene or pornographic,
- infringe the intellectual property rights, including copyrights, of any third party,
- violate any law or regulation
- advocate illegal activity
- advertise or otherwise solicit funds or are a solicitation for goods or services, or
- are treated as confidential under any contract or policy;
- Attempt to circumvent the security systems of this Web Site;
- Attempt to gain access to any other user's accounts;
- Attempt to harvest or otherwise collect information about other users without their consent;
- Attempt to use this Web Site for any purposes other than those intended by the Owner;
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or
- Provide false, inaccurate or misleading information or make payments hereunder with what we reasonably believe to be fraudulent information or funds.
In the event of occurrence of any of the above, we may close your account, suspend or limit your access to the Web Site, or refuse to provide to you any services.
Disclaimers
The Web Site is intended to heighten awareness of information concerning opportunity, learning, productivity, and emotional well-being, but does not suggest diagnosis or treatment of any mental or physical disorder. This information is not a substitute for medical/psychiatric attention. See your healthcare professional for medical or psychological advice.
Any answers to questions provided on this Web Site should not be misconstrued as legal, medical, or psychiatric advice. The answers do not take into account any individual's legal situation, economic situation, mental health, medical situation, or personal situation. They are informational and do not define a standard of care, nor are they intended to dictate an exclusive course of management. If you or any other individual is seeking medical or psychological advice, you or that person must be seen by a qualified lawyer, physician or mental health professional.
THE USE OF THIS WEB SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE OWNER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, CORRECTNESS, COMPLETENESS, OR TITLE.
Limitation of Liability
THE OWNER DISCLAIMS ANY LIABILITY TO ANY PERSON OR ENTITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF THE WEB SITE OR ANY MATERIALS. NEITHER THE OWNER NOR ANY OF HIS SUBSIDIARIES OR AFFILIATE ENTITIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, OR SUBCONTRACTORS AND ANY THIRD PARTY PROVIDERS, LICENSORS OR SOURCES OF INFORMATION OR DATA SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY FROM THE MATERIALS OR THE INFORMATION CONTAINED IN OR ASSOCIATED WITH THIS WEB SITE OR ANY INFORMATION TRANSMITTED VIA THIS WEB SITE. THE OWNER IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY BE CAUSED TO ANY EQUIPMENT AND OTHER SOFTWARE DUE TO ANY VIRUSES, DEFECTS OR MALFUNCTIONS IN CONNECTION WITH ACCESS OR USE OF THIS WEB SITE.
Indemnity
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD THE OWNER HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH THE OWNER MAY INCUR IN CONNECTION WITH ANY CLAIM ALLEGING, ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS; (II) YOUR USE OF THIS WEB SITE OR YOUR SUBMISSION OF USER CONTENT; AND/OR (III) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH THE OWNER IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Revisions to these Terms and Conditions
The World Wide Web is an evolving medium. The Owner may amend these Terms and Conditions from time to time. By continuing to use this service following such changes, you agree to be bound by these Terms and Conditions, as modified. The Owner may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.
Miscellaneous
These Terms and Conditions have been made in, and shall be construed in accordance with the laws of, the State of Texas, without reference to its conflicts of laws principles. By using this service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Hays County, Texas, U.S.A., in all disputes arising out of or relating to these Terms and Conditions or use of the Web Site.
Contact Us
We welcome your feedback. If you have questions or comments about our policies or procedures, feel free to send inquiries to dwilde1@gmail.com. Alternately, contact us at:
Engineering Job Future
141 Pasture Cove
Kyle, TX 78640-5536
Telephone: (512) 394-8896
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