1. Copyrighted Information and Copyright Agent. Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the “Materials”) contained on any page within this Site are copyrighted by Open Sky or a third party (hereinafter collectively referred to as the “Copyright Holder”). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of Open Sky. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Open Sky, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder’s intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. OPEN SKY MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME. Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of Open Sky is strictly prohibited. Open Sky respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Open Sky Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
3560 Kraft Road
Naple, FL 34105
2. Notice With Regard to Documents on this Site. Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the “Documents”) is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND OPEN SKY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. OPEN SKY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. OPEN SKY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. OPEN SKY RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. Open Sky MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. GULFSHORE MEDIA IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER GOPEN SKY NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST GULFSHORE MEDIA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Sites. Any other web sites that are accessible via any link on this Site are not under the control of Open Sky. Open Sky is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Open Sky provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply the our endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
7. References to Products or Services. Information published by Open Sky on the Site may contain references or cross references Open Sky products or services that are not announced or available in your country. Such references do not imply that Open Sky intends to announce such products or services in your country. Please contact Open Sky for information regarding the products and services that may be available to you.
8. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential Open Sky shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Open Sky shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other Open Sky publications, and developing, manufacturing, and marketing products using such information. Open Sky shall have no obligation to compensate the contributor of such information in any manner.
9. Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any Open Sky products or Open Sky services offered on or accessed via the Site, shall (i) be governed by Florida State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Florida and you hereby submit to the jurisdiction of said courts.
10. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Open Sky shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
11. Trademarks. Titles are registered trademarks or service marks of Open Sky, LLC. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of Open Sky or other trademark owners.
12. Indemnification. You agree to defend, indemnify, and hold harmless Open Sky, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions, including without limitation, the supplemental terms and conditions for e-Recruiter”. Open Sky shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
13. Supplemental Terms. Supplemental Terms and Conditions for Prospective Employees: Terms for Job Seekers Terms for Employers
14. Termination. Open Sky may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, Open Sky shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which Open Sky, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 9, 12 and this Section 14 shall survive any termination of this agreement.