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Terms and Conditions of ENRGĒ Membership
TERMS AND CONDITIONS (SERVICE AGREEMENT)
This section states the “Terms and Conditions” under which you may use this ENRGĒ web site. Please read it carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and its related service(s). By using this web site, you are indicating your acceptance to be bound by these terms and conditions.
User Agreement for ENRGĒ™ Service
This User Agreement (“Agreement” or “User Agreement”) is a contract between you and ENRGĒ and applies to your use of ENRGĒ’s service(s) (collectively the “Service”). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement for your reference. In this Agreement, “you,” “your,” or “user” means any person or entity using the Service. Unless otherwise stated, “we” or “our” will refer collectively to ENRGĒ and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
ENRGĒ may revise these Terms and Conditions at any time by updating this posting. Visit this page and section periodically to review the Terms and Conditions, because they are binding on you.
Changes to Service
The services provided by ENRGĒ may change from time to time. ENRGĒ reserves the right to change any service offered or the features of any service offered or its service without notice.
You further agree that this User Agreement forms a legally binding contract between you and ENRGĒ, and that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. Any rights not expressly granted herein are reserved by ENRGĒ. This Agreement is subject to change by ENRGĒ without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the ENRGĒ website. Descriptions of material amendments to this Agreement will be posted in our “Policy Updates” section on the ENRGĒ website.
Your Responsibilities:
Registration Information
You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, ENRGĒ has the right to terminate your use of the Service.
Eligibility
In order to use the Service, you must register as a retired employee (or be within 12 months of a scheduled retirement date) of a United States of America Federal, State or local (county, city, town, village) government entity or a related government Board or Commission.
To use the Service as an employer, you must register, pay a fee and be from the United States or one of the following countries: Argentina – Australia – Anguilla – Belgium – Brazil – Canada –Chile – China – Costa Rica – Denmark – Dominican Republic – Finland – France – Germany – Greece – Hong Kong – Iceland – India – Israel – Italy – Jamaica – Luxembourg – Mexico – Netherlands – New Zealand – Norway – Portugal – Singapore – South Korea – Spain – Sweden – Switzerland – Taiwan – United Kingdom
All membership fees are set forth in the registration schedule. All fees are made in U.S. dollars and will be subject to exchange rates.
Prohibited Website Activity
You agree that you will not use the Service, the ENRGĒ website or any of the services offered therein for any fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement. If ENRGĒ has reason to believe that you have or may be violating this condition, your access to the Service may be suspended or terminated. You will cooperate fully with ENRGĒ to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized ENRGĒ representative “guest” or “member” access to any password-protected portions of your website.
Communications and Notices
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your membership and/or your use of the Service, may be provided to you electronically and you agree to receive all communications and notices from ENRGĒ in electronic form. Electronic communications and notices may be posted on the pages within the ENRGĒ website and/or delivered to your e-mail address. You may print a copy of all communications and notices and retain it for your records. All communications and notices in either electronic or paper form will be considered to be in “writing,” and to have been received no later than five (5) business days of posting or dissemination, whether or not you have received or retrieved the communication or notice. ENRGĒ reserves the right but assumes no obligation to provide communications in paper format. Your consent to receive communications and notices electronically is valid until your revoke your consent by notifying ENRGĒ of your decision to do so by contacting us by mail. If you revoke your consent to receive communications and notices electronically, ENRGĒ will terminate your right to use the Service.
Correct Email
ENRGĒ reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current. You must have access to the Internet and to a current functional email address. Although we will take reasonable steps to contact you based on information that you have provided us, ENRGĒ will not be liable for any undelivered email communications, notices or any costs you incur for maintaining Internet access and an email account. You have an AFFIRMATIVE OBLIGATION to provide ENRGĒ with a correct and operational email address, and to notify ENRGĒ promptly as to any changes or cancellations of any and all email addresses you provide ENRGĒ. Failure to provide us with a current, working, functional, email address, and/or failure to update ENRGĒ in a change or cancellation of your email address, or if ENRGĒ has reason to believe that either has occurred may affect your right to use the Service.
Passwords
You may not reveal your membership password to anyone else, nor may you use anyone else’s password. ENRGĒ is not responsible for losses incurred by users as the result of their misuse of passwords.
Assignment
You may not transfer any rights or obligations you may have under this Agreement without our prior written consent. ENRGĒ reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
Indemnification
You agree to indemnify and hold ENRGĒ, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Service.
Choice of Law
This Agreement is governed by and interpreted under the laws of the state of Massachusetts, U.S. as such laws are applied to agreements entered into and to be performed entirely within Massachusetts by Massachusetts residents.
Membership
You must complete the membership registration process before you are permitted to submit a resume or business interest posting. For employer members, an additional fee transaction process is required to establish your membership with ENRGĒ. Required fields are highlighted in red.
Lawful Use
ENRGĒ's web site and services may only be used for lawful purposes and in a manner that ENRGĒ believes to be consistent with the rights of other ENRGĒ members and third parties. While ENRGĒ is not responsible for the content of resumes in its web site database, ENRGĒ’s services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.
Resume and other business interest posting.
The data contained within this website and its associated pages are presented solely with the intent of providing employment resumes or other similar “for hire” or “for business” profiles created and posted by third-party individuals. ENRGĒ does not endorse or imply endorsement of the individual(s), or the data submitted.
ENRGĒ services shall only be used as permitted by applicable local, state, and federal laws. Member will respect the conventions of the network and refrain from any actions construed to be negligent or malicious. Knowingly sending email containing viruses or other malicious or damaging software is prohibited. Member agrees to run appropriate anti-virus software to remove such damaging software from their computers. Posting which contain referrals or links to other sites is prohibited. Posting which contain material that is grossly offensive to the ENRGĒ community, including clear expressions of bigotry, racism, or hatred are prohibited. Posting that exploit the images of children under 18 years of age are prohibited. Posting which contain material that defames, abuses or threatens others is prohibited. Commercial advertisements shall be posted only where appropriate, and in venues that specifically encourage or allow advertising.
ENRGĒ acts as a passive conduit for the online publication of retiree submitted data and is not responsible for screening or monitoring materials posted.
By submitting content, you grant ENRGĒ royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public or to incorporate it in other works in any form, media, or technology. You also warrant that any other 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 said license stated above. You also permit any employer-member to access, display, view, store and reproduce such content for business use.
Employer Membership Service
Services offered by this web site are limited in nature. ENRGĒ offers, as its sole service, view-only access to its dynamically evolving database of resumes and other business interest postings as and when submitted by retired government employees. ENRGĒ does not guarantee that database access, search, or any resulting action will result in employment or business activity. Membership lasts for the term provided – eighteen (18) months for charter membership and thirteen (13) months for membership renewals.
Membership Fee Transaction
ENRGĒ’s current employer registration fee(s) is for view-only access to its web site database, once or more, during a specific period of time. A member must pay a fee per ENRGĒ's fee schedule as a condition to obtaining access to ENRGĒ's database. A member also must pay any sales, use or like taxes. If the payment is by check or money order and is returned for "insufficient funds", the member's account will be charged a $25.00 processing fee. Be advised, once you have received acknowledgement of payment, you will be granted immediate access to this ENRGĒ database via specific password access.
By submitting a fee payment you agree, without qualification or limitation, to be bound by, and to comply with, the terms and conditions of this Agreement, the policies stated herein and in any other posted guidelines, and all documents incorporated by reference.
Currently, employer charter membership commences the date fee payment is acknowledged and ends eighteen (18) months later at 11:59 p.m. on the eve of commencement date.
New services may be added and/or existing Service change and fee(s) and/or membership periods may also change in the future, but no changes will be made without first notifying you. While accounts are cancelable within the first five (5) days after payment, the fee is fully earned and non-refundable once the ENRGĒ database has been accessed.
Membership Fee Processing
PayPal, our third party payment processor, shall make reasonable efforts to ensure that fee payment processing occurs in a timely manner. However, a number of factors, several of which are outside of PayPal’s control, will contribute to when funds are accessed. PayPal makes no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system of the U.S. or international services, nor shall PayPal be liable for any actual or consequential damages arising from any claim or delay.
In no event shall ENRGĒ be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special incidental, consequential or punitive damages whatsoever (including, but not limited to, damages, for lost profits, disclosure or confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the ENRGĒ website, even if ENRGĒ has been advised of the possibility of such damages. In no event shall ENRGĒ be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Termination and Suspension
Either member or ENRGĒ may, at its sole discretion, terminate the member's account at any time with or without reason. ENRGĒ also may, at its sole discretion, suspend a member's account at any time with or without reason. Membership fee will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES EARNED
Intellectual Property Rights
All material contained on this site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law. Unauthorized use of any material contained on this site may violate copyright laws, trademarks laws, the laws of privacy and publicity, and other regulations and statues. Be aware, Zavala, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
All names, logos, service marks, and icons identifying ENRGĒ and its services are proprietary marks of Zavala Inc, and any use of such marks (copied, imitated or used, in whole or in part) without the express written permission of Zavala, Inc. is strictly prohibited. “ENRGĒ,” “America’s Fountain of Use,” and “Maturity – The Competitive Advantage” are service marks of Zavala, Inc. Patent pending, ® 2001 All rights reserved. Other products, services, and company names mentioned herein may be legal trademarks of their respective owners.
You have no property right in your Login or Password identification.
Limitations of Use
This website and the information and data available through it are the property of ENRGĒ and is protected by copyright and other intellectual property laws. By using this site, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, print or circulate any of the information received through this web site to anyone without the expressed prior written consent of ENRGĒ, and to accept charges for the purchase of Services. This Web Site, and any of its data, listings, or other constituent elements may not be downloaded, republished, resold, or duplicated in whole or in part, for commercial purposes or for purposes of compiling mailing lists or any other lists. All information presented in this web site is intended for your sole commercial use. ENRGĒ reserves the right to limit, restrict, or terminate access to this web site at our discretion without notice. ENRGĒ cannot and does not warrant the accuracy, completeness, timeliness, correctness, or fitness for a particular purpose of the information or individuals viewed through this web site, or the site itself. ENRGĒ shall not be liable to you or anyone else for any loss or injury caused in whole or in part by its negligence or contingencies beyond its control in compiling, interpreting, or delivering this web site or any information through this web site. In no event shall ENRGĒ be liable to you or anyone else for any decision made or action taken by you in reliance of such information or for any incidental, consequential, special or similar damages even if advised of the possibility of such damages. The above warranties are the only warranties of any kind either expressed or implied including warranties of merchantability or fitness for any particular purpose. ENRGĒ does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general.
No Warranty; Limitation of Liability
USE OF ENRGĒ'S SERVICES AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. ENRGĒ DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT ENRGĒ'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES ENRGĒ MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. ENRGĒ'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL ENRGĒ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. ENRGĒ WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF ENRGĒ'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH ENRGĒ'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR EMAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF ENRGĒ TO ANY MEMBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO ENRGĒ'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE MEMBER OR USER TO ENRGĒ DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY MEMBER.
Indemnity
Member agrees to indemnify and hold harmless ENRGĒ, its directors, officers, shareholders, agents, employees and its other members from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of member's account whether or not authorized.
Non-Transferability
Member's account and right to use ENRGĒ's services and system is not transferable without ENRGĒ's consent. Member agrees to protect its password and account and to keep them secure from unauthorized users and use.
Confidentiality
ENRGĒ treats Email messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits ENRGĒ limited ability to disclose electronic messages, including, for example (i) as necessary to operate the system or protect ENRGĒ's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where ENRGĒ receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of ENRGĒ's system. In addition, although ENRGĒ has implemented certain security measures, ENRGĒ cannot guaranty that its system or stored data of a member will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Interpretation
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter, except that a written agreement, specific to a member, signed by an authorized officer or representative of ENRGĒ, shall control the terms and conditions of service to be provided to that member. A waiver or modification of these Terms of Service shall only be effective if in writing signed by an authorized officer or representative of ENRGĒ. These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
Privacy Policy
ENRGĒ is committed to ensuring the privacy of our customers. ENRGĒ honors the confidentiality of its member’s private communications and does not read or disclose private communications except to comply with a valid legal process such as a search warrant, subpoena or court order, to protect the company's rights and property, or during emergencies when we believe physical safety is at risk.
We do not use any information about the pages that you visit on ENRGĒ, and we do not give it to others. Our system automatically gathers information about the areas you visit on our web site. This information only indicates that an ENRGĒ user (or anyone else in the world) visited and read specific files. It does not contain any information on the identity of the visitor. This information is supplied to the ENRGĒ administrator so we can determine the volume of traffic that their site is generating.
We do not collect any information about where you go on the Internet or what 'Net services you use. We encourage you to review the privacy policies of Web sites before providing them with any of your personal information.
We do not give out your name, address, telephone number, credit card information or any other personal information, unless you authorize us to do so.
ENRGĒ, in its efforts to honor your privacy has elected to utilize the services of PAYPAL for all credit card transactions so as to completely separate itself from any knowledge of your credit card information.
And we give you the opportunity to correct your personal contact and billing information at any time via on-line accounting.
We will release specific information about your account only to comply with valid legal processes such as a search warrant, subpoena or court order, or in special cases such as a physical threat to you or others.
We use secure technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information.
Only authorized ENRGĒ employees are permitted to have access to your personal information and such access is limited by need.
While we are committed to protecting the privacy of our customers, it may become necessary for ENRGĒ employees to examine system accounting logs and other records to resolve system problems. ENRGĒ reserves the right to access an account's mailbox to resolve system problems or mail system errors. In addition, ENRGĒ will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, newsgroup postings or email containing threats of violence, or other illegal activity.
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