1.  ACCEPTANCE.
Welcome to www.lexacount.com (the “Site,” “site,” or “Website”). This page (“Notice” or “Agreement”) states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. Further, your continued access and use of the Website will amount to acceptance of these Terms of Use. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Lexacount LLC d/b/a Lexacount Search, its affiliates, and its subsidiaries (“Lexacount Search”) reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.

2.  ELIGIBILITY.

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.

3.  LICENSE.

Lexacount Search grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of Lexacount Search or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, print, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Lexacount Search’s prior written consent.

All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of Lexacount Search and their respective owners. You shall not use the Marks in any manner without Lexacount Search’s and their respective owners’ prior written consent.

4.  USER SUBMISSIONS.

The Site provides a forum for you to obtain employment and career information. By submitting or entering your information to the Site (“Submitted Material”), you agree that you grant Lexacount Search a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.

You acknowledge and accept that Lexacount Search is only a passive forum for users to obtain employment and career information. Lexacount Search does not screen or monitor any Submitted Materials. Lexacount Search, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Lexacount Search reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Lexacount Search considers to be unacceptable. In the event Lexacount Search receives notification regarding any unacceptable Submitted Materials, Lexacount Search may investigate such materials, in its sole discretion.

You acknowledge and agree that Lexacount Search may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if Lexacount Search believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of Lexacount Search; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Lexcount Search’s claim under this Notice; and (vi) satisfy any claims regarding violations of third party’s rights.

5.  GENERAL PROHIBITION.

In connection with your Use, you agree NOT to:

a.  violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;

b.  infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;

c.  collect or use data collected from the Website to contact individuals, companies or other persons or entities outside of Lexacount Search;

d.  upload, post, transmit, or store any material that:

1.  is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, libelous, slanderous, maliciously false, or objectionable;

2.  breaches any of your contractual or confidentiality obligations;

3.  disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or

4.  are not permitted by Lexacount Search, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;

e.  violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;

f.  breach or attempt to breach any security measures of the Site;

g.  use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Lexacount Search’s prior written consent;

h.  access or attempt to access any account or login of any third party listed on the Site;

i.  copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;

j.  post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;

k.  impersonate any person or entity;

l.  forge any header information in any electronic posting or mail; or

m.  misrepresent yourself, your affiliation with any third party, or your entity.

Further, we reserve the right to bar or terminate you as a User from the Website and/or specific web pages, on a permanent or temporary basis at our discretion, which may result in the forfeiture and destruction of all information associated with you.  Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.  All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6.  SPECIFIC USAGE AND RESPONSIBILITIES.

The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, employment, or other, decisions. You should take your own advice and/or make specific inquiries and independently verify any information before relying upon it. Moreover, if you make an arrangement with anyone named in or connected with the Website this is at your sole risk. Therefore, in addition to the general responsibilities listed in Section 5, you agree to comply with the following terms.

You further agree to:

a.  use the Site only for lawful purposes in searching for employment opportunities and career information;

b.  provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;

c.  post materials for which you have all the necessary rights or licenses;

d.  use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Site;

e.  the following:  that, in having used the Website, in using the Website, and going forward, whether using the Website or not, neither you nor any of your Affiliates or Associates will, and you will cause each of your Affiliates and Associates not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward Lexacount Search or any of its directors, officers, Affiliates, subsidiaries, employees, agents, contractors, sub-contractors, or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes, or otherwise involves any confidential or proprietary information of Lexacount Search or its subsidiaries or Affiliates, or to malign, harm, disparage, defame or damage the reputation or good name of Lexacount Search, its business, or any of the Company Representatives; and

f.  bear the risks of any reliance or use of any Materials or any information provided by any third party.

7.  ACCOUNT AND PASSWORD.

The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Lexacount Search if there is any unauthorized use of your account or any breach of security.

8.  EMPLOYMENT.

You understand and agree that Lexacount Search (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.

9.  LINKS TO THIRD PARTY.

The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by Lexacount Search. Lexacount Search shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Lexacount Search and the owner of the Linked Sites or any endorsement or sponsorship by Lexacount Search of the Linked Sites. Lexacount Search includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.

10.  PRIVACY.

Please click here for more details regarding our Website Privacy Policy.

11.  INDEMNIFICATION.

You agree to indemnify, defend, and hold Lexacount Search, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.

12.  DISCLAIMER.

YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (B) LEXACOUNT SEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) LEXACOUNT SEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.

13.  LIABILITY AND LIMITATIONS OF LIABILITY.

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE LEXACOUNT SEARCH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT LEXACOUNT SEARCH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF LEXACOUNT SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, LEXACOUNT SEARCH’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $1.

14.  TERMINATION.

Lexacount Search has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Lexacount Search may also terminate your access to any part or all of the services provided by Lexacount Search on the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the Site. Lexacount Search shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.

15.  ADDITIONAL LIABILITIES AND LIMITATIONS OF LIABILITY.

Notwithstanding any of the foregoing, in no event shall Lexacount Search or any of its agents, employees, contractors, or sub-contractors be liable to you for any death or personal injury caused by any Lexacount Search negligence; fraud or fraudulent misrepresentation; the tort of deceit; any indirect or consequential loss or damage including, without limitation, any; loss of actual or anticipated profits (including loss of profits on contracts); loss of revenue; loss of business; loss of opportunity; loss of anticipated savings; loss of good will; loss of reputation; loss or damage to or corruption of data; loss of use of money or otherwise; and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.

16.  COPYRIGHT NOTICE.

Copyright © 2011 Lexacount LLC d/b/a Lexacount Search.  Subject to the express provisions of these terms and conditions:  (a) Lexacount Search, together with our licensors, own and control all the copyright and other intellectual property rights in the Website and the material on the Website; and (b) all the copyright and other intellectual property rights in the Website and the material on the Website are reserved.

17.  GENERAL.

You agree that there is no employment, partnership, agency, or joint venture relationship between you and Lexacount Search arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and Lexacount Search governing your Use of the Site and is additional to any binding agreement between you and Lexacount Search. You may not assign or transfer your rights, if any, under this Agreement. This Notice is governed by the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to any principles of conflict of laws. Lexacount Search does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. All sections of this Notice, with specific reference to sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, shall survive any termination of this Notice for any reason(s).

Last updated: January 1, 2011.

If you need more information regarding the Site or this Notice, please contact:

Email Address
info@lexacount.com