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WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT

ATTENTION: Please read this Web Site Terms and Conditions of Use Agreement (these “Terms”) carefully before using the Non-Equity Deputy.com (“Non-Equity Deputy”) Web site (the “Site”) or participating in the Site’s networking and other services (the Site services, including, but not limited to Message Boards, Profiles, e-mails, and ratings are collectively referred to as the “Services”). By going beyond the Site’s homepage or participating in the Services, you (hereinafter “You” or “User”) are deemed to have agreed to and accepted these Terms.   If You do not accept these Terms, do not use the Site or otherwise participate in the Services.

1. VENUE; NO REPRESENTATIONS OR WARRANTIES. User understands that Non-Equity Deputy is an Internet forum that facilitates communication between potential job seekers and job contacts and acts only as a venue for potential job contacts and job seekers to exchange information. Non-Equity Deputy does not screen any users utilizing the Services, verify any personal information supplied by any users of the Site, or involve itself with communications among users. Accordingly, User hereby acknowledges and agrees that Non-Equity Deputy makes no representations, guarantees or warranties (express or implied) as to: (A) the truth, accuracy, integrity, reliability, completeness or timeliness of any Profile data, messages, e-mails, communications, advice or other submissions by users of the Site, (B) the accuracy, reliability, completeness or timeliness of the Site or the Site Materials (as defined in Section 2), or (C) User obtaining any specific results from using the Site, including, without limitation, successfully securing a position of employment, obtaining an employee referral bonus or fee from User’s employer, or any other tangible or intangible results based upon use of the Services. User understands the risks associated with dealing with strangers or persons acting under false or deceptive pretenses, and User hereby solely assumes such risks.
2. SITE MATERIAL; COPYRIGHT AND PROPRIETARY RIGHTS. The Site, its contents, and its arrangement are (i) provided for User’s personal information and non-commercial use, (ii) the property of Non-Equity Deputy and (iii) protected by United States and international copyright and other intellectual property laws. All copyright, trademark, and other proprietary rights in the Site and in the software, text, graphics, design elements, code and all other materials originated or used by Non-Equity Deputy at or in the Site (collectively, the “Site Material”) are reserved to Non-Equity Deputy. All other trademarks or domain names not owned by Non-Equity Deputy that appear on the Site are the property of their respective owners. User shall not modify, reproduce, upload, post, transmit, download or distribute any part of the Site Material, or decompile, reverse engineer, or dissassemble the Site Material, other than printing out or downloading portions of the text and images for Users own personal, non-commercial use, provided User keeps intact all copyright, trademark and other proprietary notices. This limited authorization is not a transfer of title in the Site Material and by use of the Site, User acknowledges that User does not acquire any license, ownership or other rights to the Site Material.

3. USER POSTS; STANDARDS OF CONDUCT. User shall be responsible for all communications and material User submits, publishes, posts, uploads, distributes or transmits (collectively, “Posts”) with respect to the Services, and for any consequences thereof.   By way of example, and not as a limitation, User agrees that when using the Services, User will not: (A) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (B) Post any topic, name, material, information, software or other content that is unlawful, harmful, threatening, abusive, tortuous, infringing, libelous, inappropriate, profane, vulgar, obscene, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (C) Post information, software or other material that User does not have a right to make available under any law (including patent, trademark, trade secret or copyright law) or under contractual or fiduciary relationships (unless User is the owner or has permission from the owner); (D) Post any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (E) Post, conduct or forward contests, advertisements for goods or services, pyramid schemes, chain letters, junk mail, spam or any other form of solicitation; (F) impersonate any person or entity or falsely state or otherwise misrepresent Users affiliation with a person or entity (G) falsify, forge or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted, (H) interfere with or disrupt the Site or servers or networks serving the Site; (I) use any robot, spider or other automatic or manual device (other than those generally available to third party web browsers) to copy or monitor the Site; or (J) violate any applicable local, state, national or international law.

4. NON-EQUITY DEPUTY’S RESPONSIBILITY; LICENSE. User understands that Non-Equity Deputy is not responsible for the content of materials Posted on the Site, and therefore, accepts no responsibility or liability for any communication, material or content that may reside in or is accessed by the Site other than Non-Equity Deputy information. However, by Posting communication, material or content to the Site, User agrees to grant, and User represents and warrants that User has the right to grant, Non-Equity Deputy a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, publish, distribute and display such communication, material or content in connection with the operation of the Site. All concepts, ideas, comments, manuscripts, illustrations, and other materials disclosed or offered to Non-Equity Deputy by Users on or in connection with the Site are Posted without any restrictions or expectation of confidentiality.

5. NON-EQUITY DEPUTY RIGHTS. Notwithstanding anything to the contrary herein, Non-Equity Deputy reserves the right (in its sole discretion) to (A) monitor any Message Board, e-mail or other communication on the Site at any time, (B) disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar request, (C) edit, refuse to post or remove any information or material, in whole or in part, that does not conform to these Terms without notice or liability to User, or (D) prevent Users who have engaged in prohibited conduct under these Terms from further access to the Services, without notice or liability to User.

6. PASSWORDS AND SECURITY. When User creates a password upon becoming a member with Non-Equity Deputy, User becomes responsible for maintaining the confidentiality of the password and User’s account, and are fully responsible for all activities that occur under User’s password and account. User agrees to immediately notify Non-Equity Deputy at info@non-equitydeputy.com of any unauthorized use of User’s password or account or any other breach of security. Non-Equity Deputy cannot and will not be liable for any loss or damage arising from User’s failure to comply with this paragraph.
7. CLAIMS OF COPYRIGHT INFRINGEMENT; POLICY. Non-Equity Deputy respects the intellectual property of others, and asks User to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Designated Copyright Agent may be contacted as follows:




Phone:
E-mail:info@non-equitydeputy.com
You hereby agree that Non-Equity Deputy may, in our discretion and without notice or liability, (A) remove, or disable access to material on the Site that we believe may infringe on the rights of others, and (B) deny the services offered on the Site to any User, and terminate the Profile and account of any member or premium member who is a repeat infringer of the intellectual property rights of any third parties.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. User understands that all users accept responsibility for their own acts, and Users agree that an act by another user that injures User cannot be blamed on Non-Equity Deputy. Further, User understands the inherent risks associated with operating a Web site, and that Non-Equity Deputy would not be able to make the Site or the Services offered to User if Non-Equity Deputy would be liable for such inherent risks as usability problems, system failure or similar errors. Accordingly, in addition to the disclaimers herein, Non-Equity Deputy must make the following disclaimers and insure that our liability for any problems connected with the Site or the Services is strictly limited, indemnified and released.
    A. DISCLAIMER. USER EXPRESSLY UNDERSTANDS AND AGREES THAT (A) THE SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) NON-EQUITY DEPUTY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) NON-EQUITY DEPUTY MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, (D) NON-EQUITY DEPUTY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NON-EQUITY DEPUTY IS NOT RESPONSIBLE FOR THOSE COSTS. NON-EQUITY DEPUTY SHALL NOT BE HELD RESPONSIBLE FOR THIRD PARTY MATERIAL ON THE SITE.
    B. LIMITATION OF LIABILITY. USER EXPRESSLY UNDERSTANDS AND AGREES THAT NON-EQUITY DEPUTY, AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, ATTORNEYS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY LINKED SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. USERS USE OF THE SITE IS AT USERS OWN RISK. IF USER IS DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE SITE, USER’S SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NON-EQUITY DEPUTY’S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL BE AT ALL TIMES LIMITED TO THE ANNUAL FEE PAID, IF ANY, BY USER TO NON-EQUITY DEPUTY FOR THE SERVICE OFFERED IN CONNECTION THEREWITH.

    C. INDEMNIFICATION AND RELEASE. User agrees to indemnify and hold Non-Equity Deputy and its affiliates, officers, directors, shareholders, attorneys, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any communication, material, software or content User Posts to the Site, User’s use of the Site, User’s use of the Services, User’s connection to the Site, User’s violation of these Terms or User’s violation of any rights of another. User hereby agrees to release Non-Equity Deputy, and its affiliates, offers, directors, shareholders, members, attorneys, agents and employees, from any and all claims, causes of action, demands and damages of every kind and nature, known or unknown, disclosed or undisclosed, arising out of or relating to any disputes User may have against any other user of the Site.
9. MODIFICATION. Non-Equity Deputy may, at any time without notice, and in our sole discretion, amend or modify the Site or these Terms by updating the Site or this Web page. Therefore, User should review the Site and this page from time to time so that User will be aware of any such modifications. Non-Equity Deputy is under no obligation to update the Site or the Terms. User hereby agrees that Non-Equity Deputy may also make changes in the Services, programs, and prices described in the Site at any time without notice. User’s continued use of the Site after any modification to the Site will be considered acceptance of those modifications.
10. THIRD PARTY SITES. Links to third party Web sites made at the Site (collectively, “Linked Sites”) are not under Non-Equity Deputy’s control, and we are not responsible for the contents thereof. Linked Sites are provided to User only as a convenience, and inclusion of a link does not imply endorsement or representation of the Linked Site or any information, materials, goods or services located thereon or any sponsorship, affiliation or association with its operators. User acknowledges and agrees that Non-Equity Deputy shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site. Domain names and trademarks of Linked Sites, or contained in information accessed at Linked Sites, are the sole property of their respective owners.

11. LINKING TO THE SITE. Any person or entity linking to the Site shall not (A) “frame,” “deep link,” alter the appearance of the Site or otherwise fail to comply with all applicable law, (B) state or imply that Non-Equity Deputy endorses, sponsors or otherwise approves of your site or any other site, or (C) use any Non-Equity Deputy trademarks or logos.

12. PRIVACY POLICY. The treatment of personally identifiable information that Non-Equity Deputy collects when User is on the Site and when User uses or purchasers the Services provided by Non-Equity Deputy is subject to our Privacy Policy.
15. TERMINATION. These terms shall remain in force and effect while User is using the Site. In addition to any causes of termination provided herein, Non-Equity Deputy reserves the right, in its sole discretion and without any liability to User, to terminate User’s access to and use of the Site or any part thereof (including, but not limited to User’s Profile and account), and to remove and discard any material posted by User thereon, for any reason whatsoever, including, without limitation, for lack of use, or if Non-Equity Deputy believes that User has violated or acted inconsistently with these Terms. Non-Equity Deputy may also, in our sole discretion and at any time, discontinue operation of the Site or any part thereof. Any such termination may be effected without any prior notice. Upon any such termination, Non-Equity Deputy may immediately deactivate or delete User’s Profile and account and all information and files relating thereto. Non-Equity Deputy shall not be liable to User or any third-party for any termination of User’s access to the Site or the Services.
16. ENTIRE AGREEMENT; GOVERNING LAW; SEVERABILITY. These Terms constitutes the entire agreement between Non-Equity Deputy and User with respect to User’s use of the Site and the services offered in connection therewith. These Terms are entered into in the State of Missouri and shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of St. Louis in the State of Missouri, and waives any jurisdictional, venue, or forum non conveniens objections to such courts. In the event that any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so thathese Terms shall otherwise remain in full force and effect.