Terms & Conditions
Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Institute for Motivational Living, Inc and its associated entities (IML et al) Web Site(s). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site(s). If you are an employer using the Site(s), you may have entered into a Service Agreement with IML et al, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of August 1, 2006.
2. Binding Agreement.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by IML et al) form a binding agreement (the "Agreement") between you and PeopleKeys, Inc. Your access to or use of the Site(s) indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site(s) at your own risk.
3. Certain Definitions.
The following definitions apply to this Agreement: "IML et al Web Site(s)" or the "Site(s)" includes:
as well as any other IML et al web Sites
in its entirety and its related Site(s) owned or operated by IML et al, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site(s). "Text" includes all text on every page of the Site(s), whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site(s), with the exception of paid advertising banners.
"Document" refers to any posting to the Site(s), whether job or resume. "Services" means any services provided on the Site(s) by IML et al or its agents. "User" refers to any individual or entity who uses any aspect of the Site(s). "Job Seeker" means a User who is accessing the Site(s) to search for a job or in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site(s) to post a job or for any reason related to the purpose of seeking candidates for employment.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions
4. Acceptable Use of the Site(s).
4.1. General Use Rules.
The Site(s) is intended for individuals seeking information on IML et al's products and services. Users may use this Site(s) only for lawful purposes within the stated context of IML et al's intended and acceptable use of the Site(s). IML et al is the sole interpreter of the Site(s)'s intended and acceptable use.
4.2. License to Use by Users for Personal Use.
IML et al hereby grants you a limited, terminable, non-exclusive right to access and use the Site(s) only for your personal use for yourself. This authorizes you to view and download a single copy of the IML material on the Site(s) solely for your personal, noncommercial use. Your use of the Site(s) is a privilege. IML et al reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.3. License to Use by Users for Business or Commercial Use.
IML et al hereby grants ou a limited, terminable, non-exclusive right to access and use the Site(s) only when the IML et al materials, reports, etc. are PURCHASED directly from IML et al by individuals or businesses. Your use of the Site(s) is a privilege. IML et al reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4. Other Specific Rules.
You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site(s) for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site(s) complies with these Terms and Conditions and all applicable laws.
5. Intellectual Property Rights.
The Site(s) and all right, title and interest in and to the Site(s) is the sole property of IML et al or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, IML et al reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site(s). "IML et al," the IML et al design logo and certain other names or logos are service marks or trademarks of IML et al, and all related product and service names, design marks and slogans are the service marks or trademarks of IML et al. In addition, the "look" and "feel" of the Site(s) (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by IML et al's trademarks, service marks and copyrights. All other product and service marks contained on the Site(s) are the trademarks of their respective owners.
6. Disclaimers and Limitations on IML et al's Liability.
6.1. Allocation of Responsibility.
IML et al assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. IML et al acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, IML et al may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. IML et al has no liability or responsibility to Users for performance or nonperformance of such activities. IML et al may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2. No endorsements by IML et al.
Nothing on the Site(s) shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web Site(s), products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3. No Guaranty of Results.
IML et al is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site(s) in meeting the employment objectives of Users. IML et al does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
6.4. WARRANTY DISCLAIMERS
THE SITES(s) IS/ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. IML et al, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IML et al MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE(s).
Without limitation on the foregoing:
(i) IML et al DOES NOT WARRANT THAT THE SITE(S) WILL OPERATE ERROR-FREE OR THAT THE SITE(S) AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE(s) RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, IML et al IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) IML et al makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) IML et al makes no representations or guarantees regarding the Content of the Site(s), including, but not limited to, broken links, inaccuracies or typographical errors.
6.5. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE(s), THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE(s).
IN NO EVENT SHALL IML et al (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE(s) AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IML et al IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN IML et al's MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
IN NO EVENT SHALL IML et al (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES.
Due to the nature of this Agreement, in addition to money damages, you agree that IML et al will be entitled to equitable relief upon a breach of this agreement by you.
7. Payment of Services upon Termination of Service Agreement.
Some features of IML et al.com may be provided for a fee. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by IML et al, IML et al shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Links to Other Site(s)s.
IML et al contains links to third party web Site(s)s. These links are provided solely as a convenience to you and not as an endorsement by IML et al of the contents on such third-party web Site(s)s. IML et al is not responsible for the content of linked third-party Site(s)and does not make any representations regarding the content or accuracy of materials on such third-party web Site(s)s. If you decide to access linked third-party web Site(s)s, you do so at your own risk.
9. Amendments to this Agreement and Changes to Site(s).
IML et al may revise this/these Agreement(s) at any time by updating this page. Changes will be binding on you on the date they are posted on the Site(s) (or as otherwise stated in the any notice of such changes). Any use of the Site(s) will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site(s) any longer. Any new or different terms supplied by you are specifically rejected by IML et al unless IML et al agrees to them in a signed writing specifically including those new or different terms. IML et al may change the Site(s) at any time.
You agree to defend, indemnify, and hold harmless IML et al (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site(s), any Document posted by you, or your breach of this Agreement. IML et al shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. User Information.
12. Questions and Notices.
Questions concerning the use of the Site(s) should be directed to Feedback. Notices shall be sent, for IML et al, to the address listed on the Site(s), and, for you, to the address submitted by you or such other address as IML et al reasonably determines is an appropriate address for you.
IML et al contact information is listed on the Site(s). The IML et al makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site(s). If you access IML et al from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between You and IML et al is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site(s), and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by IML et al in a particular "Legal Notice," or software license or material on particular Web pages of the Site(s), this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and IML et al.