PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE.
The following are the terms and conditions for use of Constellation West (the "Website"). The Website is owned and operated by Client/Server Software Solutions, Inc. ("Constellation West"). By accessing the Website, continuing to access the Website, or submitting any information through the Website, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Website as well as any third-parties accessing the Website on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (the "Agreement"). Use of the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
I. INFORMATION SUBMISSION
In order to apply for jobs through the Website, or any third-party hosting service utilized by the Website, you may be required to enter personal information. When submitting personal information, you must provide Constellation West with complete and accurate information as prompted by the Website or applicable form.
III. PROPRIETARY RIGHTS
Constellation West expressly reserves all right, title and interest in and to the Website and the Website's content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
IV. JOB APPLICATIONS
From time to time, the Website may allow you to submit a job application through the Website. The Website may utilize a third-party hosting service to receive and/or process these job applications. The use of the Website or submission of a job application does not create any employment, business, or contractual relationship between you and Constellation West. Constellation West is not extending any offers of employment, or any other rights or obligations, by merely allowing the submission of job applications on the Website. By submitting a job application or other contact information through the Website, or third-party hosing service utilized by the Website, you agree that Constellation West may contact you regarding your job application, other Website inquiries, or to keep you updated with Constellation West' services or job offerings.
V. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
Constellation West does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Website will be accurate, (ii) the Website or related services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Website or the server that makes it available, are free of viruses or other harmful component, (v) the use or the results of the use of the Website or the materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable, or (vi) that any employment relationship will be created as a result of the submission of a job application through the Website or any third-party hosting service operating on the Website.
THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Constellation West EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Constellation West DOES NOT WARRANT THAT THIS WEBSITE'S SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
You will not use the Website or its services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
You agree to indemnify, hold harmless and defend Constellation West, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Constellation West or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Constellation West or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Website, or (iii) your unauthorized use of the Website. In such a case, Constellation West will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Constellation West reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
IX. LIMITATIONS OF LIABILITY
Constellation West WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Constellation West HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Constellation West' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED AND 00/100 DOLLARS ($100).
X. TERMS AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, Constellation West will cease providing you the Website's services.
XI. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Constellation West reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the use of the Website or its services, at any time, by posting the new agreement to this website. You will know we have changed the terms when you see a new updated date at the top of this Agreement. You are responsible for regularly reviewing the terms. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Constellation West or (ii) you continue to use the Website after Constellation West has posted updates to the Agreement or to any policy governing the use of the Website or its services.
XII. MISCELLANEOUS; APPLICABLE LAW AND VENUE
This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska, Douglas County. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Service is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to Constellation West must be sent to:
3906 Raynor Parkway, Suite #201
Bellevue, NE 68123.
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. The relationship between Constellation West and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.