EMBARK CONSULTING, LLC. TERMS OF USE

Revised 10 December 2014.

Embark Consulting, LLC, is also referred to below as “Embark”, "we", "us" and "our”. These Terms of Use refer to the website utilized by Embark, hereafter referred to as “Embark Website.” Although parts of these Terms of Use may refer to other services who partner with Embark, these Terms of Use are only between you and Embark, and not with any other entity or service.

By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

The Terms of Use of the Embark Website refer to both general usage and usage of the Embark Recruiting System. Details pertaining specifically to the Terms of Use for the Embark Recruiting System are listed in a separate section.

GENERAL USAGE

Use of Content; Restrictions; Privacy Statement

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Website.

You will comply with all applicable laws in accessing and using this Website.

You acknowledge that we may use your personal information and data according to our Privacy Statement, which is incorporated herein by this reference. You hereby agree to the terms of our Privacy Statement, including any obligations imposed on you therein.

Intellectual Property Rights

Unless otherwise indicated, the content on this Website is provided by us.

Disclaimers and Limitations of Liability

THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR FINANCES OR BUSINESS, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR.

THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO OUR PERSONNEL.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

Additional Terms

If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use or elsewhere in this Website. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.

 

ADDITIONAL TERMS OF USE FOR EMBARK RECRUITING SYSTEM

User Submissions

The Site provides a portal for you to obtain employment and career information. By submitting or entering your information to the Site ("Submitted Material"), you agree that you grant Embark 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 Embark is only a passive forum for users to obtain employment and career information. Embark does not screen or monitor any Submitted Materials. Embark, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Embark reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Embark considers to be unacceptable. In the event Embark receives notification regarding any unacceptable Submitted Materials, Embark may investigate such materials, in its sole discretion.

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

 

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) upload, post, transmit, or store any material that:

1.     is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, 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 Embark, 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;

(d) 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;

(e) breach or attempt to breach any security measures of the Site;

(f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Embark's prior written consent;

(g) access or attempt to access any account or login of any third party listed on the Site;

(h) 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;

(i) post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;

(j) impersonate any person or entity;

(k) forge any header information in any electronic posting or mail; or

(l) misrepresent yourself, your affiliation with any third party, or your entity.

 

Specific usage and responsibilities

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; and

(e) bear the risks of any reliance or use of any Materials or any information provided by any third party.

 

Employment

You understand and agree that Embark (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.

 

Indemnification

You agree to indemnity, defend, and hold Embark, 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.

 

If you have any questions pertaining to these Terms of Use, contact us at Let's Talk. 

Terms of Use may be revised at any time, and your continued usage of the site indicates your acceptance of the revised terms.

 

Embark Mailing Address

Embark Consulting, LLC

1717 McKinney Ave, Suite 700

Dallas, Texas 75202