Terms and
Conditions Of Web Site Usage:
PLEASE READ THESE TERMS AND CONDITIONS (THIS "AGREEMENT")
CAREFULLY BEFORE USING THE OCPWORLD.COM WEBSITE ("OCPW",
"Company", "We", "Us", "Our",
"Our Site", "Our Company"). THE PROVISIONS OF OUR TERMS OF
SITE USAGE AND/OR PRIVACY POLICY ARE ALL PART OF THIS AGREEMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
OCP World Inc., ("OCPW", "Company",
"We", "Us", "Our", "Our Site", "Our
Company"), is a Consulting Services firm offering services in the
Oracle(TM) and complementary technologies. Additionally, OCPW is
involved in providing special teams of Oracle Certified Professionals
("OCP") - to our partners, clients, customers and consulting
projects. We attract this specially talented group of candidates by
providing an on-line job-posting and candidate-matching service.
"You" or "user" refers to any person or entity
which accesses or uses Our web site or service (collectively, the
"System").
1. Agreement. This page states the terms and conditions under
which you may use Our Site. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, YOU MAY CHOOSE NOT USE OR ACCESS OUR WEB SITE. By accessing
Our Site, you indicate your acknowledgment and acceptance of this
Agreement. Our Company reserves the right to modify or discontinue
temporarily or permanently Our Site for any reason, at its sole
discretion, with or without notice to you. The Company likewise may
change the terms and conditions of this Agreement (the
"Terms") from time to time with or without notice to you and
such modification shall be effective immediately after posting of the
modified Agreement. You agree to review this Agreement periodically to
ensure that you are aware of any modifications. Your continued access
or use of Our Site after the modifications have become effective shall
be deemed your conclusive acceptance of the modified Terms.
2. Privacy. We at OCPW safeguard your privacy with outmost care
and take all necessary steps to ensure that the information you provide
to us is kept confidential. When you register at Our Site( http://www.ocpworld.com) you will be asked to provide certain
identifying information, including your name, address, phone, e-mail,
web site url, past and present employers, career related information
and/or your resume. You understand and agree that once you choose to
publish your resume on Our Site, any employer, recruiter and/or partner
can have access to your information, that may include your full resume,
including your name and contact information. We may provide features on
Our Site to make your profile as "Confidential" or
"Private". By choosing to make your resume
"Confidential", Your full resume will be available to
employers, but your contact information (name, address, phone, e-mail)
will be concealed. By choosing to make your resume "Private",
employers will not be able to see your resume or contact information
unless you submit it to them when you identify jobs of interest. You
understand and agree that the Company may disclose to third parties, on
an anonymous basis, certain information contained in your registration
or provided upon subsequent visits to the website. In addition, our
privacy policy (http://www.ocpworld.com/assets/privacy.htm) applies;
please see that policy for further details.
3. Copyright Notice.
THE CONTENTS OF OUR WEB SITE ARE COPYRIGHT
PROTECTED UNDER THE UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. THE
CONTENTS OF OUR SITE, INCLUDING THE UNIQUE "LOOK AND FEEL"
(E.G., LOGO, BUTTONS, GRAPHICS, CONTENT, IMAGES), EDITORIAL CONTENT,
NOTICES, SOFTWARE AND OUR HTML BASED SOURCE, ARE PROTECTED UNDER BOTH
UNITED STATES AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS.
These contents belong and are exclusively owned by OCP World Inc.,. We
hereby grant you the right to view and use of Our Site subject to the
terms and conditions of this Agreement. Further, The logos, graphics,
trademarks, service marks we may include on our site for clarity
purpose, that belong to third party companies (E.G. ORACLE) belong to
their respective companies. Such content and other material is the
property and copyright protected by those companies.
You may download and/or print a copy of information provided from
Our Site, for your personal, non-commercial use only. Permission to
reprint or electronically reproduce any document or graphic in whole or
in part for any other purpose is expressly prohibited, unless prior
written consent is obtained from the respective copyright holder(s).
You may contact us at the information provided at the end of these Terms. You
agree not to make soft copy versions, duplicate, reproduce, hard copy
versions, sell, resell, use or exploit for any commercial purposes, Our
Service or use of or access to the Services or any information and/or
technology obtained from the Services resulting out of our Web Site. In
turn, you grant us a non-exclusive, royalty-free license to use any
content that you post on Our Web Site for any purpose, subject to the
express terms of this Agreement.
4. Types of Accounts. There are various types of accounts one
can signup on Our Site. Independent Professional ( "IP",
"Consultant", "Candidate", "Employee",
"Job Seeker") and Employer ("Company",
"Recruiter", "Third Party", "Partner",
"Consulting Company", "Staffing Professionals"). In
future we may provide other types of signup accounts for our partnering
companies, Affiliates.
Independent Professional Account. Independent professionals who are
at least eighteen (18) years of age are eligible to register for an IP
or Consultant Account, which may be used for the sole purpose of
seeking career possibilities through our services, career information,
and related services. Independent Professionals may be individuals who
work on jobs or projects alone or together with a team of individuals
in an organization. Individuals for whom we establish an Independent
Professional Account are referred to as "Independent
Professionals" in this Agreement.
Company Account. Businesses seeking Consultants or Employees for
full-time, contract or consulting assignments are eligible to register
for a Company Account. Company Accounts may be used for: (i) corporate
businesses seeking to locate Consultants for work offered directly by
such businesses; or (ii) staffing, recruiting or professional placement
firms ("Staffing Professionals") seeking to locate Candidates
or Independent Professionals for further recruiting purposes. All
businesses for which we establish a Company Account are referred to as
"Companies" in this Agreement. Each participating employee of
a Company must have a separate Account.
By registering for an Account, you represent and warrant that (a)
you are eligible for the Account that you have designated in the
registration process, as set forth above; (b) the information that you
include as part of the registration process is accurate, complete, and
not misleading; and (c) if you are registering as a Company, you have
the necessary authority to bind your organization to this Agreement. If
your circumstances change such that you no longer are eligible for your
Account, you will promptly notify us and we will terminate your
Account. We reserve the right to investigate, at our own discretion,
any activity that may violate this Agreement, including but not limited
to a Company's failure to accurately identify itself as an employee or
member of a Staffing Professional.
5. ACCOUNT RESTRICTIONS. If you singed up as a Company Account,
you also agree that:
Except as expressly permitted, you will use your Account solely in
the course of locating Candidates, Consultants and/or Independent
Professionals, and will not redistribute any of the content on this
Site.
You will not use your Account to (a) post false or misleading job
descriptions or (b) post job descriptions that are inappropriate to our
audience in our sole discretion. "Inappropriate" job
descriptions include, without limitation, any postings relating to
home-based commission sales opportunities, independent
distributorships, multi-level marketing opportunities, or those that
contain any obscene, libelous, slanderous, defamatory, or similarly
inappropriate content.
You will not misuse the Site or make any attempt to circumvent
("Bypass Techniques") the rules and guidelines contained in
this Agreement. At our own discretion, Bypass Techniques include, but
are not limited to: (a) submitting multiple applications or proposals
for the same job; (b) using multiple Accounts to submit more than one
application or proposal for the same job; (c) using any secondary agent
or third party to create applications or proposals in response to a
job; or (d) creating false or duplicate profiles. You acknowledge that
any attempted participation in any Bypass Technique is a material
breach of this Agreement and that we may pursue any and all applicable
legal and equitable remedies against you, including any available civil
or criminal remedies relating to fraud.
If you Signed up as a Candidate, Consultant, Contractor and/or
Independent Professional, you agree that:
- You will use your Account for your personal use only, and will not
redistribute any of the content on this Site.
- You will not cooperate or conspire with any third party employer
to engage in any Bypass Technique (as defined above). You
acknowledge that any attempted participation in any Bypass Technique
is a material breach of this Agreement and that we may pursue any
and all applicable legal and equitable remedies against you,
including any available civil or criminal remedies relating to
fraud.
If you are a Employer/Recruiter/Company or an Independent
Professional, you agree that:
- You will comply with all OCPW policies and applicable laws
regarding use of or access to your Account.
- You will not transfer or share your Account with anyone, nor
disclose your Account password to anyone. You are solely responsible
for all actions taken under your Account User ID.
- You will not use any robot, spider, automated collection
mechanism, or any manual process to monitor or copy the web pages
comprising the Web Site or the content contained therein without our
prior written permission.
- You will not distribute unsolicited commercial messages (also
known as "Spam", "Spamming") through your
Account or take any other action that imposes an unreasonable or
disproportionately large load on our infrastructure. At our option
and without further notice, we or our suppliers may use Anti-Spam
technologies that may terminate your messages without delivering
them or prevent messages from reaching you.
- You will not engage in personal attacks, or other forms of
unsolicited, non-professional and/or discourteous online conduct.
- Any agreement between you and any individual or organization,
whether another user of Our Site or a third party web site to which
we link from Our Site, is solely on the terms negotiated by you and
the third party and is entered into at your own risk.
6. Site Usage Conditions. As
a condition of your use of Our Site, you warrant to us that you will
not use Our Site for any purpose that is unlawful or prohibited by this
Agreement. We reserve the right to deny you access to any part of Our
Site at our sole discretion.
- You agree that any employment or other relationship you form or
attempt to form with an employer who lists jobs on Our Site is
between you and that employer alone, and not with the Company.
- You may not post incomplete, false, or inaccurate biographical or
other personal information as part of your registration information,
on-line resume, or other information provided to the Company or to
potential employers.
- You may not post or transmit any message which is libelous,
defamatory, or which discloses private or personal matters
concerning any person. You may not post or transmit any message,
data, image or program which is indecent, obscene or pornographic.
- You are responsible for material that you post on Our Site. You
may not post or transmit any message, data, image or program that
would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other
confidential proprietary information, and trademarks or service
marks used in an infringing fashion.
- You may not interfere with other users' use of the Service,
including, without limitation, deleting or revising any material
posted by another person or entity or taking any action that imposes
a disproportionate burden on Our Site infrastructure or that
negatively affects the availability of Our Site to others.
- You may not post or transmit any file which contains, or otherwise
introduce onto Our Site, any viruses, worms, Trojan horses or any
other contaminating or destructive features.
If you have registered and received a user name and password, you
may not permit any other person (other than an agent acting on your
behalf and subject to your direct supervision) to access Our Site using
your name and password for any purpose.
You may not post or transmit any message which is harassing,
harmful, threatening, abusive, hateful, or racially, ethnically or
religiously disparaging or exclusionary.
You may not post or transmit petitions for signatures; franchises,
distributorship, sales representative agency arrangements, or other
business opportunities; club memberships; chain letters; letters
relating to pyramid schemes; or any other unsolicited requests. You may
not post or transmit any advertising, promotional materials or any
other solicitation of other users to use goods or services except in
those areas (e.g., a classified bulletin board) that are designated for
such purpose.
You may not respond to any employment opportunity listed on Our Site
for any reason other than to apply for the job. Solicitation of the
employer's business by a competitor or for any other purpose is
prohibited. HEADHUNTERS, RECRUITERS, RECRUITING COMPANIES, PLACEMENT
AGENCIES, TEMPORARY WORKERS AGENCIES OR SIMILAR AGENCIES OR ENTITIES
MAY NOT USE Our Site UNLESS THEY ARE PERMITTED ACCESS BY HAVING
EXECUTED A WRITTEN MEMBERSHIP AGREEMENT WITH THE COMPANY.
You may not copy or use personal identifying information about
job-seekers or business information about employers. Unsolicited
e-mails, mailings, telephone calls, or other communications to
individuals or companies who are listed on our Site are prohibited.
Notwithstanding anything to the contrary in this Agreement, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search Our Site other
than the search engines and search agents available from the Company on
Our Site and other than generally available third-party web browsers
(such as Microsoft Explorer, Mosaic, Netscape Communicator) is
prohibited.
You agree to abide by all applicable local, state, national, and
international laws and regulations in your use of Our Site. Our System
is available only to individuals who are permitted to use it under
applicable law. If you do not qualify, please do not use our System.
7. Content and Links Originating To/From Our Site.
You use the content on this Site, and any web sites linked thereto, at
your own risk. You understand and agree as follows:
Some content provided by independent experts (known as
"Community Leaders") on various subjects, including
employment advice, career choices, legal help, taxes, health, and any
other information, may be considered to be of an advisory nature. This
information is provided solely for informational purposes and should
not be considered professional, medical, or legal advice.
You should not act based on information you receive from the Site
without using your own efforts to confirm such information, and, when
appropriate, consulting with an independent, licensed professional
regarding your individual circumstances.
By its very nature, the information on this Site is changed
frequently, may be offensive, harmful, or inaccurate, and in some cases
may be mislabeled or deceptively labeled.
This Site provides unfiltered access to third-party content. We are
only acting as a venue, and we have no liability related to the
third-party content on this Site, whether arising under the law of
copyright, defamation, libel, privacy, obscenity, or otherwise.
The Site may contain links to third-party web sites. While we hope
that you are able to benefit from the information, products, and
services that these businesses provide to you, we neither control nor
review the web sites to which we link from this Site. Therefore, we
cannot endorse the content, products, services, or performance of the
web sites we link to from this Site, and you should not treat any link
as such an endorsement.
We cannot, nor do we undertake any obligation to, control, verify,
or validate the content that you receive. We expect that you will
use caution and common sense when using this Site and your Account.
Our Site may contain links to web sites operated by other parties.
The links are provided for your convenience only. We do not control
such web sites, and we are not responsible for the content and
performance of these sites or for your transactions with them. Our
inclusion of links to such web sites does not imply any endorsement of
the material on such web sites or any association with their operators.
The Company does not in any way operate, control or endorse any
information, products or services provided by third parties through the
Internet.
Our Site may contain links to web sites that are owned and operated
by OCPW and are sister concerns and/or other web initiatives of OCPW.
The links are provided for your convenience only. When you link to any
such sites, within our network of web sites (Example:
http://www.shopyar.com), you are bound by the terms and conditions set
forth on those sites. We do not assure and are not responsible for the
content and performance of those sites or for your transactions with
them.
8. Links To Our Site. We grant you full permission to link to
Our Main page of the Site (http://www.ocpworld.com) using a text link,
but not to (a) frame the Site. We also grant you full permission to
"deep-link" to any web page on the Site other than the front
page; and/or use ONLY our main company logo by providing a link back to
Our Site. You acknowledge and agree that we do not pay referral fees
for any links you may make to the Site. You also acknowledge and agree
that we do not pay Affiliate Marketing fees for any links you may make
to Our Site.
9. Your Content. You are solely responsible for content or any
other information you provide, distribute, post, include, link to, or
otherwise upload to the Site ("Your Content"). You understand
and agree as follows:
We are only acting as a passive conduit for the online distribution
and publication of Your Content. However, we make no warranties as to
the actual distribution or publication of Your Content.
We have the right (but no obligation) to take any action we deem
appropriate with respect to Your Content if we believe that it may
create liability for us, harm our business, or cause us to lose the
services of our ISPs or other suppliers.
You represent and warrant that Your Content: (a) will not infringe
or misappropriate any copyright, patent, trademark, trade secret, or
other proprietary right or right of publicity or privacy; (b) will not
violate any law or regulation; (c) will not be defamatory or trade
libelous; (d) will not be obscene or contain child pornography; (e)
will not include incomplete, false or inaccurate information about you
or any other individual; and (f) will not contain any viruses, Trojan
horses, worms, time bombs, cancel bots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information.
By submitting Your Content to this Site (including, but not limited
to creating your Account; posting or submitting an Independent
Professional profile or application for a job, posting a job
description; sending messages through the Site; posting messages to
message boards, forums, and chat rooms; sending us emails or other
feedback; and entering any OCPW contest or promotion), you hereby grant
to us a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable
(through multiple tiers) license to use, copy, modify, display, and
perform Your Content, under all your intellectual property and
proprietary rights worldwide. For the avoidance of doubt, providing
links to content hosted on servers other than our own (such as a
portfolio of sample works hosted on your own web site) will not be
considered "submitting" such content for purposes of this
license grant.
Our Site may contain robot exclusion headers and you agree not to
use any robot, spider, automated collection mechanism, or any manual
process to monitor or copy the web pages comprising the Site or the
content contained therein without our prior written permission.
10. Dispute Resolution. Any disputes regarding arrangements
between Consultants, Contractors, Potential Employees, Independent
Professionals ("Candidates"), Recruiting Companies, Placement
Agencies, Companies and Hirers ("Companies") (including
without limitation disputes regarding services and payment) remain
solely between Companies and Candidates. We are not involved in any
transactions between you and any other users of the Site. You
acknowledge and agree that OCPW will not be a party to any such dispute
or be obligated to take any action or refrain from taking any action
toward resolving any such dispute. If you have a dispute with any other
users of the Site, you hereby release us (and our directors,
shareholders, agents and employees) from any and all claims, demands,
and damages (actual and consequential; compensatory and punitive) of
every kind and nature, known and unknown, related to such dispute. In
releasing claims unknown to you at present, you agree that you are
waiving all benefits and rights under Section 1542 of the California
Civil Code, which provides as follows: "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 also agree that you are waiving all benefits and rights under any
statute or common law principle of similar effect in any jurisdiction.
11. Feedback. We will treat any feedback or suggestions you
provide to us as non-confidential and non-proprietary. Please do not
submit confidential or proprietary information to us unless we have
mutually agreed in writing otherwise. Feedback can be sent via our
feedback form or to our email: feedback@ocpworld.com.
12. Warranty Disclaimer. DISCLAIMER OF WARRANTY THE SITE, AND
THE CONTENT, SERVICES, PRODUCTS, AND INFORMATION RELATED THERETO, ARE
PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE INFORMATION RECEIVED UNDER THIS AGREEMENT OR AGAINST
INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY
INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY INFORMATION
PROVIDED BY COMMUNITY LEADERS OR USERS, OR ANY JOB
DESCRIPTIONS/SOLICITATIONS, PROPOSALS, APPLICATIONS OR USER PROFILES),
NOR DO WE UNDERTAKE TO VERIFY, UPDATE OR CORRECT SUCH INFORMATION. WE
DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT AND
MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF
THE SITE. WE DO NOT GUARANTEE ANY RESPONSE RATE TO ANY
JOBS/SOLICITATIONS, APPLICATIONS OR PROPOSALS, NOR DO WE MAKE ANY
WARRANTIES WITH RESPECT TO THE SERVICES OF ANY INDEPENDENT
PROFESSIONAL, THE PAYMENT BY ANY HIRER OF FEES OR PAYMENTS IN
CONNECTION WITH ANY JOB, OR THE SUCCESS OF ANY PROJECT. ANY USE OF OR
RELIANCE UPON THE SITE, OR ANY INFORMATION OBTAINED THERE FROM, IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES RESULTING THERE FROM.
WE CONDUCT NO INVESTIGATION AND MAKE NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO MATERIAL POSTED ON THE SYSTEM BY USERS,
WHETHER JOB-SEEKERS, EMPLOYERS OR OTHERS. THE COMPANY MERELY PROVIDES A
FORUM IN WHICH THESE POSTINGS MAY TAKE PLACE. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR
TIMELINESS OF MATERIAL POSTED ON THE SYSTEM. USE OF OR RELIANCE ON THAT
MATERIAL IS MADE AT YOUR OWN RISK. THE COMPANY MAY MAKE CHANGES TO THE
SYSTEM AND THE INFORMATION CONTAINED THEREIN FROM TIME TO TIME, AT ITS
SOLE DISCRETION.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS
13. Indemnification. You agree to indemnify and hold us, our
customers and business partners harmless from all losses, liabilities,
damages, costs and expenses (including reasonable attorneys' fees) that
we may incur as a result of any claims, suits, actions, or proceedings
arising out of or related to Your Content or your breach of this
Agreement, including without limitation any claims of intellectual
property infringement, defamation, and trade secret misappropriation,
and claims under any business tort theory.
14. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE OR OUR
SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY,
SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST
PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SITE, EVEN
IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. OUR (AND OUR SUPPLIERS') TOTAL CUMULATIVE LIABILITY IN
CONNECTION WITH THIS AGREEMENT OR THE SITE, WHETHER IN CONTRACT OR TORT
OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID TO US
BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE
FOREGOING LIMITATION IS CUMULATIVE, WITH ALL PAYMENTS COUNTING TOWARD
SATISFACTION OF THE LIMIT. SOME STATES DO NOT ALLOW THE LIMITATION OF
LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
15. Disclaimer of Liability for Service Interruption. NEITHER
THE COMPANY, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, OR ANY THIRD-PARTY VENDOR WILL BE LIABLE OR HAVE ANY
RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE
EVENT OF ANY FAILURE OR INTERRUPTION OF THE SYSTEM, OR RESULTING FROM
THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SYSTEM
OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE
RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SYSTEM OR
THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH
CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE COMPANY OR OF ANY VENDOR
PROVIDING SOFTWARE OR SERVICES SUPPORT.
17. Termination. We reserve
the right to investigate, at our own discretion, any activity that may
violate this Agreement. We may terminate this Agreement and your
Account immediately if you breach this Agreement, if you infringe third
party intellectual property rights, or if we are unable to authenticate
any information you provide to us. Alternatively, you agree that we may
remove some or all of Your Content (or public access thereto) at any
time without notice. Following termination of your Account, we may
remove some or all of Your Content from our servers or elect to retain
it, at our sole option. Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13,
14, 16, 17, 18 and any payment obligations incurred prior to
termination of this Agreement, will survive termination or expiration
for any reason.
18. Amendment. We may amend this Agreement by posting the
amended version on the Site and making the amended Agreement available
via a link from our home page
(http://www.ocpworld.com/assets/terms.htm). You agree that your
continued use of the Site after such amendment indicates your
acceptance of any such amendment. Otherwise, this Agreement may not be
amended except in a writing signed by both parties.
19. More Information. The Independent Professional/Hirer
screening and credit reporting services on this Site or on behalf of
OCPW's services are offered solely by OCP World Inc., OCPW does not
engage in any form of credit reporting or other screening activity.
Except for the foregoing, the services hereunder are offered by OCP
World Inc., a Registered California corporation, located at 39120
Argonaut Way, Ste. 166 Fremont CA 94538. If you are a California
resident, you may have this same information emailed to you by sending
a letter to the foregoing address with your email address and a request
for this information. The Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be
contacted in writing at 400 R Street, Sacramento, California 95814, or
by telephone at (800) 952-5210. If you notice any user that is
violating these terms of service, please contact us at support@ocpworld.com.
20. General. This Agreement will be governed in all respects by
the laws of the State of California as such laws are applied to
agreements entered into by California residents to be performed
entirely within California. Any action or proceeding arising from or
relating to this Agreement must be brought in a federal court in the
Northern District of California, or in a state court in Alameda County,
California, and you irrevocably submit to the jurisdiction and venue of
any such court in any such action or proceeding. You and OCPW are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement. If any provision of this Agreement is held
to be invalid or unenforceable, such provision will be enforced to the
maximum extent permissible, and the remaining provisions will remain in
force. Our failure to act with respect to a breach by you does not
waive our right to act with respect to subsequent or similar breaches.
We will not be liable for any delay or failure to perform resulting
directly or indirectly from any causes beyond our reasonable control.
Except as expressly stated otherwise, any notices will be given (a) by
certified mail, postage prepaid and return receipt requested to the
address provided below (in the case of notices to us); or (b) by e-mail
or certified mail to the address you provided to us during the
registration process (in the case of notices to you); (c) or such other
addresses as the parties may specify by giving proper notice under this
Agreement. Notice will be deemed given three (3) days after the date of
mailing, or, in the case of e-mail, one (1) hour after the time of
sending. You may not assign this Agreement to any third party, and any
purported attempt to do so will be null and void. We may freely assign
this Agreement. This Agreement sets forth the entire understanding and
agreement between you and us with respect to the subject matter hereof
and supersedes all prior agreements, communications, and
understandings, both written and oral, about its subject matter. You
agree that you have not relied on any representations that are not set
forth in this Agreement.
21. Contacting Us. To
contact us with any questions or concerns in connection with this
Agreement, or to provide any notices under this Agreement, please
contact us at email: terms@ocpworld.com. Postal Address:
OCP World Inc.,
Attn: Legal Dept.,
39120 Argonaut Way
#166
Fremont, CA 94538
Copyright © 2000-2003 OCP World, Inc. All rights reserved
OCP World, Inc. and its subsidiaries are not sponsored by or
agencies of Oracle Corporation. Oracle; OCP and/or Oracle Technology
products are Trademarks and/or Service marks of Oracle Corporation.
Talent Empowers your business is a Service mark of OCP World, Inc.,