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  • Introduction
  • Trademark Information
  • Permission
  • Links to Other Sites
  • Submission of Ideas
  • Warranties
  • Disclaimers
  • Indemnification
  • Effects of Violation by You
  • Governing Law
  • Miscellaneous

Introduction

Thank you for visiting WorkFountain.com. This web site (the “Site”) is owned and operated by Digerati Inc. (“Digerati,” “we,” “us,” or “our”). Our mission is to provide efficient employment opportunity connections between employers (“Employers”) and candidates (“Candidates”) and to provide related support services to college representatives and career advisors (“College Representatives”) and to the organizations that utilize our Talent Exchange service (“Portal Partners”). It’s important to us to deliver a high quality experience whenever you interact with us, maintain your trust, and provide you a clear understanding of our services, practices, and terms. We have rules for using our website (“Site”) and services (“Services”) that we share with you here.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE (“TERMS”). IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE. We have the right to change these Terms at any time, and you will be subject to the terms then in effect each time you use the Site.

The information you provide on the Site will be treated in accordance with our Privacy Policy, the terms of which are incorporated herein. ADDITIONAL TERMS AND CONDITIONS APPLY IF YOU REGISTER AS A USER OF THE SITE OR SERVICES (“REGISTERED USER”).

Trademark, Copyright and Proprietary Information

The trademarks, trade names, logos, service marks, trade dress, product configurations and packaging displayed on the Site are registered and unregistered trademarks of Digerati. All content of any kind on the Site, including interfaces, code, and the design and arrangement of content (collectively, the “Content”) is the property of Digerati or its licensors and is protected by copyright and other intellectual property laws. You have no right to use any trademark displayed in the Site without Digerati’s prior written permission.

You Have Limited Permission to Use the Site

As long as you comply with these Terms, Digerati grants you a personal, non-exclusive, revocable, non-transferable, limited license to enter and use the Site. You may visit, view, and use information on the Site for personal, informational, and non-commercial purposes only.

You may link to the Site as long as you do so through a text hyperlink to the homepage that includes the name WorkFountain without stylization and as long as you do not (1) connect the WorkFountain name with any other logos or graphics; (2) imply an endorsement by us of any party, product, or service; (3) misrepresent any relationship with us; (4) in any way harm the WorkFountain name or reputation; (5) associate the WorkFountain name with unfair, deceptive or libelous advertising or communication; (6) include content on your website that is or could reasonably be construed as illegal, distasteful, offensive, controversial, or not appropriate for all age groups; or (7) link to pages within the Site or replicate, frame, or create a browser environment around the Content.

You may not copy, reproduce, mirror, download, publish, modify, create derivative works from, exploit, or otherwise distribute or publish Content without our express written permission. You may download Content purposely made available by us for downloading from the Site as long as you use it only for your personal, non-commercial purposes, do not remove or change any of the Content, and do not make any representations relating to the Content.

You may not take any actions that (1) interfere with the proper working of the Site or transactions or interactions conducted on the Site; (2) result in a large load on the infrastructure of the Site or any systems or networks connected to the Site; (3) scan or test the vulnerability of the Site or any network connected to the Site; (4) breach security measures on the Site or any network connected to the Site; (5) reverse look-up, trace, or reveal any information on any user of the Site; (6) provide unauthorized access to any portion or feature of the Site, services offered on or through the Site, systems or networks connected to the Site, or any of our servers through any means, including hacking or password mining; (7) disguise the origin of any communications you send to or through the Site or impersonate someone else; (8) reproduce or circumvent the navigational structure or presentation of the Site or obtain any information through any means not purposely made available through the Site; or (9) attempt to do any of these things whether or not it has the described effect.

You may not use the Site or Services if you are a competitor or for purposes that are adverse to or competitive with Talent Exchange or Digerati.

Links to Other Sites

For your convenience, this Site may contain links to other websites that are not owned or controlled by us (“Linked Sites”). We do not endorse, warrant, or assume responsibility for the content, functionality, or practices of Linked Sites. You access Linked Sites at your own risk.

Submission of Ideas

We welcome your comments, but ask you to limit them to comments about your experiences with our Site, products, and services. To avoid potential disputes or misunderstandings regarding intellectual property ownership, please do not send us any unsolicited creative ideas, suggestions, or materials. If, despite our request, you send any of these things to us, then regardless of anything you say, write, or record to the contrary, you agree that (1) your submission and its contents will not be subject to confidentiality obligations and will automatically become our property; (2) we will have all rights to use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any way without compensation to you; and (3) we will in no way be prevented from the purchase, manufacture, or use of similar products, services, plans, ideas, and materials for any purpose whatsoever.

User Responsibilities, Representations, and Warranties

You are responsible for all activity on your account. You are solely responsible for determining (e.g., through interviews, background checks, and other appropriate means) whether a particular Employer or Candidate is a suitable fit for your needs. Employers are responsible for complying with all applicable employment and other laws in connection with their interactions with Candidates.

By using the Site or Services, you represent and warrant that (1) you are using your own legal name; (2) you are eighteen (18) yeas of age or older. (3) you have the right, authority, and capacity to agree to these terms; (4) all information you provide on the Site and in connection with the Services is accurate, current, and complete; and (4) you will abide by these terms. If any of the above representations or warranties are not true, do not register to use the Site or Services.

Disclaimers and Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SITE, CONTENT, OR THE SUITABILITY OF ANY USER OF OUR SITE AS EITHER AN EMPLOYER OR EMPLOYEE. WE DO NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE CONTENT, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IS ACCURATE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR PERFORMANCE OF THIS SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO STOP USING THE SITE.

Indemnification

YOU AGREE TO INDEMNIFY AND PROTECT AND HOLD US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, AND SUPPLIERS HARMLESS FROM LIABILITY, LOSS, CLAIMS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, FOR ANY CLAIMS AND LAWSUITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. THIS INCLUDES CLAIMS AND LAWSUITS BROUGHT UNDER ANY THEORY BY ANY THIRD PARTY.

Effects of Violation by You

We may, in our sole discretion and without prior notice, terminate your access to the Site if we determine that you have violated these Terms, any other agreement with us, any of our rights, or any applicable laws or regulations. You also agree that we will have rights to injunctive relief, in addition to any other remedies we may have at law or in equity, if you violate these Terms or infringe any of our intellectual property rights.

Governing Law and Dispute Resolution

All matters relating to your access to or use of the Site will be governed by and interpreted in accordance with the laws of Michigan, excluding its conflict of laws principles. You agree to the personal jurisdiction by and venue in the state and federal courts in Wayne County, Michigan, and waive any objection to such jurisdiction or venue.

Miscellaneous

If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited, eliminated, or replaced to the minimum extent necessary to effect the original intent, and all remaining provisions shall otherwise remain in full force and effect. These Terms constitute the entire agreement between us with regard to your use of the Site, and any other agreements or understandings between us with respect to such use are hereby excluded and cancelled.