Introduction
This page states the "Terms and Conditions" under which you may use the HVS Assessment™. Please read this
page carefully. If you do not accept the Terms and Conditions stated here, do not
use this web site and service. By using this web site, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions. Hotel Appraisals,
LLC, d/b/a hvsleadershipassessment.com (the "Company") may revise these Terms
and Conditions at any time by updating this posting. You should visit this page
periodically to review the Terms and Conditions, because they are binding on you.
The terms "You" and "User" as used herein refer to all individuals and/or entities
accessing this web site for any reason.
Use of Material
The Company authorizes you to view and download a single copy of the material on
HVSleadershipassessment.com (The "Web Site") solely for your personal, noncommercial
use.
The contents of this Web Site ("material"), including, but not limited to, text,
graphics, images, logos, button icons, software and the like, are protected under
both United States and foreign copyright, trademark and other laws. All Material
is the property of the Company and its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on this Web Site
is the exclusive property of the Company and protected by U.S. and International
copyright laws. Unauthorized use of the Material may violate copyright, trademark,
service-mark and other proprietary notices contained in the original Material on
any copy you make of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any way
for any public or commercial purpose. The use of the Material on any other web site
or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code (the "Address") that the Company creates
to generate its pages. The Address is also protected by the Company's copyright.
Acceptable Site Use
General Rules: Users may not use the Web Site in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or regulation, (b) in
a manner that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules: Users are prohibited from violating or attempting to violate
the security of the Web Site, including, without limitation, (a) accessing data
not intended for such user or logging into a server or account which the user is
not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user, host
or network, including, without limitation, submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing" the web site, (d) sending unsolicited
e-mail, including promotions and/or advertising of products or services, or (e)
forging any TCP/IP packet header or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. The Company will investigate
occurrences which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals who have been instructed
by HVS Assessment corporate sponsors to take their specific HVS Assessment™ profile. The Company specifically prohibits any use of the Web
Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate information.
Posting any franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement of another business opportunity which requires
an up front or periodic payment, pays commissions only (no significant salary),
or requires recruitment of other members, sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or entity.
Using any device, software, or routine to interfere or attempt to interfere with
the proper working of this Web Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large load
on this Web Site's infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing
or sharing your password with any third parties or using your password for any unauthorized
purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to
use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, worms, avators or intelligent agents) to navigate
or search this Web site other than the search engine and search agents available
from the Companies on this Web Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Web Site.
User Information
When you register for the Web site, you will be asked to provide the Company with
certain information including, without limitation, a valid e-mail address (your
"Information"). In addition to the terms and conditions that may be set forth in
any privacy policy on this Web Site, you understand and agree that the Company may
disclose to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. The Company will not disclose to any
third party your name, address, e-mail address or telephone number without your
prior consent, except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is relevant. The Company reserves
the right to offer third party services and products to you based on the preferences
that you identify in your registration and at any time thereafter; such offers may
be made by the Company or by third parties. Please see the Company's Privacy Policy
for further details regarding your Information.
User Submissions
As a user, you are responsible for your own communications and are responsible for
the consequences of their posting. You must not, and by using this Web Site you
agree not to, do the following things: post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others; post material that is
obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to
another user or any other person or entity; post a sexually-explicit image or statement;
post advertisements or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines or
engines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability
of communications posted by users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be at your
own risk.
The Company acts as a passive conduct 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 material
posted by users. If notified by a user of communications which allegedly do not
conform to these Terms and Conditions, the Company may investigate the allegation
and determine in good faith and its sole discretion whether to remove or request
the removal of the communication. The Company has no liability or responsibility
to users for performance or nonperformance of such activities. The Company reserves
the right to expel users and prevent their further access to the Web Site for violating
the Terms and Conditions or the law and the right to remove communications which
are abusive, illegal, or disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary or appropriate in its sole
discretion if it believes it may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of its Internet Service Providers
(aka "ISPs") or other suppliers.
By submitting content to any public on non-public area of the Web Site, you grant
the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content (in whole
or part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any rights that may
exist in such content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license stated
above. You also permit any subscriber to access, display, view, store and reproduce
such content for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such content.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not authorized
by you. You agree to immediately notify the Company of any unauthorized use of your
registration or password.
The Company's Liability
HVSleadershipassessment.com is only a venue. The Web site acts as a venue for employers
to assess candidates and does not screen or censor the listings offered. The Company
is not involved in the actual transaction between employers and candidates. In addition,
note that there are risks, including but not limited to the risk of physical harm,
of dealing with strangers, foreign nationals, underage persons or people acting
under false pretenses. You assume all risks associated with dealing with other users
with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, the HVS Assessment
cannot and does not confirm that each user is who they claim to be. Because we do
not and cannot be involved in user-to-user dealings or control the behavior of participants
on the HVS Assessment, in the event that you have a dispute with one
or more users, you release the Company (and its agents and employees) from claims,
demands and damages (actual and consequential, direct and indirect) of very kind
and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code &1542, which says: "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."
We are under no legal obligation to, and generally do not, control the information
provided by other users which is made available through the Web Site. By its very
nature, other people's information may be offensive, harmful or deceptively labeled.
We expect that you will use caution and common sense when using the Web Site.
The Material may contain inaccuracies or typographical errors. The Company makes
no representations about the accuracy, reliability, completeness, or timeliness
of the Web Site or the Material. The use of the Web Site and the Material is at
your own risk. Changes are periodically made to the Web Site and may be made at
any time.
You acknowledge and agree that you are solely responsible for the form, content and
accuracy of any resume or material contained therein placed by you on the Web Site.
Employers are solely responsible for their postings on the Web Site.
The Company is not to be considered an employer with respect to your use of the Web
Site and the company shall not be responsible for any employment decisions, for
whatever reason made, made by any entity posting jobs on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY, TO THE FULLEST EXTEND PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MECHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE
WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDICENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRPUTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND
THE MATERIAL WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site contains links to third party web sites. These links are provided solely
as a convenience to you and not as an endorsement by the Company of the contents
on such third-party Web sites. The Company is not responsible for the content of
linked third-party sites and does not make any representations regarding the content
or accuracy of materials on such third party Web sites. If you decide to access
linked third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of
Use. You also agree not to make any unauthorized commercial use of the Web Site.
Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use
of the Materials is limited to $100.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from this Web Site
and immediate termination of your registration with or ability to access the Web
Site and/or any other service provided to you by the Company, upon any breach by
you of these Terms and Conditions or if the Company is unable to verify or authenticate
any information you submit to the Web Site registration with or ability to access
the Web Site.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting from
your use of the Material for your breach of the terms of these Terms and Conditions.
The Company shall provide notice to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending any such claim, suit or proceeding.
General
If you access the Web Site from outside the United States, you are responsible for
compliance with the laws of your jurisdiction. These Terms and Conditions are governed
by the internal substantive laws of the State of New York, without respect to its
conflict of laws principles. Jurisdiction for any claims arising under the agreement
shall lie exclusively with the state or federal courts within New York, New York.
If any provision of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions, which shall
remain in full force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term. Except
as expressly provided in additional terms of use for areas of the Web Site a particular
"Legal Notice," or Software License or material on particular Web pages, these Terms
and Conditions constitute the entire agreement between you and the Companies with
respect to the use of Web Site. No changes to these Terms and Conditions shall be
made except by a revised posting on this page.
Additional Terms of Use
Certain areas of this Web Site are subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.