Access and Use
HCM Consultants services are available only to individuals or entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. HCM Consultants may refuse our services to anyone at any time and reserves the right, in our sole discretion, to terminate your ability to access the site and/or any other service provided to you by HCM Consultants.
Proprietary Content and Use
HCM Consultants authorizes the User to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by HCM Consultants on this site (“Materials”) solely for your personal, non-commercial use.
All Materials included on this site are the property of HCM Consultants or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Materials on this site is the exclusive property of HCM Consultants and protected by U.S. and international copyright laws. All software used on this site is the property of HCM Consultants or its software or content suppliers and protected by U.S. and international copyright laws. Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express written permission of HCM Consultants. The use of the Materials on any other web site or in a networked computer environment is prohibited.
Trademarks, service marks, slogans, graphics, logos and service names of HCM Consultants used on this site may not be used in connection with any product or service that is not owned by HCM Consultants, in any manner that is likely to cause confusion among HCM Consultants clients, candidates or customers, or in any manner that disparages or discredits HCM Consultants. All other product and service marks contained on this Web site are the trademarks of their respective owners.
Prohibited Uses of Web Site
In connection with your use of the site, you will not:
Violate any local, state, and federal rules, regulations or statutes, including but not limited to anti-discrimination or equal opportunity employment laws.
Post, transmit, distribute, store, upload or destroy material (i) in violation of any applicable local, state, national or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
Post or transmit any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may invade another's right of privacy or publicity.
Impersonate any person or entity, including without limitation a HCM Consultants employee or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity.
Post or transmit any content that you do not have a right to use, disclose, reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure or confidentiality agreements).
Post any incomplete, false, or inaccurate information or information that is not for your own personal use in seeking employment on a full-time or part-time basis on your own behalf.
Respond to any employment opportunity on the Site for any reason other than to apply for the particular job. Communications soliciting an employer's business by competitors of HCM Consultants are prohibited.
Delete or modify any material posted by any other person or entity.
Print out, download or otherwise copy or use any personally identifiable information about candidates for employment other than you.
Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
Register an e-mail address which you do not own or do not have the express permission of the owner to register.
Violate or attempt to violate the security or integrity of the Site, including, without limitation:
accessing data not intended for the User or logging into or otherwise accessing a server or account which the User is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing";
attempting to decipher, decompile, disassemble or reverse engineer any of the content or software comprising or in any way making up a part of the Site;
sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of site, system or network security may result in civil or criminal liability. HCM Consultants may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You understand and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein submitted, uploaded or otherwise posted by you on the Site. You also understand and agree that your resume may be forwarded, transmitted or ported to third party clients of HCM Consultants or other third parties (which may include recruiters and placement consultants).
User Communications and Submissions
In the event that you transmit e-mail, instant messages or any other message, information, feedback, data, question, comments, suggestions, resumes (or material contained therein) or other items to this site (including the HCM Consultants.com domain), or to any related or affiliated site (“Content”), such Content shall become the property of HCM Consultants and may be utilized by HCM Consultants in connection with its operations, services and business, and HCM Consultants shall have the unrestricted right to any ideas, concepts, know-how, software, documentation, diagrams, drawings or techniques contained in your communication in any manner and for any purpose whatsoever including, but not limited to, developing, creating or marketing our products and services.
As a user of the site, you are responsible for your own communications and are responsible for the consequences of their transmittal or posting. HCM Consultants does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by any user or endorse any opinions expressed by any user. You acknowledge that any reliance on material posted or provided by other users will be at your own risk.
You understand and agree that by submitting Content to any public area of the site, including any message boards, forums, contests or chat rooms, you grant HCM Consultants and its affiliates the royalty-free, perpetual, irrevocable, 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 in 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 user to access, display, view, store and reproduce such Content for personal use.
Links to Third-Party Sites
This site contains links to third-party web sites. These links are provided solely as a convenience to you and the inclusion of any such link to a third-party site does not imply endorsement by HCM Consultants of such third-party site or the contents thereof. HCM Consultants is not responsible for the contents of any linked third-party site or any link contained in such linked third-party site, and makes no representations or warranties, express or implied, regarding the contents or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Assumption of Risk
Disclaimer and Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY HCM CONSULTANTS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. HCM CONSULTANTS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST HCM CONSULTANTS AS THE SYSTEM PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THIS SITE. HCM CONSULTANTS MAKES NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY EMPLOYMENT VIA THIS SITE, NOR ANY WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYMENT YOU MAY OBTAIN.
HCM CONSULTANTS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, TRUTHFULNESS OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY OTHER MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL HCM CONSULTANTS BE LIABLE FOR ANY LOST OPPORTUNITIES, INCOME OR REVENUE OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF HCM CONSULTANTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN HCM CONSULTANTS'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS ARISING FROM THE USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S. $100.00.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration. Such arbitration shall be conducted under the then current Consumer Arbitration Rules of the American Arbitration Association (the “AAA”) in Denver, CO. The arbitrator shall provide findings of fact and conclusions of law with any arbitral award. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.