Terms of Use

TERMS OF USE / DISCLAIMERS :

Usage of this website constitutes acceptance of the following terms and conditions:

Employers or recruitment agencies may have entered into a Service Agreement with Energy Placement Inc for the provision of recruitment services and or advertising services. The following terms and conditions are part of, and incorporated into any such Service Agreement.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL ENERGY PLACEMENT INC (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, EXECUTIVES, ADVERTISERS OR SPONSORS) BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, IN-DIRECT, INCIDENTAL AND CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, LOSS, LIABILITY OR EXPENSE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS THE SITE AND/OR ANY DOCUMENT, OR ANY SERVICE PURCHASED, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERGY PLACEMENT INC IS ADVISED OF THE POTENTIAL OF SUCH DAMAGES. IF ANY LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON INCLUDING WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED BY LAW, THE MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 (one hunderd united states dollars) MAXIMUM IN THE AGGREGATE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND FOR INFORMATION OR DOCUMENTS YOU POST TO IT, INCLUDING INFORMATION SENT TO ANY LOCATIONS ADVERTISED ON, AVAILABLE FROM OR VIA THE SITE INCLUDING EMAIL ADDRESSES, FAX NUMBERS, TELEPHONE NUMBERS.

Loss, liability or damage suffered or incurred arising out of, or in connection with any access to, lack of access to, or use of this website or any of its content includes, but is not limilted to, having no liability for or responsibility for/for the:

  • Quality or quantity of job applicants, customers or enquiries arising from a job advertisement, or any other form of advertisement.
  • Content or accuracy of information published on the website howsoever or contained in job application e-mails or enquiries or responses to advertisements of any kind as appear.
  • Appointment of a candidate or lack of appointment of a candiate.
  • Representations regarding the effectiveness or timeliness of the website/service. No specific results are guaranteed or promised.
  • Suitability, conduct, performance, actions of a candidate sourced via this site.
  • Third party actions as a result of a job advertisement or other advertisement posted on the site.
  • A failure to use the webite correctly.
  • Activities, omissions or other conduct of users.
  • No obligation to screen communications or information.
  • No representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted or otherwise seen published directly, indirectly, by third party advertisers or howsoever.
  • Any reliance on, or decision made on the basis of, information or material shown on or omitted from this website.
  • Any representation or otherwise in respect to the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this website.
  • No responsibility or liability for the deletion of, or failure to store any material submitted, including job descriptions or other data.
  • No responsibility to communicate with site visitors including job applicants both enquiring about or applying to any job seen advertised. We thank all candidates for their interest, however only those selected may be contacted.
  • Unauthorized access to the site, system, database, servers.
  • Any errors, faults, delays, interruptions or lack of availability of this website and any part of, which may occur due to intermittent failure of the website or the need for repairs, maintenance or the introduction of new functions, facilities or services.
  • Internet technical difficulties including internet network downtime, energyplacement.com server downtime, server service providor end technical difficulties.
  • Any form of malicious attack to website, system, database, server, server service providor, including hacking, badware and any other form.
  • Any representation that data provided through this website will be free of worms, viruses, trojan horses or any other electronic or computer code that may adversely affect any communication.
  • Malicious e-mail content including viruses, spyware, adware, trojan horse, malicious code, badware or any other electronic threat delivered or received as a result of, or in connection with the use of this site, including pornographic, adult, junk email, SPAM email or otherwise objectionable material.
  • Any commerical solicitations or any solicitations of any kind delivered or received as a result of, or in connection with the use of this site.
  • External content howsoever; information or material carried on any website operated by a third party which may be accessed from this website by links or otherwise.
  • Any communications with, dealings or business you have with any party advertising on this website are solely between yourself and that party. We have no liability whatsoever and you acknowledge and agree that Energy Placement Inc shall not be responsible for any loss or damage associated with your actions such.
  • Security of information transmitted over the internet. We do not guarantee or warrant the security of any information you transmit to us over the internet. You transmit information at your own risk. You understand and accept that transmissions over the internet cannot be guaranteed to be 100% secure.
  • Unauthorized third party access / logon to account where relevant. Robust and unique password is your responsibility.

DISCLAIMER OF WARRANTY:

ENERGY PLACEMENT INC MAKES NO EXPRESS OR IMPLIED WARRANY OF ANY KIND WHATSOEVER.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ENERGY PLACEMENT INC MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, SUITABILITY OR OPERATION OF THIS WEBSITE ANY SERVICES WE MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGY PLACEMENT INC DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE. ENERGY PLACEMENT INC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS, COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE OR CONNECTED TO USE OF THE SITE IN ANY WAY, INCLUDING YOUR RECEIPT OF COMMUNICATIONS FROM VISITORS TO THE SITE BY EMAIL OR HOWSOEVER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN PROVIDED BY ENERGY PLACEMENT INC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, EXECUTIVES, ADVERTISERS OR SPONSORS CREATES ANY WARRANTY. WE DO NOT GUARANTEE OR PROMISE RESULTS SPECIFIC OR OTHERWISE ARRISING FROM USE OF THE SITE OR RELATED SERVICES HOWSOEVER. WE DO NOT WARRANT THE TECHNICAL SECURITY OF THE SITE OR OF ITS SERVERS. ENERGY PLACEMENT INC MAKES NO CLAIM, ENDORSEMENT, WARRANTY OR REPRESENTATION AS TO THE SERVICES OF OTHER PRODUCT OR SERVICE PROVIDERS THAT MAY BE ADVERTISED ON OR ACCESSIBLE TO VIA THIS SITE WHETHER BY HYPERLINK OR OTHERWISE. WE MAKE NO WARRANTIES REGARDING RESPONSES TO COMMUNICATIONS RECEIVED OR TO COMMUNICATIONS ARISING IN CONNECTION TO USE OF THIS SITE. NEITHER ENERGY PLACEMENT INC NOR ANY SITE ADVERTISER IS UNDER ANY OBLIGATION TO RESPOND TO COMMUNICATIONS IT RECEIVES, WHETHER JOB APPLICATIONS, ENQUIRIES OR COMMUNICATIONS OF ANY KIND. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND ANY RELIANCE UPON.

INDEMNITY:

You agree to defend, indemnify, and hold harmless Energy Placement Inc including any of its officers, directors, employees, agents, affiliates, licensors or executives from and against any third party claims, actions or demands including, without limitation any costs, damages and reasonable legal and accounting fees alleging or resulting from or connected in anyway with your use of this website, including any content, document or information posted to it, or provided by email or faxed to an address seen quoted or advertised on it, transmited or otherwise made available to or through the service, or your breach of this Agreement.

INTELLECTUAL PROPERTY:

This website and all rights, title and interest in this website and to this website is the sole property of Energy Placement Inc. All rights, title and interest reserved. This site is protected by U.S. copyright and international copyright law and treaties. You may not copy, display, reproduce, modify, sell or distribute the content of this website or its associated computer code or use such in any way whether for commercial purpose or otherwise howsoever.

ACCEPTABLE USE POLICY:

You must only use the services provided through this website for their intended purpose at our sole interpretation.

You must NOT use the services provided by this website to:

  • Send, upload, display, publish, email, disseminate or otherwise make available any unlawful, discriminatory, harassing, libellous, defamatory, abusive, threatening, harmful, offensive, obscene, pornographic, tortious or otherwise objectionable material, or that would constitute or encourage a criminal offense, violate the rights of another party, create liability or otherwise breach or violate any laws.
  • Display or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise may breach any applicable laws, regulations or code of practice.
  • Post or publish material that infringes on or misappropriates the intellectual property rights of others, or violates the privacy, publicity or rights of others.
  • Send, upload, display, publish, email or otherwise make available material which infringes any intellectual property rights, such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party unless you own such copyright or rights and have the owner's permission to post the material.
  • Send, upload, display, publish, email or otherwise make available any material that you do not have a right to make available under any law, contractual or fiduciary relationships.
  • Send, upload, display, publish, email or otherwise make available any unsolicited or unauthorized advertising or promotional material.
  • Send, upload, display, publish, email or otherwise make available any junk mail, SPAM, chain letters, pyramid sales or other such type schemes, or any other form of solicitation, including solicitation for any funds/monies, goods, services, personal or confidential information.
  • Send, upload, display, publish, email or otherwise make available any material containing viruses, spyware, trojans or any other electronic code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of the website or any part of, database, server, software or hardware, network or any systems associated equipment.
  • Obtain unauthorized access to, or interfere with the performance of the website or servers.
  • Interfere with any other person's privacy, use of or enjoyment of this website.
  • Misrepresent yourself fraudulently or otherwise to be an officer or a representative of an entity which you are not, or to state or imply that you have an affiliation with a company, entity or group which you do not have bona fide.
  • Disguise the origin of material, communications or information posted to or transmitted through or referenced as from or with reference to the website, service or company Energy Placement Inc., whether by forging message/packet headers or otherwise manipulating normal identification information.
  • Post job adverts that contain URLs, links, hyperlinks to other websites, hidden keywords or phrases, use invisible text or otherwise hide content from the viewer.
  • Abuse any posted job editing facility provided.
  • Express or imply any affiliation to, or endorsement from Energy Placement Inc, that is not authorized by Energy Placement Inc.

You agree to and accept:

  • In order to guard against fraud, it is your responsibility to use a robust password and to keep such password confidential.
  • Job posting accounts of type "unrestricted" or "unlimited" are subject to these entire terms and conditions of use and disclaimers.
  • Job adverts must be in respect to a single individual job position and must not be a summary list of multiple job openings/multiple positions within one job posting.
  • You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

NO RESALE, NO UNAUTHORIZED COMMERCIAL USE,

NO TRANSFER OF ACCESS TO UNAUTHORIZED OR THIRD PARTY:

You agree not to resell or assign your rights or obligations under these Terms. You agree not to resell access provided to this site in any way or to make any unauthorized use of. You agree not to copy, reproduce, sell or resell, trade, exchange or exploit for commercial or any other purpose, any content, material, part, portion or aspect of the service provided, use of the service, or access to the service, including log on and password.

RIGHTS RESERVED: Energy Placement Inc reserves all rights and rights not limited to:

We may suspend or cancel your account immediately and without notice at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. Cause for suspension or termination of account where exists includes, but is not limited to:

  • Breaches or violations of these terms and conditions or any other terms and conditions which exist incorporated with these terms under seperate or allied agreement with Energy Placement Inc.
  • Account inactivity over an extended period.
  • Technical problems or security issues.
  • Discontinuation of service provided.
  • Late payment of monies owed and non-payment of monies owed for commercial services as billed.
  • Fraudulent or illegal activities and unethical conduct.
  • We may require you to change your password.
  • We reserve the right to move a job advert to another category, sub-category, region or to un-publish, delete or edit material or content which is in breach of terms and conditions.
  • We reserve the right to change any and all functionality of the website, or content contained on, at any time and without notice.
  • We reserve the right to modify or discontinue the service or any part thereof, whether temporarily or permanently and without notice.
  • We reserve the right to change these terms and conditions at any time and without notice. It is your responsibility to stay abreast of current terms and conditions as made available and published here.

Payment for Service on Cancellation or Termination of Service Agreement:

At any time during the course of this agreement should you (also referred to as the "Client") cancel or terminate a service agreement in which these Terms and Conditions are part of and incorporated into, the client remains liable for the full cost of service used up to the date of cancellation or termination and Energy Placement Inc. reserves the right to receive payment for fifty percent (50%) of the value of any remaining unused portion of the Service Agreement.

Discretionary Late/Overdue Payment Fee:

Energy Placement Inc (also referred to as the "Company") retains at its sole discretion the right to charge interest (fee) on late/overdue payments. The date of activation of any late/overdue fee shall be at the sole discretion of the company. Late/overdue payment fee shall be calculated and accrue as follows: 1.5% per month /daily interest rate 0.0493%

SECURITY:

Users and visitors to this website are prohibited from violating or attempting to violate the security of, technical integrity and performance of the site, software, database, systems, servers, network, including but not limited to:

  • Accessing the website or data in a manner they are not authorized to do so, including logging into a server or on to an account which the user or visitor is not authorized to access.
  • Testing the vulnerability of the website, software, system, servers or network, hacking or accessing into without authorization from Energy Placement Inc.
  • Interfering or attempting to interfere with the website or service available to any user.
  • Submitting or introducing by any means any virus or other electronic threat to the website, system, software, hardware, server, network, email addresses or contacts associated with or published on, including activities known as "overloading", "mailbombing", "flooding", "phishing" and "crashing"

GOVERNING LAW:

These terms and conditions are governed by and construed in accordance with the laws of the state of California. You accept and hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or connected to these terms and conditions.

WAIVER AND SEVERABILITY OF TERMS:

The failure of Energy Placement Inc. to exercise or enforce any of these terms and conditions of use does not imply any waiver of these terms and conditions. Lack of enforcement of any right or provision under these terms shall not constitute a waiver of such right. If any provision of these terms of use, conditions or discalimers is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

2007 Energy Placement Inc. All Rights Reserved


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