Terms of Use
1. ACCEPTANCE
Terms of Use: Welcome to www.evunix.com (the “Website”). Evunix is committed to safeguarding the privacy of the users of its Website. This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms of use and conditions listed in this Notice, please do not use the Website. Evunix Inc. and its subsidiaries (“Evunix”) reserve the right to update this Notice from time to time at its sole discretion. You should review this Notice periodically for updates and changes.
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2. ELIGIBILITY
The Website and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Website is not available to minors. If you are a minor, please do not use the Website.
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3. USER SUBMISSIONS
The Website provides a forum for you to obtain employment and career information. By submitting or entering your information to the Website (“Submitted Material”), you agree that you grant Evunix a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.
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You acknowledge and accept that Evunix is only a passive forum for users to obtain employment and career information. Evunix does not screen or monitor any Submitted Materials. Evunix, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Evunix reserves the right, in its sole discretion, to delete, remove, and refuse to display or block any Submitted Materials that Evunix considers to be unacceptable. In the event Evunix receives notification regarding any unacceptable Submitted Materials, Evunix may investigate such materials, at its sole discretion.
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You acknowledge and agree that Evunix may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if Evunix believes that it is necessary to (i) protect the integrity of the Site; (ii) protect the rights of Evunix; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Evunix’s claim under this Notice; and (vi) satisfy any claims regarding violations of third party’s rights.
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4. PRIVACY
Please click here for more details regarding our Website Privacy Policy.
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5. LICENSE
Evunix grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Website solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Website, including, but not limited to: text, documents, graphics, images, audio, sound, video, artwork, software, and HTML code (collectively, the “Material”) are the exclusive property of Evunix or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, download, copy, modify, distribute, display, delete, store, reproduce, publish, transmit, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Evunix’s prior written consent.
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All trademarks, service marks, and logos (the “Marks”) displayed on the Website are the exclusive property of Evunix and their respective owners. You shall not use the Marks in any manner without Evunix’s and their respective owners’ prior written consent.
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6. GENERAL PROHIBITION
In connection with your Use, you agree NOT to:
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Violate any local, state, and federal rules, regulations, and statutes, including, but not limited to U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
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Infringe any intellectual property and privacy rights, including, but not limited to, patent, trademark, copyright, or trade secrets, of any third party;
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Upload, transmit, post, or store any material that:
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Is unlawful, offensive, defamatory, harmful, fraudulent, deceptive, misleading, threatening, obscene, harassing, or objectionable;
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Breaches any of your contractual or confidentiality obligations;
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Disrupts or interferes with the normal operations of the Website, such as transmitting or posting viruses, posting abnormally large loads, or continuous posting of repetitive materials;
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Are not permitted by Evunix, including, but not limited to, any unsolicited promotional materials, unauthorized advertising materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
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Use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Website or any Material without Evunix’s prior written consent;
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Violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;
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Copy, modify, download, reproduce, delete, transmit, distribute, store, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
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Post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
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A breach or attempt to breach any security measures of the Website;
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Access or attempt to access any account or login of any third party listed on the Website;
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Forge any header information in any electronic posting or mail;
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Impersonate any person or entity; or
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Misrepresent yourself, your affiliation with any third party, or your entity.
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7. SPECIFIC USAGE AND RESPONSIBILITIES
In addition to the general responsibilities listed in Section 6, you further agree to comply with the following terms:
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Use the Website only for lawful purposes in searching for employment opportunities and career information;
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Provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
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Post materials for which you have all the necessary rights or licenses;
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Use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Website; and
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Bear the risks of any reliance or use of any Materials or any information provided by any third party.
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8. LINKS TO THIRD PARTY
The Website may have links, such as hyperlinks or buttons, directing access to third party’s websites (“Linked Sites”). The Linked Sites may not be controlled or monitored by Evunix. Evunix shall not be responsible for any materials, information, or content posted on said Linked Sites. Evunix includes the Linked Sites solely for the convenience of its Users. The inclusion of the Linked Sites on the Website does not imply any relationship or association between Evunix and the owners of the Linked Sites or any endorsement or sponsorship by Evunix of the Linked Sites. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.
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9. EMPLOYMENT
You understand and agree that Evunix (a) does not warrant that you will receive any employment or job offers through the Website; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.
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10. ACCOUNT AND PASSWORD
The Website may present you with opportunities to open an account with the Website. If you open an account with the Website, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password, and (c) promptly notify Evunix if there is any unauthorized use of your account or any breach of security.
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11. INDEMNIFICATION
You agree to indemnify, defend, and hold Evunix, its parents, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Website, your Submitted Materials, or your violation of any terms and conditions of this Notice.
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12. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE WEBSITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROPERTY DAMAGES, PHYSICAL HARM, FINANCIAL LOSS, DEALING WITH OTHER USERS OF THE WEBSITE, MINORS, STRANGERS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE EVUNIX, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE WEBSITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE WEBSITE. YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT EVUNIX, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF EVUNIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, EVUNIX’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $15.
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13. DISCLAIMER
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS TO THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (B) EVUNIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE. (C) EVUNIX EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE WEBSITE AND ITS MATERIALS WILL BE VIRUS-FREE OR ERROR-FREE; (II) THE WEBSITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (III) THE WEBSITE WILL MEET YOUR REQUIREMENTS AND BE SECURE: (IV) THE RELIABILITY, VALIDITY, ACCURACY, COMPLETENESS, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.
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14. TERMINATION
Evunix has the right, in its sole discretion, to terminate any services of the Website and remove any Materials from the Website at any time. Evunix may also terminate for any reason, your access to all or any part of the services provided by Evunix on the Website at any time, with or without cause or notice. In order to terminate your account, you may only cease your Use of the Website. Evunix shall not be responsible for maintaining or returning any of your Submitted Materials, your account, or your logon and password. You should always maintain a copy of all your Submitted Materials.
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15. GENERAL
You agree that there is no employment, partnership, agency, or joint venture relationship between you and Evunix arising out of or resulting from your Use of the Website. This Notice constitutes the entire agreement between you and Evunix governing your Use of the Website and is additional to any binding agreement between you and Evunix. This Notice is governed by the laws of the State of Illinois, United States of America, without giving effect to any principles of conflict of laws. Evunix does not warrant that this Website will be lawful outside the United States. If you view, access, submit, or download materials to and from the Website outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such terms. Sections 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, and 15 shall survive any termination of this Notice for any reason.
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Terms of use last updated: May 17th, 2022. If you need more information regarding the Website or this Notice, please contact:
MAILING ADDRESS
Evunix Inc.
39899 Balentine Dr., Ste 200
Newark CA 94560