ASIAN PROFESSIONAL STAFFING ENTERPRISES
TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ACCEPTANCE: Welcome to the Internet site (the "Site") of Asian Professional Staffing Enterprise ("We", "APSE" or the "Company"). This page states the terms and conditions for use of the Site. By accessing, browsing or using the Site, all users and viewers ("You," "you," "User," or "user") agree to be bound by the terms and conditions of this online services agreement (as modified from time-to-time, the "Agreement"). If you do not agree to abide by this Agreement, do not use the Site or download materials from the Site. APSE may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. Your continued access or use of the Site after any such modification shall be deemed your conclusive acceptance of the modified Agreement. ELIGIBILITY: The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site. If you do not qualify, please do not use our services. In addition, ASPE may refuse our services to anyone at any time, in our sole discretion. STATEMENT OF POLICY: The contents of the Site such as text, graphics, images, information obtained from the Company's licensors and contractors, and other material ("Content") contained on the Site are as the exclusive property of the Company. The Company will use reasonable efforts to include accurate and up-to-date information, but makes no warranties or representations as to its accuracy or completeness. The Company shall not be liable for damages of any kind arising out of your access or inability to access the Site or your reliance on the information contained within the Site. Clicking on certain links within the Site may take you to other Web sites for which the Company takes no responsibility. The Company collects information that can identify you only when it is voluntarily offered. The Company uses this information in accordance with its Privacy Policy, which is located on the Site. The Company may request personal information when you sign up for our services, including your name, email address, and any other information it deems necessary in order to assist you in your search for suitable employment opportunities. Other than as set forth herein or in the Privacy Policy, we will not disclose any of your personal information unless you authorize us to do so, the law requires it, or to protect the rights or property of the Company. DISCLAIMER: The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium, which is beyond the control and jurisdiction of the Company, its affiliates, licensors, contractors and suppliers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. APSE cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. APSE does not warrant or guarantee that the functions or services performed in the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Users of the Site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Site for the reconstruction of any lost data. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT THE COMPANY IS NOT IN ANY WAY LIABLE FOR LOSS OF DATA OR ANY OTHER DAMAGE TO YOUR HAR! DWARE OR SOFTWARE ARISING IN ANY WAY OUT OF THE USE OF THE SITE OR ANY OF THE CONTENT. The Site and the Content are provided on an "as is" basis. APSE, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIAL ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. APSE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIAL OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. APSE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. APSE may make any other changes to the Site, the Content and the products, programs, services or prices (if any) described in the Site at any time without notice. LIMITED LICENSE: The Content is copyrighted as a collective work under the laws of United States and other copyright laws. The Company holds the copyright in the collective work. The collective work includes works that are the property of contractors, licensors and other third-party information providers and which are also protected by copyright and other intellectual property laws. Subject to the terms and conditions set forth in this Agreement, the Company grants you a non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the Content solely for your personal and non-commercial use. The Content may not be otherwise used, copied and/or modified. This authorization is not a transfer of title in any of the Content. Except as expressly permitted herein, you agree not to use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Content or any portion thereof. You further agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including the Content, is copyrighted and protected by United States and other copyright laws. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content or any portion thereof. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. SPECIFIC USAGE AND RESPONSIBILITIES: In addition to the general responsibilities listed herein, you further agree to comply with the following terms. You specifically agree to: a) use the Site and the services of APSE only for lawful purposes in searching for employment opportunities; b) provide and maintain complete, correct, up-to-date and accurate information on any material submitted by you including resumes, employment applications, etc&Mac183; c) not submit materials which violate the rights of others; and d) rely on your own judgment in evaluating job opportunities or other information obtained from the Site or APSE. INFORMATION PROVIDED BY YOU: You understand and agree that you are solely responsible for the form, content, and accuracy of any resume, employment application or other material submitted, uploaded, or otherwise posted by you on the Site. Any information you send to APSE must be truthful, legal, and not violate the rights of others. Further, any non-personal information, communications or material you send to APSE via electronic mail ("email") are on a nonconfidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. APSE reserves the right to use comments provided by participants on bulletin boards, chat rooms or other mediums as part of our promotion and marketing ON-LINE COMMUNICATIONS: Your participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by APSE. APSE cannot and does not screen content provided by you or any other user of the Site. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors and APSE takes no responsibility for any views expressed therein. You may send and receive email, engage in conferences and c! hats, download and upload files and otherwise use the Site as permitted by this Agreement and applicable law. The Company does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible for the content of these communications and materials. EMPLOYMENT: You understand and agree that APSE (a) does not warrant that you will receive any employment or job offers through the Site; (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, jobngs and employment listings; and (e) UNLESS you enter into an employment or agency agreement with ASPE, is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any information provided by any third party. APSE is not to be considered an employer with respect to your use of the Site and shall not be responsible for any employment decisions made, for whatever reason, by any entity posting employment opportunities or other information on the Site. In addition, nothing in this Agreement shall be construed to guarantee employment for any user for any particular period of time. Further, User acknowledges and agrees that no joint venture, partnership, employment or agency relationship exists between User and ASPE as a result of this Agreement or your use of the Site. LINKS TO THIRD PARTY SITES: As a convenience to you, the Company may provide, on the Site, links to Web sites operated by other persons or entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. APSE does not endorse the content on any third-party websites. APSE is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites! is at your own risk and subject to the terms and conditions of use for such sites. APSE does not endorse any product advertised on the Site. PRIVACY POLICY: Our Web site Privacy Policy is located on the Site. INDEMNIFICATION: You agree to indemnify, defend and hold harmless APSE and its officers, directors, employees, agents, affiliates, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or misuse of the Site including, without limitation, (i) posting material that infringes on the intellectual property rights of others; (ii) posting material that is abusive, unlawful, defamatory, obscene or otherwise offensive; or (iii) conduct that exposes APSE or its employees, affiliates, contractors or licensors to any liability of any type. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree to assume all risks associated with, arising out of, or resulting from your use of the Site or any materials obtained therefrom, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree that neither APSE nor its employees, contractors, licensors, agents, affiliates, information providers ! or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against APSE, its employees, contractors, licensors, agents, affiliates, information providers or suppliers for losses or damages you sustain in connection with your use of the Site. Notwithstanding the foregoing paragraph, the total liability of APSE and its employees, contractors, licensors, agents, affiliates, information providers and suppliers, if any, for losses or damages shall not exceed the fees, if any, paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the Site or related services are hereby excluded even if APSE or its employees, contractors, licensors, agents, affiliates, information providers or suppliers have been advised of the possibility of such damages. GENERAL: The Site is controlled and operated by the Company from its offices within the state of Texas, United States of America. The Company makes no representation that the Site or any of the Content is appropriate or available for use outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any of the Content in violation of U.S. export laws and regulations. Any claim relating to the Site or any of the Content shall be governed by the substantive laws of the State of Texas, U.S.A., without giving effect to any principles of conflicts of laws. You expressly agree that any dispute with the Company or any claim in any way relating to the Agreement, the Content or your use of the Site shall be governed by the substantive laws of the State of Florida, U.S.A., without giving effect to any principles of conflicts of laws. The parties hereby consent to the exclusive jurisdiction and venue in the state or federal courts located in San Antonio, Texas, U.S.A. in connection with any action or dispute arising out of the Agreement or your use of the Site including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, licensors, telecommunication providers and content providers. The parties further agree to waive their right, if any, to a trial by jury. If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term. COMPLETE AGREEMENT: Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions constitute the entire agreement between you and APSE with respect to the use of the Site and Content. Your use of the Site is also subject to the APSE Privacy Policy. Thank you for visiting the Site. We hope you find the Site helpful and convenient to use! Questions or comments regarding the Site should be directed to APSE by filling out the contact form on this site.