The following are the terms on which Options/Resource Careers ("OptionsRC") offers you access to its web site to post items for sale as a registered user (the "Service"). You must complete the registration form and accept the terms of this Agreement prior to being able to post items on the OptionsRC web site.
We may amend this Agreement at any time by posting the amended terms on the OptionsRC web site. This Agreement may not be otherwise amended except in a writing signed by you and OptionsRC.
1. ELIGIBILITY
Our posting services are available only to individuals who can form legally binding contracts under applicable law, complete the registration form and accept the terms of this Agreement. Without limiting the foregoing, the posting services are not available to minors or to temporarily or indefinitely suspended OptionsRC members.
2. SERVICE
OptionsRC does not charge registered users to post items on its web site. The OptionsRC web site and the services provided by OptionsRC are only intended to serve as a venue to allow any register user to offer to post and access information posted on the website. As a result, you acknowledge that OptionsRC has no control over the quality, safety or legality of the information and content provided and the truth or accuracy of the postings.
Because user authentication on the Internet is difficult, OptionsRC cannot and does not confirm each user's purported identity.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, ordinance or regulation;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
3. CONTENT
You understand that all information, data, text, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OptionsRC, are entirely responsible for all Content that you upload, post, download, email, transmit or otherwise make available or receive via the Service. OptionsRC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will OptionsRC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
OptionsRC does not claim ownership of Content submitted or made available on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant OptionsRC the following world wide, royalty free and non exclusive license(s), as applicable:
With respect to Content you submit or make available, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Content. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or OptionsRC removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or OptionsRC removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You acknowledge and agree that OptionsRC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OptionsRC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold OptionsRC, and its directors, officers, employees, subsidiaries, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
Without limiting any other remedies, OptionsRC may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
Your Content (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or otherwise be harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to any other web site.
4. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES PROVIDED BY OptionsRC IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OptionsRC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
OptionsRC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OptionsRC OR THROUGH OR FROM THE SERVICES PROVIDED BY OptionsRC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OptionsRC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OptionsRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR INFORMATION ON THE OptionsRC WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ON THE OptionsRC WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR INFORMATION PROVIDED ON THE WEBSITE.
6. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.
7. BREACH.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Service, web site and remove your Content: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
8. RELEASE
In the event that you have a dispute with one or more users, you release OptionsRC (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
10. NO AGENCY
You and OptionsRC are independent contractors, and no agency, partnership, joint venture, employee employer or franchiser franchisee relationship is intended or created by this Agreement.
11. NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to Options/Resource Careers, 925 Harvest Drive, Suite 190, Blue Bell, PA 19422.
12. GENERAL INFORMATION
This Agreement constitutes the entire agreement between you and OptionsRC and governs your use of the Service and Website, superceding any prior agreements between you and OptionsRC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. This agreement and the relationship between you and OptionsRC shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and OptionsRC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Pennsylvania. The failure of OptionsRC to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Website or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
I have read and agree to the User Agreement
The ORCA Promise
We will never rent or sell your personal information to third parties for marketing purposes
We will never share your contact information with another user