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Terms and Conditions Article 1. Use of Material The design of WEBERDEV, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and international laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML that WEBERDEV creates to generate its pages. It is also protected by WEBERDEV's copyright. Artice 2. Acceptable Site Use (a) Specific Prohibited Uses. WEBERDEV may be used only for lawful purposes by individuals seeking information, projects, potential employees, and other services which help the customers perform information projects. WEBERDEV specifically prohibits any use of the The Site, and requires all users to agree not to use The Site, for any of the following: (i) Posting any incomplete, false or inaccurate opportunity for project work and/or skills or information which is not your own accurate project related opportunity (living individual seeking employment on project basis on his or her own behalf). (ii) Posting non-project and/or customer skills and availability information such as opinions or notices, commercial or otherwise, or any inappropriate information to a community environment such as profanity and pornography are prohibited. (iii) Responding to any project work opportunity for any other reason except to learn more about the opportunity and to apply to perform the project. Communications soliciting our customer's business by our competitors are prohibited. (iv) Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant compensation), requires recruitment of other members, sub-distributors or sub-agents. (v) Deleting or revising any material posted by any other person or entity. (vi) Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures. (vii) Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of WeberDev or WeberDev's customers. (viii)Providing False Data on any Contract or Application: including fraudulent use of credit card numbers In the event the customer engages in Prohibited Uses, WeberDev may restrict, suspend, or terminate the customer's account; impose fees; and/or pursue civil remedies without providing advance notice. (b) WEBERDEV Security Rules. Users are prohibited from violating or attempting to violate the security of The Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to WEBERDEV, overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ERBERDEV will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. (c) General Rules. Users may not use WEBERDEV in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. Artice 3. WEBERDEV's Liability The Material may contain inaccuracies or typographical errors. WEBERDEV makes no representations about the accuracy, reliability, completeness, or timeliness of The Site or the Material. The use of The Site and the Material is at your own risk. Changes are periodically made to The Site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, linked materials, and accuracy of any project and skills related or material contained therein placed by you on WEBERDEV. Customers are solely responsible for their postings and materials which they may have created a link to on the Web on The Site. WEBERDEV is not to be considered to be an employer with respect to your use of The Site and WEBERDEV shall not be responsible for any employment decisions, for whatever reason made, made by any entity positing project opportunities on The Site. WEBERDEV DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND MATERIAL ARE PROVIDED ON AN `AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WEBERDEV, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WEBERDEV MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOU AGREE THAT THE OWNERS OF THIS WEB SITE EXCLUSIVELY RESERVE THE RIGHT AND MAY, AT ANY TIME AND WITHOUT NOTICE AND ANY LIABILITY TO YOU, MODIFY OR DISCONTINUE THIS WEB SITE AND ITS SERVICES OR DELETE THE DATA YOU PROVIDE, WHETHER TEMPORARILY OR PERMANENTLY. WE SHALL HAVE NO RESPONSIBILTY OR LIABILITY FOR THE TIMELINESS, DELETION, FAILURE TO STORE, INACCURACY, OR IMPROPER DELIVERY OF ANY DATA OR INFORMATION. Artice 4. Disclaimer of Consequential Damages IN NO EVENT SHALL WEBERDEV, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEBERDEV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Article 5. User Submissions As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of other or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. WEBERDEV does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other Users will be at your own risk. WEBERDEV does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, WEBERDEV may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. WEBERDEV has no liability or responsibility to users for performance or nonperformance of such activities. WEBERDEV reserves the right to expel users and prevent their further access to The Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. Article 6. Employment Discrimination Disclaimer WEBERDEV is a virtual workplace where companies and Workers can collaborate on projects. We are not employers and have no control over any employer, employee, independent contractor or other user of The Site. Likewise, we are not responsible for illegal or inappropriate conduct or employment practices that may arise from relationships initiated or maintained through The Site. Because WEBERDEV does not control and is not involved in user-to-user dealings, in the event their is a dispute arising from employment or other relationships initiated through WEBERDEV, your acceptance of The Site Terms and Conditions of Use and your use of this website signifies your express agreement, on your own behalf and on behalf of your heirs, family members, executors, officers, directors, employees, investors, shareholders, administrators, affiliates, divisions, parents, subsidiaries, and assigns to release WEBERDEV, our officers, directors, employees, and agents, from, and agree not to sue concerning any claim, duty, obligation or cause of action relating to any matters of any kind whether presently known or unknown, suspected or unsuspected, arising from any omissions, acts or facts that occur, including, without limitation, any and all claims for wrongful termination of employment, termination in violation of public policy, discrimination, breach of contract - both express and implied, breach of a covenant of good faith and fair dealing - both express and implied, promissory estoppel, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, conversion, and any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act of 1993, the California Family Rights Act of 1993, the Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act, the California Fair Employment and Housing Act, and Labor Code section 201, et seq., section 970, et seq, any and all claims for violation of the federal, or any state, constitution, and any and all claims arising out of any other laws and regulations relating to employment or employment discrimination. If you are a California resident, you also agree to waive California Civil Code section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Being aware of said code section, you agree to expressly waive any rights you may have thereunder, as well as under any other statute or common law principles of similar effect. Potential Workers should understand that employers will likely access your website and other information posted by you. Although all employers using The Site have agreed to be Equal Opportunity Employers, you should exercise caution when posting information so that you do not inadvertently post information that cannot legally be used in making employment decisions. Such information includes material that would indicate your race, color, religious creed, citizenship, marital status, age, national origin, ancestry, physical or mental disability, medical condition, sexual orientation, veteran status, family care status, or sex (including pregnancy). Therefore, you agree that you are hereby advised that if you choose to release such information, you do so at your own risk. In any event, WEBERDEV does not ensure employer compliance with the Equal Employment Opportunity Statement and is not liable for possible employer violations arising from the use of illegal or improper information which employers are prohibited from considering when making employment decisions. Companies utilizing vitrual Workers should be aware that it is unlawful to make adverse employment decisions based on the above-listed criteria and any other factor protected by law. Pursuant to your agreement to abide by the Equal Employment Opportunity Statement, you agree to make decisions based on legitimate business reasons and you agree not to unlawfully discriminate based upon the above-listed criteria or any other factor protected by law. You also agree that you are hereby advised that viewing information related to the above-listed criteria prior to making your employment decisions could lead to possible legal exposure. In any event, WEBERDEV does not ensure that Worker postings and/or websites are devoid of such material and disclaims any and all liability if legal action is taken against an employer for allegedly making employment decisions on any illegal or improper basis. Article 7. Wage and Hour Advisory Employers agree by their acceptance of The Site Terms and Conditions of Use and by their use of this website that they will comply with federal and state wage and hour requirements. However, WEBERDEV does not ensure that employers will comply with such requirements and disclaims any and all liability in the event any Worker is not paid pursuant to applicable state and federal wage and hour laws. Employers also agree that they are hereby cautioned that there are potential legal pitfalls associated with their decision to classify Workers, for wage, hour and employee benefit purposes, as consultants versus employees. When reviewing employee classifications for wage and hour purposes, administrative agencies generally look to criteria such as whether the employee is paid on a salary basis, the primary duties of the employee, whether the employee supervises or directs the work of other employees and several other factors. For more information on classifying employees, consult the agencies that administer wage and hour laws in your jurisdiction. In any event, WEBERDEV is not liable if you are subject to legal action arising from federal or state wage and hour issues. Because WEBERDEV is not an employer, we do not provide any benefits to Workers. Employers using The Site agree by their acceptance of The Site Terms and Conditions of Use and by their use of this website that they will comply with any federal and state laws relating to benefit plans and programs. However, WEBERDEV does not ensure that employers will comply with such requirements and disclaims any and all liability in the event any Worker is not provided with benefits pursuant to applicable state and federal law and the terms of any applicable benefit plan. Article 8. Equal Employment Opportunity Statement Employers agree by their acceptance of The Site Terms and Conditions of Use and by their use of this website to be equal opportunity employers and to make employment decision on the basis of merit and business needs. Employers further agree that they will not unlawfully discriminate on the basis of race, color, religious creed, citizenship, marital status, age, national origin, ancestry, physical or mental disability, medical condition, sexual orientation, veteran status, family cares status, sex (which includes sexual harassment, gender harassment and harassment based on pregnancy, childbirth, or related medical conditions) or any other basis protected by law. In addition, employers agree to prohibit the harassment of any individual on any of the bases listed above. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, employers agree that they will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result. Article 9. Defamation Disclaimer Your acceptance of The Site Terms and Conditions of Use and your use of this website signifies your agreement and consent to participate in the Feedback Service that assists Workers and employers in evaluating the "reputation" of those parties with which they are considering working. Furthermore, you agree to waive any claims of defamation, libel, or slander against WEBERDEV or any user, person, employer, employee, or independent contractor and are hereby advised that the Feedback Service may contain negative opinions or references that may be true or untrue, with which you may agree or disagree. You are also hereby advised that the Feedback Service will retain all such information for as long as you are a registered user of WEBERDEV. In the event you temporarily cease to be a registered user, upon re-registration, all previous information related to you will be re-posted on the Feedback Service. In any event, if a claim is brought against WEBERDEV, all parties to the action agree to indemnify and hold harmless, WEBERDEV, its officers, directors, employees, and agents as stated more fully in Section of The Site Terms and Conditions of Use. Article 10. Links to Other Sites The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Article 11. Limitation of Liability The aggregate liability for WEBERDEV to you for all claims arising from the use of the Materials is limited to $100. Article 12. Indemnity You agree to defend, indemnify, and hold harmless WEBERDEV, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. WEBERDEV shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Article 13. User Information WEBERDEV may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes. Article 14. General Access to the Materials may not be legal by certain persons or in certain countries. This Agreement is governed by the substantive laws of the State of Israel, without respect to its conflict of laws principles. If any provision of this 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 of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and WEBERDEV with respect to the use of The Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of WEBERDEV. Article 15. Modifications and Changes: WeberDev reserves the right to modify these Terms at its sole discretion without notice.
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