Copyright 2008 The Domain Companies All Rights Reserved.
1. Acceptance of Terms. Your access to and use of this Web site (this "Site") is subject on your compliance with the following terms and conditions (the "Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. The Domain Companies may revise these Terms and Conditions at any time by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by visiting this Web page. Please note that Web sites launched by any affiliates, subsidiaries or divisions of The Domain Companies are governed by separate terms and conditions.
2. Description of Services. The thedomaincos.com Web service provides users with access to a rich collection of information and data about The Domain Companies and each of its associated companies. Users are able to browse properties, receive information on each of the divisions of Domain, read feature stories and press releases and access news articles, search the Web site to find content that interests them and read about the history and organizational structure of the company. Users can also submit inquiries via an email form, submit a resume in consideration for a position of employment at Domain and request to be notified when an item of interest becomes available in the press and news section: (a) Users will provide information to Domain (including, name, email address and other optional information) in conjunction with a request for information from the company's press and news section. The Domain Companies will keep such information and periodically forward the appropriate information to the user via email. (b) Users will send an individual request to the person/department listed on the site and the person will send the information to the user. (c) Users can send resumes in response to posted jobs or as a general submission in case a suitable job becomes available and The Domain Companies HR department may send information to the user or contact the user by phone or email (collectively, the "Services").
3. Use of Information on this Site. The Domain Companies authorizes you to copy any portion of this Site, which is not the property of third parties, provided that such use shall be for non-commercial use only by you or any person within your organization. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of The Domain Companies is expressly prohibited.
5. User Conduct. You agree that you will not use this Site to: (a) Interfere with or disrupt the Services or servers or networks connected the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.
6. Links. Links contained in this Site are intended for informational purposes only. The Domain Companies has no control over such Web sites, makes no representations about such web sites, does not endorse such Web sites and assumes no responsibility for any content or materials on or available from such Web sites.
7. No Resale of Services. You will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.
8. Modifications to Services. The Domain Companies reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that The Domain Companies shall not be liable to you for any modification, suspension or discontinuance of the Services.
9. Termination of Services. The Domain Companies reserves the right to terminate your use of the Services or your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and you agree that Domain shall not be liable to you for such termination.
10. Disclaimer of Warranties.
(a) This site is provided on an "as is" basis. Domain 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, course of dealing or usage of trade and non-infringement;
(b) The information posted at the Site and in emails generated from the Site is given as of the date hereof and Domain assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur;
(c) Domain makes no warranty that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by you through the Site or the Services will meet your expectations, or (v) any errors in the software will be corrected;
(d) Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material;
(e) The posting of jobs by us or your submission of a resume shall not mean that you are considered an applicant of a job at The Domain Companies nor shall it be deemed the offer of a job to you; you are not considered an applicant until you have been contacted by an HR representative. Then, you may be asked to come in and fill out an Employment Application and/or begin the employment process involving an interview or job related testing. We make no representations or warranties that the job postings remain accurate.
(f) No advice or information, whether oral or written, obtained by you from the Domain Companies, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
11. Limitation of Liability. Domain shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, the Site or the Services.
12. Governing Law. Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the courts of the county of New York, New York, USA.
13. Trademarks. The following are trademarks of The Domain Companies, its affiliates or subsidiaries: MyDomain® . The trademarks, service marks and logos used on this Site are trademarks of The Domain Companies and others. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder.
14. Contact Information. Any questions regarding these Terms and Conditions should be directed to: firstname.lastname@example.org.
15. General Information. The Terms and Conditions constitute the entire agreement between you and The Domain Companies and govern your use of the Site and the Services. The failure of The Domain Companies to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.