Welcome to our Web site. By using our site, you are agreeing to comply
following terms carefully. If you do not agree to these terms, you
should not use this site. The term “company” or
“us” or “we” or “our” refers to Alton Morgan, Inc., the owner of the Web
site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4 below,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
3. Service Marks.
"Alton Morgan" and others are our service marks or registered service
marks or trademarks. Other product and company names mentioned on the
Site may be trademarks of their respective owners. All trademarks, trade names, service marks,
and logos mentioned herein are the property of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No print
out or electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under any
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content
and Materials from the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of us or any third
parties; (e) remove, change or obscure any copyright notice or other
portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the Site
in a manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations; and (k) export or
re-export the Site or any portion thereof, or any software available on
or through the Site, in violation of the export control laws or
regulations of the United States.
6. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole discretion to
edit or delete any documents, information or other content appearing on
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents is not
transferable or assignable.
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, OR THE LIKE). WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO
THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS,
SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR
CHOOSING AN EXECUTIVE SEARCH CONSULTANT -
The choice of an executive
search consultant is an important decision. You should not decide on an
executive search consultant solely based on advertising. Past results do
not guarantee future performance. Every search and hiring decision is
different and results can vary widely depending on many factors.
10. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or any services or
products obtainable therefrom, (b) the unavailability or interruption of
the Site or any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party.
11. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided
suggestions, ideas, graphics, or other information communicated by you
to us (collectively, a "Submission") will forever be our property. We
will not be required to treat any Submission as confidential, and will
not be liable for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future products,
services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of
every kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
this Agreement. You must review this
13. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
14. Information and Press Releases.
The Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
15. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed
in Orange County, California, and shall be governed by and construed in
accordance with the laws of the State of California (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information or services related thereto) must be
instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the
limitations set forth in Section 9 and Section 10. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision. Our rights under this Agreement shall
survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect
or recover damages for, or obtain any injunction relating to, Site
operations, intellectual property, and our services, shall be settled
solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Orange County, California, and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or us may seek any interim or
preliminary relief from a court of competent jurisdiction in Orange
County, California necessary to protect the rights or property of you
and us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through JAMS.