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ZAMPELL FM TERMS AND CONDITIONS OF USE

Date of Last Revision:  May 10, 2016

Please read these Terms and Conditions of Use (the “Terms”) carefully before using this website.  These Terms set forth the legally binding terms and conditions for your use of the website at www.zampellfm.com (the “Site”) owned and operated by J.C. Zampell Construction, Inc. (d/b/a “Zampell Facilities Management”) (“Zampell FM”).

By using the Site in any manner, including simply browsing or accessing the Site, you agree to be bound by these Terms.

ACCEPTANCE OF TERMS

The Site, including its content, is offered subject to acceptance of all of the terms and conditions in these Terms, the Privacy Policy (available at https://zampellfm.com/privacy-policy/) and all other policies and requirements that may be posted by Zampell FM on the Site, from time to time (collectively, the “Other Policies”), each of which are expressly incorporated into, and made a part of, these Terms by this reference.

Zampell FM reserves the right to revise any of these Terms (including any of the Other Policies), at any time and in its sole discretion, without notice, by posting the revised Terms (or such Other Policies) on the Site.  Continued use of the Site, following that posting constitutes your acceptance of the revised Terms (or such Other Policies).  It is your responsibility to check these Terms and Other Policies periodically to understand the terms and conditions that apply.

If Zampell FM makes any change directly to these Terms, it will update the “Date of Last Revision” above.

Zampell FM reserves the right to modify, suspend or discontinue the Site (or any features of the Site), or impose limits on, or restrict access to, all or any portion of the Site, at any time for any reason, without notice or liability.

As used in these Terms, the following words have the following meanings:

TERMS OF ACCESS AND USE

You agree that the Site is provided for informational purposes only.  By accessing or using the Site, you agree NOT to use or access the Site, for any illegal, unlawful or inappropriate purpose, including to:

You acknowledge that you are solely responsibility for any of your actions, omissions, conduct or information that violates these Terms (including any of the Other Policies).

INFORMATION THAT YOU PROVIDE

Certain sections of the Site allow you to contact Zampell FM by making a submission through the Site, including under the “Contact Us” section.  The Site also provides information for contacting Zampell FM by other means (including email or fax).

You acknowledge that: (1) the Site is hosted on a third-party server and uses the Internet for data transfer, (2) Zampell FM uses Internet-connected servers to store data and while it uses commercially reasonable security measures with respect to its servers, no security measures are 100% effective, (3) Internet communications have inherent insecurities, and (4) as such, Zampell FM cannot make any representation or warranty that the security of any information that you provide will not be compromised.  For example, if you elect to provide your resume or submit your employment inquiry to Zampell FM (including by submitting your inquiry through the Site), you should be mindful about the types of information that you choose to include on your resume and should never include sensitive data (such as your social security number).

You agree that all information that you provide to Zampell FM (whether submitted through the Site or such other means) will be treated as non-confidential, except as otherwise set forth in Zampell FM’s Privacy Policy, and non-proprietary.  You may not provide to Zampell FM (whether through the Site or such other means) any confidential or proprietary information (unless Zampell FM has provided you with its prior written consent to such submission) or any unsolicited ideas or proposals under any circumstance.  By providing any such information or other materials to Zampell FM, you hereby (1) grant to Zampell FM, its partners and the respective representatives of Zampell FM and each such partner, an unlimited, unrestricted, irrevocable, non-exclusive, world-wide, royalty free, fully-paid, assignable and sublicensable license to use such information and materials in connection with the operation of the Site or Zampell FM’s other business purposes, including a right to sell, copy, distribute, transmit, modify, publicly display, publicly perform, reproduce, edit, translate, delete, reformat and otherwise fully exploit any such information and materials; and (2) agree that Zampell FM is free to use any ideas, concepts, designs or know-how that you provide to Zampell FM (whether through the Site or such other means).

THIRD-PARTY SITES, CONTENT AND SERVICES

Certain third-party websites, content, information, documents, software, materials, products, services or resources may be, from time to time, accessible by hyperlink from, or otherwise available on or from using, the Site or websites linking to the Site (collectively, “Third Party Resources”).  These Third Party Resources are not under the control of Zampell FM, and Zampell FM has not reviewed the content, function, accuracy, legality, security, appropriateness or any other aspect of such Third Party Resources.  When you leave the Site, you should be aware that Zampell FM’s terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering, use or disclosure practices, of any website to which you navigate from the Site, including any Third Party Resources.

DISCLAIMER OF WARRANTIES

THE SITE AND CONTENT INCLUDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES (1) AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR (2) IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.  ZAMPELL FM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZAMPELL FM NOR ITS PARTNERS, NOR ANY REPRESENTATIVES OF ZAMPELL FM OR ANY OF ITS PARTNERS, MAKES ANY REPRESENTATION, WARRANTY OR GUARANTY THAT: (1) USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (2) THE SITE OR ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE, IS OR WILL BE MISTAKE OR ERROR FREE, ACCURATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THE SITE WILL MEET ANY OF YOUR REQUIREMENTS.

ANY USE OF THE SITE (OR RELIANCE ON STATEMENTS MADE ON, OR CONTENT INCLUDED ON, THE SITE) IS SOLELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZAMPELL FM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES REGARDING ANY THIRD PARTY RESOURCE OR TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH ANY SUCH THIRD PARTY RESOURCE, AND YOU UNDERSTAND AND AGREE THAT ALL SUCH THIRD PARTY RESOURCES OR TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

LIMITATION OF CERTAIN RIGHTS AND LIMITATION OF LIABILITY

YOU HEREBY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY:

THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES OR CERTAIN LIMITATIONS OF RIGHTS OR LIABILITY, AND IF THESE LAWS APPLY, THEN CERTAIN OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless each of Zampell FM, its partners, and the respective representatives of Zampell FM and each such partner, from and against any and all actual or alleged liabilities, damages, losses, claims, costs and expenses, including attorneys’ fees and court costs, that arise out of or relate to (1) your use or misuse of the Site or any content available on the Site or provided by Zampell FM, (2) your violation of these Terms (or any of the Other Policies), or (3) any violation by you of applicable law.

INTELLECTUAL PROPERTY RIGHTS

Copyright © 2016 J.C. Zampell Construction, Inc. (d/b/a “Zampell Facilities Management”).  All Rights Reserved.  The Zampell Facilities Management logo is a trademark of Zampell FM.  “Zampell” is a registered trademark of Zampell Refractories, Inc.  All other logos or trademarks are the property of their respective owners.  Notwithstanding anything to the contrary in these Terms, nothing in these Terms grants you any right to use, copy or modify any trademark, logo or the name of Zampell FM.

You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site.

Subject to these Terms, including the Other Policies, Zampell FM grants to you a limited, non-exclusive, revocable, terminable, non-sublicensable, non-assignable and non-transferable license to use a single copy of the content available on the Site solely for your informational and non-commercial use only.  Use of any such content, except for this informational and non-commercial use, and any copying, reproduction, modification, distribution, republishing, uploading, posting, public performance, displaying, transmitting or storage of any such content for any purpose or use, is strictly prohibited.  All rights not expressly granted to you are reserved by Zampell FM and its partners.

INTERNATIONAL USE

Zampell FM controls and operates the Site from the United States of America, and all information on the Site is processed within the United States.  Although the Site may be accessible worldwide, Zampell FM does not represent that the Site or any content on the Site, is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Site from other locations, do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service and/or information made in connection with the Site is void where prohibited.

APPLICABLE LAW, INTEGRATION, SEVERABILITY, CONSTRUCTION AND ELECTRONIC COMMUNICATION

These Terms (including the Other Policies) and any use of the Site is governed by and construed according to the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act.  By using the Site, you hereby (1) consent and agree to submit to personal jurisdiction and exclusive venue in the state and federal courts located in Boston, Massachusetts, and (2) irrevocably waive any right you may have to a trial by jury in any dispute, action or proceeding.  You further agree that the Site is deemed a passive website that does not give rise to personal jurisdiction over Zampell FM or its representatives, successors or assigns, in any jurisdiction other than the Commonwealth of Massachusetts.

The failure of Zampell FM to enforce any right or provision of these Terms (including any of the Other Policies) shall not constitute a waiver of such right or provision.  In the event any provision of these Terms (including any of the Other Policies) is found to be unenforceable, invalid, void, or illegal, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms or Other Policies, as the case may be, will otherwise remain in full force and effect and enforceable.  Any reference in these Terms to (1) any words of gender shall include each other gender, including the neuter, unless the context requires otherwise, and (2) “including” shall mean and be a reference to “including without limitation”.  Any provision of these Terms which should, by its nature, survive termination is deemed to do so, including any provisions addressing the ownership or use of intellectual property, and indemnity, warranty and limitation on liability provisions.

You (1) acknowledge and agree that when visiting the Site or sending emails to Zampell FM, you are communicating with Zampell FM electronically, (2) hereby consent to receive communications from Zampell FM electronically, (3) acknowledge and agree that Zampell FM may communicate with you by email or by posting notices on the Site, and (4) agree that all agreements, notices, disclosures and other communications that Zampell FM provides electronically satisfy any legal requirement that such communications be in writing.

Nothing in these Terms shall prohibit, in any way, Zampell FM from complying with applicable laws and regulations.

QUESTIONS AND COMMENTS

Thank you for reading and agreeing to these Terms.  Please direct any questions or comments regarding these Terms by email to joseph.sousa@zampell.com.

OUR EXPERIENCE