WEBSITE TERMS OF USE
THE FOLLOWING WEBSITE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE RAYNAK WEBSITE (“SITE”). BY VISITING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS
1. Use of Site. Raynak Executive Search. (“Raynak”) authorizes you to view and download the materials at this “Site” solely for non-commercial use within your organization to acquire, use, and support Raynak products and services, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website, mobile application or networked computer environment for any purpose is prohibited. The materials at this Site are the intellectual property and copyrighted works of Raynak or a third party provider and any unauthorized use of any materials at this Site will result in violation of intellectual property and other laws. Raynak does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. All such rights, title and interest are reserved by Raynak. If you breach these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
2. User Submissions. Any information, material or communication you transmit to or through this Site shall not be held in confidence by Raynak (“Communications”). By transmitting Communications, you grant Raynak an unrestricted, perpetual and irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those Communications for any and all commercial or non-commercial purposes. You also agree that Raynak is free to use any ideas, concepts, know-how, or techniques that you transmit for any purpose. You are prohibited from transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any third party’s intellectual property rights. Raynak may, but has no obligation to remove Communications that include any material it deems in its sole discretion to be abusive, defamatory, obscene, offensive, threatening, libelous, pornographic or otherwise unacceptable or that violates any third party’s intellectual property rights or these Terms. Raynak, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. To the extent permitted by law, you agree to indemnify and hold Raynak and its affiliates and each of their respective shareholders, directors, officers and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Communications you transmit or otherwise make available through this Site, your use of this Site or violation of these Terms.
3. Privacy. Raynak‘s Privacy Statement applies to your use of this Site and is incorporated into these Terms by reference. Personally identifiable information that you submit to Raynak will be handled in accordance with our Privacy Statement.
4. Links to Other Websites. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Raynak has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Raynak does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
5. Linking to This Site. You may link to this Site provided you comply with all applicable laws and the linking website does not (1) replicate Raynak content; (2) create a browser or border environment around Raynak content; (3) imply that Raynak is endorsing any products or services thereof; (4) misrepresent its relationship with Raynak; (5) present false information about Raynak products or services; (6) use the Raynak logo or artwork without written permission from Raynak; (7) contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age groups; or (8) disparage, undermine or otherwise damage Raynak’s business or violate Raynak’s intellectual property rights in any way.
6. Newsletters. When you visit this Site or when you create an account with Raynak, you may accept to receive one or more of our newsletters. At any time, you may opt-out of receiving these newsletters by selecting the “unsubscribe” link at the bottom of any newsletter, or by contacting Raynak at info@raynaksearch.com.
7. Warranty Disclaimer. TO THE EXTENT ALLOWED BY APPLICABLE MANDATORY LAW, THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. RAYNAK, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY ACCORDING TO APPLICABLE MANDATORY LAW.
8. Additional Disclaimers. Raynak does not warrant the accuracy and completeness of the materials at this Site. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site. Raynak may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Raynak makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Raynak business contact for information regarding the products, programs and services that may be available to you.
9. Limitation of Liability. IN NO EVENT WILL RAYNAK, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. General. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
11. Governing Law and Venue. Your access and use of this Site and the contents hereof shall be governed by and interpreted in accordance with the Laws of California, United States of America without regard to its conflict of law rules. Any dispute arising out of or in relation to Raynak’s website, including these terms of use, shall, if it cannot be solved amicably, be submitted exclusively to the jurisdiction of the U.S. District Court for the Northern District of California.
