This agreement applies as between you, the User of this Website and 3ilion, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Service” means collectively any online facilities, tools, services or information that 3ilion makes available through the Website either now or in the future;
“System” means any online communications infrastructure that 3ilion makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by and acting in the course of their employment; and
“Website” means the website that you are currently using (www.3ilion.com).
2. Intellectual Property
- All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of 3ilion, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by 3ilion.
3. Use of the Website
- You acknowledge and expressly accept that your use of the Website is your sole responsibility.
- You are responsible for making all arrangements necessary for you to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms and any special terms and conditions and comply with them accordingly.
- If you receive a user ID , password or other information as part of our security procedures, we ask that you keep this information confidential and not disclose it to any third party. We have the unlimited right to cancel any user ID codes or passwords at any time, whether selected by you or assigned by us.
- By visiting the website, you also agree not to engage in any activity which would adversely affect our image, interests or rights or those of any of our affiliates, or which would damage, render useless or clutter the website, or in any way interfere with the normal use by other visitors.
- We implement reasonable security measures sufficient to check for the presence of viruses. However, you should be aware that existing security measures for computer systems on the Internet are not fully trustworthy and that accordingly we cannot guarantee the absence of viruses or other items that may contain modifications to your computer systems (hardware and software) or within your systems.
- We are under no obligation to verify the accuracy of the Content, and we do not warrant the usefulness, accuracy, completeness or relevance of the Content and/or that such Content is current. We expressly exclude any and all liability for errors or omissions in relation to the Content and the Website. An exception to this is where there has been an act of fraud or fraudulent misrepresentation on our part, or is related to death or physical injury resulting from our negligence.
- The content of this website does not in any way constitute the provision of recruitment services or any other type of service. 3ilion expressly disclaims any and all liability for any decisions you may have made based on the Content.
5. Job Advertising rules
- We have rules regarding the content and format of jobs posted on 3ilion. The purpose is to ensure that users who search the site get results which are presented accurately. We may, at our sole discretion remove any advertisement which is posted.
- Job-seekers, employers and Recruiters need to be aware that 3ilion operates as a venue only and does not introduce or supply Candidates to Recruiters nor conversely. Thus we do not:
- obtain sufficient information for potential Recruiters to select a suitable Candidate for the position which the Recruiter seeks to fill;
- obtain confirmation of the identity of a Candidate or that they have the experience, training, qualifications or authorization to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the Candidate and Recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the Candidate to fulfill the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the Candidate or the Recruiter for the Candidate to fulfill the position to be fulfilled;
- give any indication to Recruiters whether Candidates are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose Candidates to Recruiters or provide any information about them.
- take up any references in relation to a Candidate; or
- make any arrangements for accommodation of Candidates.
- Therefore, we do not propose or introduce Candidates to Recruiters or vice versa. It is recommended that, if you are a Candidate you undertake steps as set out in the Regulations to ensure your suitability for the role advertised or, if you are a Recruiter or employer, to ensure a Candidates’ suitability for the role. Including but not limited to checking the identity of the Recruiter/employer, risks to health and safety, experience, training, qualifications and authorization.
6. Illegal Advertisements
- Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation.
- Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
7. Uploading content to our Platform
- You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
- the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
- the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
- We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the Platform.
- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
- We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
8. Contribution license
- By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
- This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform.
- You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion,
- to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on the Platform; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice.
- We have no obligation to monitor your Contributions.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. Third-Party Websites And Content
- The Platform may contain (or you may be sent via the Platform) links to other Websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
- You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. Platform Management
- We reserve the right, but not the obligation, to:
- monitor the Platform for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
12. Reliance on Information
- The Platform is intended to provide general information and entertainment only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Platform.
- The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
13. Responses to advertisements
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
14. Links to Other Websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of 3ilion or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
15. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.thelevarogroup.com without prior permission.
- You agree that, if you have provided 3ilion with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to 3ilion and (2) that you have brought to the attention of any such third party the Privacy Notice available on the 3ilion website or otherwise provided a copy of it to the third party. You agree to indemnify 3ilion in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- 3ilion makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 3ilion makes no warranty or representation that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Platform is intended to constitute advice and the Content of this Platform should not be relied upon when making any decisions or taking any action of any kind.
- The Platform is provided on an as-is and as-available basis.
- You agree that your use of the Platform and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any website linked to the Platform, and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
- As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
18. Limitation of Liability
- In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform, even if we have been advised of the possibility of such damages.
- Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: your Contributions; use of the Platform; breach of these Terms and Conditions; any breach of your representations and warranties set forth in these Terms and Conditions; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Platform with whom you connected via the Platform.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. amount paid, if any, by you to us during the 12 month period prior to any cause of action arising or $20. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
- If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
19. Availability of the Website
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 3ilion accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by email to [ Insert Email address link ]. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Law and Jurisdiction
These terms and conditions and the relationship between you and 3ilion shall be governed by and construed in accordance with the Law of North Carolina and 3ilion and you agree to submit to the exclusive jurisdiction of the Courts of North Carolina.