WEBSITE TERMS AND CONDITIONS OF USE
This website (the “Site”) contains information about Sevita, the companies in Sevita and the services provided by Sevita (the “Services”). Use of the Site is governed by these terms and conditions of use (“Terms”). You acknowledge that you have read these Terms and that you accept and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SITE. BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. FURTHER, UNDER CERTAIN CIRCUMSTANCES, SUCH AS SUBMISSION OF YOUR RESUME FOR EMPLOYMENT CONSIDERATION, YOU MAY BE REQUIRED TO AFFIRMATIVELY “ACCEPT” THESE TERMS PRIOR TO BEING PERMITTED TO TAKE SUCH ACTION. SEVITA may from time to time change these Terms. Because these Terms are binding upon you in connection with any use you make of the Site, you are advised to periodically review this page for changes to the Terms. Any use of the Site after such change will constitute your acceptance of such revised terms and conditions.
The Site as a whole, as well as all materials, images, text, illustrations, designs, icons, photographs, video, audio, structure, layout, selection and arrangement, software, “look and feel,” User Submissions (as defined below), and other elements contained on or otherwise making up the Site (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and the Contents are owned by or licensed to the entities that use the Sevita tradename, including National Mentor Holdings, Inc. and its subsidiaries and affiliated companies. You may use the Site and the Contents for personal, noncommercial use for purposes of learning about Sevita and its services. Unauthorized use of the Contents may result in violation of copyright, trademark, and other laws. You have no right in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms. No other use is permitted without Sevita’s prior written consent.
The trademarks, services marks, and logos of Sevita (“Company Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of National Mentor Holdings, Inc. and/or its affiliates. Other company, product and service names located on the Site may be trademarks or service marks owned by third-parties (“Third-Party Trademarks,” and collectively with Company Trademarks, “Trademarks”). Nothing on this Site or in the Terms should be construed as granted, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of National Mentor Holdings, Inc. and/or its affiliates, as applicable, specific for each such use. The Trademarks may not be used to disparage Sevita or the applicable third-party, Sevita’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Sevita’s National Mentor Holdings, Inc. and/or its affiliates, as applicable, prior written consent. All goodwill generated from the use of any Company Trademark will inure to Sevita’s benefit.
The website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Sevita makes no warranties or representations whatsoever regarding any such External Site. You should contact Sevita if you have concerns regarding such links or any content located on such External Sites.
You agree to use the Site and the Contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive, or other unauthorized purposes. You agree not to: (a) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (b) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by National Mentor Holdings, Inc. and/or its affiliates, as applicable; (c) attempt to remove from the Site, download, copy, recreate, decipher, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; (d) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents; (e) remove, delete, alter or obscure any copyright or other proprietary notices set forth on the Site or the Contents; (f) frame or link to any materials or information available on the Site; (g) take any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure; or (h) make any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent. If you violate any part of the Terms, your right to access and/or use the Contents and Site will automatically terminate and you will immediately destroy any copies you have made to the Content.
By sending e-mails, posting submissions, uploading files, inputting data, or engaging in any other form of communication with or to the Site (collectively, “User Submissions”), you hereby grant to National Mentor Holdings, Inc. a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against National Mentor Holdings, Inc. for any alleged or actual infringement, misappropriation or violation of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
You agree to submit to the Site only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions to the Site that:
(i) infringe any intellectual property, privacy, or publicity rights of others;
(ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, offensive or embarrassing to others;
(iii) constitute, or encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
(iv) contain a virus or other harmful component;
(v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity;
(vi) constitute advertising or solicitation of business;
(vii) disrupt the normal flow of activity on the Site; or
(viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, “spam,” or similar material.
National Mentor Holdings, Inc. reserves the right in its sole discretion to delete without notice any User Submissions received from any source. National Mentor Holdings, Inc. further reserves the right in its sole discretion to limit, restrict, suspend, or terminate any person’s or company’s access to or usage of the Site or any other portion hereof for any reason. National Mentor Holdings, Inc. further reserves the right in its sole discretion to change, suspend, or discontinue any aspect, feature, function, or Contents of the Site at any time without notice or liability.
SEVITA NOTIFICATION OF COPYRIGHT INFRINGEMENT
Sevita will, in certain circumstances, terminate access to users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide Sevita’s Copyright Agent (set forth below) a written notice (“Notice”) containing the following elements:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed and which you request be removed, deleted, or disabled;
(iii) A description of where the material that you claim is infringing is located on the Site;
(iv) Information sufficient to permit Sevita to contact you, such as your physical address, telephone number, and e-mail address;
(v) A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Sevita’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Gina Martin, Esq.
313 Congress Street
Boston, Massachusetts 02210
By telephone: (617) 790-4800
By fax: (617) 790-4271
By e-mail: [email protected]
The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. No other inquiries directed to the Copyright Agent will receive a response.
LIMITATION OF LIABILITY
IN NO EVENT WILL National Mentor Holdings, Inc. and/or its affiliates BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE CONTENTS, THE USER SUBMISSIONS, OR INFORMATION CONTAINED THEREIN, AND WHETHER OR NOT National Mentor Holdings, Inc. and/or its affiliates HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU AND IN SUCH JURISDICTIONS, THE LIABILITY OF the entities that use the Sevita brand WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE FROM NEW JERSEY, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS National Mentor Holdings, Inc., its Subsidiaries, SEVITA, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS (collectively, the “Released Parties”), FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, “LOSSES”), RESULTING FROM OR ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SITE, USER SUBMISSIONS SUBMITTED BY YOU, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE OR ANY CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU SPECIFICALLY AGREE TO INDEMNIFY AND DEFEND The Released Parties AGAINST ANY LOSSES RESULTING FROM OR RELATED TO ANY FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING PERSONAL INFORMATION SUBMITTED BY YOU IN SEEKING AN EMPLOYMENT OR MENTORING OPPORTUNITY WITH The Released Parties, AND ANY CLAIMS BY AN EMPLOYMENT RECRUITER AFTER YOU HAVE OBTAINED EMPLOYMENT THROUGH THE USE OF THE SITE. National Mentor Holdings, Inc. and/or its affiliates WILL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES. National Mentor Holdings, Inc. and/or its affiliates RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH CASE, YOU AGREE TO COOPERATE WITH ANY REASONABLE REQUESTS ASSISTING National Mentor Holdings, Inc. and/or its affiliates, as applicable, DEFENSE OF SUCH MATTER.
The entities that use the Sevita brand reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. The entities that use the Sevita brand reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability. Sections “Site Contents,” “Proper Usage,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Termination” and “Miscellaneous” will survive the termination of the Terms.
USER MUST COMPLY WITH APPLICABLE LAWS
This Site is hosted and directed to website visitors in the United States. We make no claims concerning whether the Contents may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Contents from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Contents to countries or persons prohibited under the export control laws. By downloading the Contents, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Contents.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Contents are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Contents.
The Site is controlled and operated by National Mentor Holdings, Inc. and/or its affiliates from its offices in Boston, Massachusetts. These Terms will be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. Any dispute arising under this Agreement will be resolved exclusively by the state and federal courts located in Boston, Massachusetts. These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein will not affect the validity of any other term or provision contained herein. Any such invalid term or provision will be enforceable to the maximum extent permitted under applicable law. No failure or delay by National Mentor Holdings, Inc. and/or its affiliates, as applicable, in exercising any right hereunder will operate as a waiver of such right and any written waiver in a given instance will not be deemed to be a continuing waiver of any such right. All waivers by National Mentor Holdings, Inc. and/or its affiliates, as applicable must be embodied in a written document signed by National Mentor Holdings, Inc. and/or its affiliates, as applicable. You agree that any claim or cause of action you may have with respect to your use of the Site, the Contents, or the information contained therein must be commenced within one (1) year after the claim or cause of action arises. These Terms constitute the entire agreement between National Mentor Holdings, Inc. and/or its affiliates, as applicable and you with respect to your use of the Site and all components hereof.
IT IS THE EXPRESS INTENT OF THE PARTIES THAT THESE TERMS AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH.