Terms and Conditions of Use
terms state the Terms and Conditions under which You (User, Your) may
use MilwaukeeCareerNetwork.com ( the Site, We, Us, Our, TalentPen, the
Company). Please read these terms and conditions, carefully, and if You
do not accept them, do not use this web site or service. By using the
site, You are indicating Your acceptance to be bound by these Terms and
Conditions. TalentPen, LLC may revise these Terms and Conditions at any
time by updating this document. The term "You" refers to all
individuals and/or entities accessing this web site for any reason.
Use of Site Content
We permit You to view and access a single copy
of the content available on or from MilwaukeeCareerNetwork.com solely
for Your personal, non-commercial use, unless otherwise specified.
of the Web Site, such as text, graphics, images, logos, button icons,
software and other Web Site content, are protected under United States
copyright, trademark and other laws. All content on this Site is the
property of the Company, or its content suppliers or licensors. The
arrangement of all content on the site is also the exclusive property
of the Company and protected by U.S. copyright laws. You may not sell
or modify the Content or reproduce, display, publicly perform,
distribute, or otherwise use the Content in any way for any public or
commercial purpose. Use of the Content on any other web site or in
another environment for any purpose is prohibited, unless expressly
permitted in writing by the Company.
You may not copy or modify
the HTML code that the Company uses to generate the Site Content or the
pages that together constitute the Site. This code is also protected by
the Company's copyright.
Permitted Site Use
The purpose of this website is to connect employers and job seekers.
Job seekers register and create an account with the knowledge that
employers will be searching the database, which includes their profile.
Job seekers have the option to create a ‘private’ profile, which hides
personal contact information from employers until the job seeker
expresses interest in a position. Once a job seeker expresses interest
in a position, his/her contact information is revealed to the employer.
TalentPen, LLC safeguards contact information in a secure, encrypted
web environment and does not rent, sell, or barter information
contained within to any third party. You may receive promotional or
career related emails from sponsors and affiliates of the Milwaukee
Career Network. Job seekers agree to release and hold harmless
TalentPen, LLC, its affiliates and sponsors, employees and management,
from any claims arising from the disclosure of personal contact
information to employers willingly made by job seekers. This is a free
service to job seekers
Users may not use any part of the Site in
order to transmit, distribute, store or destroy material, including
without limitation Web Site Content, (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others
or violate the privacy, publicity or other personal rights of others,
or (c) that is defamatory, obscene, threatening, abusive or hateful.
TalentPen Site Security Rules
must not, directly or indirectly, violate or attempt to violate the
security of our Site. Such activity includes, but is not limited to:
(a) accessing data not intended for You, logging into a server or
account which You are not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
authorization, (c) interfering or attempting to interfere in any way
with service to any user or entity using TalentPen, by any means, known
and unknown, including but not limited to viruses and spamming
techniques, or (d) forging or attempting to forge any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting. Such violations of security may result in civil or criminal
liability to You. We will investigate potential violations of our site
security and may summon and cooperate with, law enforcement authorities
in prosecuting anyone involved in such violations of our security.
Specific Prohibited Uses
Site may be used only for information purposes to general users and for
lawful purposes by individuals seeking employment and career
information and employers seeking employees. The Company specifically
prohibits, and You agree not to use the Site for any of the following:
• Posting any incomplete, false, or inaccurate biographical or autobiographical information.
Recruiting for any arrangement or opportunity which requires up-front
or periodic payment from another party, constitutes recruitment for a
franchise or pyramid-type arrangement, or pays commissions only (unless
clearly represented as such), or requires recruitment of others of our
members, sub-distributors or sub-agents.
• Using the Site database
for any purpose other than as an employer seeking employees, or Job
Seeker looking for work. This includes, but is not limited to using the
database information to sell or solicit for any other products or
services, or attempting to contact another user party for gathering of
information for any other purpose than as an employer seeking employees
or a Job Seeker looking for work.
• Sending unsolicited or
irrelevant mail, e-mail, and faxes, or making unsolicited or irrelevant
phone calls. Job Seekers consent to being approached by employers who
find them via a search of our database.
• Deleting or revising any material posted by any other person or entity.
Using any means whatsoever to interfere or attempt to interfere with
the proper working of the Site or any activity being conducted on the
site, or taking any action which imposes an unreasonable or
disproportionately large load on our Site's infrastructure.
• Disclosing to or sharing any membership password with anybody, or using the password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any device or software to search or navigate the
site, other than our own inbuilt search engine, using recognized
browsers, or unless You are a recognized and legitimate search engine,
such as those owned and operated by Yahoo®, Google® or MSN®, whose
purpose is to search and ‘crawl’ the site for the purpose of listing
and ranking the site in their search engine. Whether or not a search
engine meets these criteria will be determined by the company in its
• Attempting to reverse engineer, by any means, any of the software or mechanisms comprising or in any way making up the Site.
• Collecting or copying, in any manner, any of the Web Site Content or information available from the Site.
You register for the Web Site, You will be asked to provide the Company
with certain information including, without limitation, a valid email
address (”Your Information"). Understanding the purpose of this website
to be the connecting of job seekers and employers, you agree and
consent to allow registered Employers with accounts on The Milwaukee
Career Network to contact you via the methods you provide. You consent
to allow Users of the website to view the information you provide,
including photos You upload, Your personality profile, and your career
profile. However, the Company will not disclose to any third party (a
non-account holder)Your name, address, e-mail address or telephone
number without Your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings
where such information is relevant. The Company reserves the right to
offer third party services and products to You based on the preferences
that You identify in Your registration and at any time thereafter
job seeker made available to Employers through the Milwaukee Career
Network is on an “as is” basis. TalentPen does not evaluate the
individual, but rather relies on the honesty of that individual. Each
employer should, therefore, take steps to evaluate the job seeker,
using his/her own specific employment criteria. Similarly, TalentPen
cannot warrant that an employer is who he or she claims to be. However,
information about both employers and job seekers is collected at time
of registration and can be retrieved if the information is relevant to
a legal proceeding.
You are responsible
for Your own communications and are responsible for the consequences of
their posting on the Site, including and ESPECIALLY posting, uloading
and all creation of content You provide to your profile. You must not,
and by using the Site You agree not to: post material that is the
intellectual property or trade secret of somebody else, unless You can
show that You have permission from that person to do so; post anything
that infringes the privacy of others; post anything that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post material that is
off-topic; post a sexually explicit image or statement; post
advertisements or solicitations of business; post chain letters or
pyramid schemes; impersonate another person; post material that
contains viruses, or any variation of what are commonly called viruses,
designed or intended to damage or interfere with the normal operation
of the site, system, or the content or information on the Site.
Company does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by You or other users, or endorse
any opinions expressed by users. You acknowledge that if You rely on
material or information posted by others, You do so at Your own risk.
Company acts as a passive connection for the online distribution and
publication of user-submitted information and has no obligation to
screen communications or information in advance and is not responsible
for screening or monitoring material posted by users. However, whether
notified by a user, or by anybody else, the Company reserves the right
to take any action it deems necessary or appropriate, in its sole
discretion, to protect itself and users from violation of the law or
the terms governing communications and information, including but not
limited to removal of communication or expulsion of users.
submitting a transmission or any content to any part of the Site,
including but not limited to blogs or emails, You grant us complete,
perpetual, and royalty and fee-free non-exclusive rights to that
transmission, and license to use that submission or any part of it in
any manner we deem suitable, appropriate or necessary. You also warrant
that anybody holding rights in that submission has effectively waived
those rights in their entirety and has granted You the right to grant
the foregoing license to us, and permission for the submission to be
viewed by anybody who happens to see the submission. Subject to these
foregoing terms, however, the owner of such a submission retains any
and all rights in it.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the site, or are otherwise misleading, are prohibited.
we appreciate feedback, we do not accept suggestions or inventions,
unless we have specifically asked for them as evidenced by an official
company purchase order. If You insist, in spite of this, on sending us
Your ideas or any material, the whole of that submission becomes our
property, to use or publish as we wish, within our complete discretion,
and without any obligation of confidence, non-disclosure, or
compensation to anybody.
Registration and Password
responsible for maintaining the confidentiality of Your information and
password. You are responsible for all uses of Your registration,
whether or not authorized by You, and You agree to notify the Company
immediately of any unauthorized use of Your registration or password.
Regarding Termination Of Users And Account Holders Who Infringe The
Copyright Or Other Intellectual Property Rights Of Others
LLC and our Site, MilwaukeeCareerNetwork.com, respect the intellectual
property of others, and we ask You to do the same. As a condition to
Your use of this Web Site, You agree not to use the Web Site to
infringe the intellectual property rights of others in any way. We
reserve the right, at our discretion and without notice or liability
for loss of use, to terminate at any time the account of, and block
access to our Site for any users who infringe the copyrights, or other
intellectual property rights, of others.
The Company's Liability
is a job search site where employers can search for potential employees
and job seekers can make themselves available for interview and work.
We do not actively screen or censor information, nor are we involved in
the transaction between employer and job seeker. We sell subscriptions
for the purpose of facilitating online introductions between employers
with open positions and job seekers, based on personality fit and broad
work experience. As a result, the Company has no control over the
quality, safety or legality of the positions offered by employers, the
truth or accuracy of the listings, the ability of employers to offer
job opportunities, or the ability of any job seeker to fill open job
opportunities, and specifically disclaims any such warranties and/or
representations in this regard. In addition, note that there are
inherent risks of dealing with strangers. You assume all risks
associated with dealing with other users with whom You come into
contact through the Site.
The Company cannot and does not confirm
that each user is who they claim to be, and does not involve itself in
dealings between You and others, nor can it control the behavior of
users. In the event that You have a dispute with one or more users, You
release the Company, its officers, agents and employees from claims,
demands and damages of any and every kind and nature, arising out of,
or in any way connected with such disputes and/or the use of the site
generally. If You are resident somewhere that does not permit a company
to exclude such claims, demands and damages, by Statute, Code, or
Common Law, then You should leave our site. If You use the site,
despite this term, You waive the benefit to You or anybody else of such
Statute or Code.
We are under no legal obligation to, and
generally do not, control the information provided by other users which
is made available to You through the Site. Other people's information
may be offensive, harmful, inaccurate, mislabeled, or deceptively
We expect that You will use caution and common sense when using the Site.
Web Site Content may contain inaccuracies or errors or various types.
The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of Site or its Content. The use of the Site
and its Content is entirely at Your own risk. Changes are periodically
made to the Site and may be made at any time.
You acknowledge and agree that You are solely responsible for what You transmit on, to, or through the Site.
Company is not to be considered to be an employer with respect to Your
use of the TalentPen Site and the Company shall not be responsible for
any employment decisions made, for whatever reason, by any entity.
Consequently, TalentPen does not charge employers or job seekers in the
event that an employment decision (a hire) is made.
YOUR USE OF THE SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE SITE AND SITE CONTENT ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Liability and Consequential Damages
IN NO EVENT
SHALL THE COMPANY, ITS MANAGERS< EMPLOYEES, SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE
AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
You are dissatisfied with any part of, or all of our website, or with
any or all of our Terms and Conditions of Use, Your only remedy or
recourse is to discontinue use of the site.
Links to Other Sites
Web Site may contain links to third party web sites. These links are
provided solely as a convenience to You and not as an endorsement by
the Company of the contents or accuracy of such sites. If You decide to
access linked third party Web sites, You do so at entirely Your own
No Resale or Unauthorized Commercial Use
You agree not
to resell or assign Your rights or obligations under these Terms, or
make any unauthorized use, commercial or otherwise, of the Site.
Company reserves the right, at its sole discretion, to pursue all
possible legal remedies, including but not limited to termination of
Your account and Your access to the Site, if You breach any of these
Terms and Conditions of Use, or if we are unable to authenticate any
information that You submit to the site, which we choose to verify.
agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from any material You provide to
the Site, any Site Content that You use, or Your breach of these Terms
and Conditions. The Company shall provide notice to You promptly of any
such claim, suit, or proceeding and may choose, in its sole discretion
to assist You, at Your expense, in defending any such claim, suit or
The Company makes no claims that the
Web Site Content may be lawfully viewed or accessed outside of the
United States. Access to the Web Site Content may not be legal by
certain persons or in certain countries, under the laws of that
country, or the laws of the United States. If You access the Web Site
from outside of the United States, You do so at Your own risk and are
responsible for compliance with the laws of Your jurisdiction. These
Terms and conditions are governed by the internal substantive laws of
the State of Wisconsin, USA, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement
shall lie exclusively with the state or federal courts within
Wisconsin. If any provision of these Terms and Conditions are found to
be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of that or any other
of the Web Site, these Terms and Conditions constitute the entire
agreement between You and the Company with respect to the use of the
Site. No changes to these Terms and Conditions shall be made except by
a revised posting on this page by the Company.
connection to the Internet and our site requires access services from
Your local Internet Service Provider (ISP). Please contact Your
provider for details if You have any questions regarding Your
Certain areas of the
areas, or any part thereof, You agree to be bound by the additional
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