Terms of Use

These “Terms and Conditions” govern your use of the web site known as IMPAXIS (“the Site”). Please read this page carefully.

Welcome to IMPAXIS. The purpose of this Web Site (“Site”) is to provide our users with a resource for conducting a job search. The following are the terms of a legal agreement between you and IMPAXIS. Do not use this Site and service if you are not willing to accept the Terms and Conditions stated herein. By accessing, browsing, and/or using this Site, you are indicating your acceptance to be bound by these Terms and Conditions. You are advised to check this Terms and Conditions page periodically to review changes that could be made at any time, because these changes are binding on you. IMPAXIS may modify these Terms and Conditions at any time in its sole discretion by updating this posting. The terms “You” and “User” as used herein refer to all persons and/or entities using this Site for any reason.

Copyright Notice

The contents of this Site, such as the “look” and “feel” of the Site, text, images, logos, button icons, software and other “Material”, are protected under United States and foreign copyright, trademark and other laws. All Material is the property of IMPAXIS or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of IMPAXIS and is protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML or other code that IMPAXIS creates to generate its pages. It is also protected by IMPAXIS's copyright.

Material Use

IMPAXIS authorizes you to view, a single copy of the material on this Site solely for your personal, noncommercial, internal business purposes or as a job seeker. You may not distribute such material to third parties or use it to create databases, directories, mailing or marketing lists or for any other purpose, but does not include taking a member list to create a database for personal, noncommercial, internal business purposes or as a job seeker. All content on the Site, including, but not limited to software, databases, text, graphics, images, logos, button icons, lists, and other material (collectively, the “Material”) are the property of IMPAXIS, or its third party content suppliers or clients. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from any software accessible or available through IMPAXIS, or sell, assign, sub-license or otherwise transfer any right in such software. You may not incorporate the Material for any purpose into another database, search engine, any other web site or in a networked computer environment of any kind. You may not copy or adapt the HTML code that IMPAXIS creates to generate its pages, since it is protected by IMPAXIS's copyright.

Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring.

User Information

Material on this Site may be changed, terminated, or updated without notice. IMPAXIS may also make improvements and/or changes in the services described in this Site at any time without notice. Any information or material sent to IMPAXIS shall not be considered confidential. By sending IMPAXIS any information or material, you grant IMPAXIS an unrestricted, irrevocable right and license to use such information for its business purposes, including the right to post job listings and resumes that you place on this Site.

Prohibited Site Use

You may refer to the URL of this Site without limitation, but you may not link to this Site without IMPAXIS's prior written approval. You may not use the Site in order to transmit, distribute, erase, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, 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 harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing or otherwise objectionable.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (c) forging any TCP/IP packet header or any part of the header information in any e-mail or posting (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mailbombing”, or “crashing”, (e) sending unsolicited e-mail, “junk mail”, “chain letters”, including promotional materials and/or advertising of products or services, or any other form of solicitation. IMPAXIS will investigate occurrences which may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Violations of system and network security may result in civil or criminal liability.

Specific Prohibited Uses

The Site may only be used for lawful purposes. IMPAXIS specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:

Posting any incomplete, false, inaccurate or misleading information about yourself, your organization, and/or your postings, or biographical/employment information which is not your own, accurate resume. Recruiters representing candidates may not send that candidate’s resume in response to a job posting;
Recruiters must identify themselves as such on the site during the signup process and must not otherwise misrepresent themselves or the positions that they post;
Deleting or revising any material posted by any other person on the Site;
Posting or transmitting any message, information, data, text, software or images, or other material that may invade another’s privacy or publicity rights or is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or otherwise objectionable;
Posting a sexually–explicit image or statement;
Allowing any other third person to access a non-public area of this Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site;
Taking any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure;
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
Copying or duplicating any of the materials or information available from the Site;
Framing of or linking to any of the materials or information available from the Site.

Feedback and Information

Any feedback that you provide at this Site, including but not limited to, electronic and written correspondence, shall be deemed to be non-confidential and non-proprietary and can be used by IMPAXIS without limitation.

Termination

We may terminate this license at any time if, in our sole discretion and judgment, you fail to comply with any term or provision of this Agreement, Upon termination, you shall destroy any materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Indemnification

By using this Site, you agree to indemnify, hold harmless and defend IMPAXIS from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from your use of this Site, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of IMPAXIS.

Warranty Disclaimer

IMPAXIS makes no representations or warranties regarding the effectiveness of the Site or its content in meeting your employment objectives. IMPAXIS does not guarantee that any employer or client will ask for your resume, ask to interview you or hire you. IMPAXIS does not guarantee to any employer or recruiter the availability of resumes or candidates, or that any candidate will meet your needs.

IMPAXIS uses reasonable care in compiling and presenting the information found on this Site. However, the accuracy of information supplied by candidates, employers and other users is not within the control of IMPAXIS, and IMPAXIS does not certify that it has verified any information in any job listing, resume, file or other posting entered into the IMPAXIS database or available on this Site. Further, IMPAXIS does not assume liability for any errors or omissions in the content on this Site or any third party site, including, but not limited to, typographical errors, inaccuracies, outdated information, or broken links. This Site and all information within it are provided on an “as is” basis without any warranties of any kind, express or implied. IMPAXIS expressly disclaims liability for errors or omissions in the information found on this Site.

IMPAXIS expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to this Site and information.

You acknowledge that in any computer system and any network of computer systems there is certain to be “downtime” due to mechanical, telecommunication, software, hardware and third-party vendor failures during which IMPAXIS will be unable to provide this Site to you. IMPAXIS cannot predict or control when such “downtime” may occur and cannot control the duration of such “downtime.”

IMPAXIS uses this Site to provide the access, computer services and connections that link the IMPAXIS database to the Internet and other network systems. IMPAXIS has authority or control only over the operation of this Site. Nevertheless, you understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, IMPAXIS cannot be responsible for the integrity of any information, file or other posting available on or sent to this Site.

IMPAXIS has no authority or control over the content, operation or performance of any portion of the Internet including other websites to which this Site may be linked or from which this Site may be accessed. A link to a website not owned or operated by IMPAXIS does not mean that IMPAXIS endorses or accepts responsibility for the content or use of such Site and such link is being provided to you merely as a convenience.

Reference to any product, process, publication, service or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement or recommendation by IMPACT Group. The views and opinions of employers, candidates and other users of this Site do not necessarily state or reflect those of IMPAXIS.

Limitation of Liability

IN NO EVENT WILL IMPAXIS BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF IMPACT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN IMPACT GROUP’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $25.00.

Proprietary Information (Trademarks and Service Marks)

Certain portions of this Site contain information that is considered confidential and proprietary. This information is not available to the general public. Any attempt to access this information will be prosecuted to the fullest extent possible under local, state, national and international law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of IMPAXIS or any third party, except as expressly granted herein.

General

IMPAXIS makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the 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 Missouri, without respect to its conflict of laws principles. Jurisdiction for any claims arising under your use of this Site shall lie exclusively with the state or federal courts within St. Louis, Missouri. 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 such term or any other term. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

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