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MEMBERS TERMS OF USE Welcome to the Puget Sound Chapter of Independent Electrical Contractors (IEC) Members Terms of Use (“Terms of Use”). These Terms of Use describe the terms and conditions under which members of IEC (you, member or hiring company) may access and use the IEC website and services. Please read these Terms of Use carefully. If you do not accept these Terms of Use, do not use the IEC website and services. By clicking “I Accept” below and by using the IEC website or any of its services, you are indicating your acceptance of these Terms of Use. IEC may revise these Terms of Use at any time by posting the amended terms and/or conditions on the website. Any such amended terms and/or conditions shall automatically be effective when they are posted on this website. You should review these Terms of Use periodically as they are binding when you are accessing or using this website and services. These Terms of Use were last revised on June 10, 2003. For more information, please contact: Puget Sound Washington IEC P.O. Box 1295 Gig Harbor, WA 98335 253-858-7427 Eligibility for Membership and Services IEC's services, including our JobBoard, are available only to members and bona fide applicants for work in the independent electrical contracting industry. As a condition for use of the IEC website and services available to members, you may be required to provide IEC with a Federal Tax Identification number, Dun & Bradstreet identification number, and/or any additional information requested by IEC. Further, Members may be required to enter into additional agreements with IEC, including without limitation an agreement regarding fees to be paid by you for use of IEC's services. If you do not qualify, please do not use our services. IEC may refuse our services to anyone at any time, in our sole discretion. IEC authorizes Contractor Members to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by IEC on this website (“Materials”). All Materials included on this site are the property of IEC or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Materials on this website is the exclusive property of IEC and protected by U.S. and international copyright laws. All software used on this site is the property of IEC or its software or content suppliers and protected by U.S. and international copyright laws. Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express permission of and membership in the Puget Sound Washington Chapter of Independent Electrical Contractors. The use of the Materials on any other web site or in a networked computer environment is prohibited. IEC and certain other service marks, slogans, graphics, logos, and service names that are displayed on this web site are trademarks of IEC and may not be used in connection with any product or service that is not owned by IEC, in any manner that is likely to cause confusion among IEC's members, clients or customers, or in any manner that disparages or discredits IEC. All other product and service marks contained on this web site are the trademarks of their respective owners. This site may be covered by one or more patents or pending patent applications owned by IEC. In addition to violating these Terms of Use, unauthorized use of the Materials may violate copyright, trademark, patent and other laws. Permitted Use of Website This website and the Materials included on this site (collectively, the “Site”) may be used only for lawful purposes by individuals seeking membership information, employment and career information and member entities, seeking candidates for employment. You represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use. It is your responsibility to ensure that your use of the Site, including use by your employees, complies with these Terms of Use and to seek prior, express written permission from IEC for any uses not permitted or not expressly specified in these Terms of Use. In connection with your use of the Site, you will not: Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. Post or transmit any message, information, data, text, software or images, or other materials (content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may invade another's right of privacy or publicity. Impersonate any person or entity, including without limitation an IEC employee, member or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity. Post or transmit any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements). Post any incomplete, false, or inaccurate information regarding an employer or available employment opportunities or information that is not an accurate description of an employer's business or company for use in describing available employment opportunities. Delete or modify any material posted by any other person or entity. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment. Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals or entities. Register an e-mail address which you do not own or do not have the express permission of the owner to register. Violate or attempt to violate the security or integrity of the Site, including, without limitation: accessing data not intended for you or logging into a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mail bombing" or "crashing"; disclosing or sharing your password to/with any third parties or using your password for any unauthorized purpose; attempting to decipher, decompile, disassemble or reverse engineer any of the content or software comprising or in any way making up a part of the Site; sending unsolicited advertising, promotional Materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of Site, system or network security may result in civil or criminal liability. IEC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. When you register to use the Site, or when you sign up to use certain services, participate in an employment exchange, enter into a contest or promotion, or complete a survey for internal research, IEC collects some personal information. Information that may be collected includes name, address, e-mail address and telephone number. In addition to the terms and conditions of any privacy policy on this Site, you understand and agree that IEC and its affiliates and agents may access, use, and store this information indefinitely and may collect and process the information in one or more databases maintained directly or indirectly by IEC. In addition, you understand and agree that IEC may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration as well as other aggregate information collected about users of this Site, including without limitation the pages users visit most frequently, the services users access the most, and the links to IEC partners that users most often visit. IEC will not knowingly disclose to any third party 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 or where IEC believes in good faith that the law requires such disclosure. IEC uses its best efforts to protect your personal information. However, you understand and agree that IEC is not responsible or liable for the acquisition of your personal information by third parties without IEC's knowledge and IEC has no control over anything that occurs on servers not controlled by IEC. IEC 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; such offers may be made by IEC or by third parties and offers sent to your e-mail address may contain advertisements. Please see IEC's Privacy Statement on this Site for further details regarding your information. You understand and agree that in the event you communicate any information, feedback, data, questions, comments, suggestions or other items to IEC regarding IEC, the Site, or the services offered on the Site, any such communication shall be deemed not to be confidential and shall become the property of IEC, and IEC shall be free to reproduce, use, disclose and distribute such communication to others, without limitation. You further understand and agree that IEC shall also have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication in any manner and for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products or providing services. As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. IEC does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by any user or endorses any opinions expressed by any user. You acknowledge that any reliance on material posted by other users will be at your own risk. IEC has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by any user. If notified by a user of communications that allegedly do not conform to these Terms of Use, IEC may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. IEC is not liable or responsible to any user for performance or nonperformance of such activities. IEC reserves the right to expel any user and prevent their further access to the website for violating these Terms of Use or any law, and the right to remove communications which are abusive, illegal, or disruptive. You understand and agree that by submitting content to any public area of the website, including any message boards, forums, contests and chat rooms, you grant IEC and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Contractor Registration and Password Contractor members are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration or password, whether or not authorized by you. You agree to immediately notify IEC of any unauthorized use of your registration or password. The Site and the Materials may contain inaccuracies or typographical errors. IEC makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Materials, and use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time by IEC. You assume all risks associated with dealing with other users with whom you come in contact through this Site, including without limitation, the risks of physical harm, dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. IEC cannot and does not confirm that each user is who they claim to be. Posted resumes and other candidate descriptions, information, and Materials are the sole responsibility of the candidates who make such postings. You acknowledge and agree that IEC makes no representations about and does not assume any responsibility or liability for the accuracy, completeness, truthfulness, or timeliness of such postings, including without limitation the existence and availability of any such candidates and the accuracy and truthfulness of any posted resumes, candidate descriptions, or other candidate information. IEC shall not be responsible for any employment decisions made, for whatever reason, by any candidate for employment or user posting a resume or other information on the Site. Further, the Hiring Company acknowledges and agrees that no joint venture, partnership, employment or agency relationship exists between Hiring Company and IEC as a result of these Terms of Use or your use of the Site. Hiring Company understands and acknowledges that IEC is an equal opportunity employer and that it does not tolerate illegal discrimination of any form in its business. To that end, Hiring Company agrees that, in using the Site or information obtained through the Site, it will consider and select candidates for employment without regard to their race, color, religion, sex, national origin, age, disability, or other protected characteristic. Hiring Company acknowledges that IEC will immediately terminate Hiring Company's registration and access to the Site if it learns that Hiring Company is using information on or from the Site to make discriminatory hiring or selection decisions. Further, Hiring Company agrees to fully defend, indemnify, and hold harmless IEC, its officers, directors, employees, agents, and affiliates from and against any claims, actions or demands by any person, entity, or government agency or authority that IEC engaged or participated in discrimination based upon actions taken or decisions made by Hiring Company in hiring or selecting candidates from the Site (including reimbursement of attorneys' fees and costs incurred by IEC in defending such claims). You acknowledge and agree to the following: IEC makes no representations about and does not assume any responsibility or liability for the existence and availability of any candidates for employment opportunities with Hiring Company, or any such candidate's ability and willingness to accept any position of employment. IEC does not participate in, has no control over, and does not assume any responsibility or liability for any transaction between a candidate for employment and Hiring Company, including without limitation the truth or accuracy of candidate resumes and information and the ability and willingness of a bidding entity to complete an employment transaction with Hiring Company and accept a position of employment. YOU HEREBY RELEASE IEC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH LISTINGS, BIDS, UNCOMPLETED OR COMPLETED TRANSACTIONS, OR POSITIONS OF EMPLOYMENT OFFERED OR ACTUALLY ACCEPTED. THIRD-PARTY PRODUCTS. THIS SITE CONTAINS THIRD-PARTY PRODUCTS AND SERVICES. THE MENTION OF THIRD PARTIES AND/OR INCLUSION OF THEIR RESPECTIVE PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION NOR AN ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS. ALL THIRD-PARTY PRODUCTS MUST BE ORDERED DIRECTLY FROM SUCH THIRD PARTIES OR THEIR REPRESENTATIVES AND ALL LICENSES AND WARRANTIES RELATING TO SUCH THIRD-PARTY PRODUCTS, IF ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. IEC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY PRODUCT OR SERVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS OR DATA CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES. LINKS TO THIRD-PARTY SITES. THIS SITE CONTAINS LINKS TO THIRD-PARTY WEBSITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY IEC OF SUCH THIRD-PARTY SITE OR THE CONTENTS THEREOF. IEC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY SITE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY SITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. DISCLAIMER AND LIMITATION OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY IEC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. IEC EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST IEC AS THE SYSTEM PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THIS SITE. IEC MAKES NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY EMPLOYMENT VIA THIS SITE, NOR ANY WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYMENT YOU MAY OBTAIN. IEC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, TRUTHFULNESS, OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY OTHER MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL IEC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF IEC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN IEC'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS ARISING FROM THE USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S. $100.00. TERMINATION. IEC reserves the right, at its sole discretion, to pursue all of its legal remedies, including without limitation, deletion of your postings from this website or immediate termination of your membership or ability to access the website and/or any other service provided to you by IEC, upon any breach by you of these Terms of Use or if IEC is unable to verify or authenticate any information you submit to this website. INDEMNITY. You agree to defend, indemnify, and hold harmless IEC, its officers, directors, employees, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Materials or your breach of these Terms of Use. IEC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. OTHER AGREEMENTS WITH IEC. The terms and conditions of these Terms of Use are in addition to and do not supersede any other binding agreements between Hiring Company and IEC. GENERAL. This Site is controlled and operated by IEC from its offices within the state of Washington , United States of America . IEC makes no representation that the website or the Materials are appropriate or available for use in other jurisdictions, and access to them from jurisdictions where its contents are illegal or prohibited. Those who choose to access the website from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the website or the Materials shall be governed by the substantive laws of the State of Washington, U.S.A., without giving effect to any principles of conflicts of laws, and without reference to the 1980 United Nations Convention on the International Sale of Goods. Hiring Company and IEC hereby consent to the exclusive jurisdiction and venue for any action or dispute arising under these Terms of Use in the state or federal courts located in Tacoma, Pierce County, Washington , U.S.A. If any provision of these Terms of Use is 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 of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," software license, or additional terms of use on particular pages or services on the Site or linked to the Site, to which you agree to be bound, these Terms of Use constitute the entire agreement between you and IEC with respect to the use of the Site. No changes to these Terms of Use shall be made except by a revised posting on this page. Except as expressly provided herein, nothing in the Materials or on this Site confers or is to be construed as conferring, whether by implication, or otherwise, any license or right under any patent, copyright, trademark or other right of IEC or any third party. Any and all rights not expressly granted herein are reserved by IEC.