Use of the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 18 years of age or older to use the Site. If you do not qualify, please do not use the Site. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You acknowledge and agree that it is your responsibility to update or correct any information that you provide to us and that Williams & Company may preserve any information you submit to the Site.
Changes, Restrictions and Termination. We reserve the right to make changes, deletions, corrections, cancellations and/or improvements to the content on the Site (including any employment opportunities), without notice, at any time, including after receiving information from you. You agree that Williams & Company, in our sole and absolute discretion, with or without notice, may for any reason: (a) change or terminate all or any part of our Site or Services; (b) deny, restrict or terminate your access to or use of all or any part of our Site or Services; (c) refuse to provide the Services to you; or (d) refuse, move, or remove any content that is available on the Site and any information that you submit to or through the Site. You agree that Williams & Company shall not be liable to you or any third party for any termination of your access to the Site or use of the Services.
Proprietary Rights. You acknowledge and agree that content contained in the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Williams & Company, you agree not to modify, distribute, copy, reproduce or create derivative works based on the Site, in whole or in part, and not to sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by Williams & Company are the copyright of Williams & Company. All rights reserved. You agree that the Williams & Company’s trademarks (including, without limitation, trade names, service marks, logos and service names) are the sole property of Williams & Company and that you will not display or use them in any manner any without the express prior permission of Williams & Company.
Indemnification. You agree to indemnify, defend (at our election) and hold Williams & Company, its directors, officers, employees, and agents, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the Services, your connection to the Site, any information that you provide to us, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity. Williams & Company shall have the right to participate, at its sole expense, in the defense of any indemnified claim, through counsel of its own choosing.
Limits on Liability. Williams & Company will not be liable for: (a) the contents of any communication, message, or information submitted by you or any third party; (b) the disclosure by any prospective employer or other third party of any information you provided to us that we in turn provided to a client prospective employer who was subject to an obligation of confidentiality; (c) the content, statements, representations, advertising, products, services or other materials on or available from any website not controlled, owned, or operated by Williams & Company that is accessed from or linked to this Site; (d) the content, services or information provided by any website purporting to be operated by Williams & Company or its affiliates, but not actually affiliated with, controlled, owned, or operated by Williams & Company; (e) any damages or injury (including but not limited to, any failure of performance, error, omission, interruption, defect, delay, computer virus, or line failure) caused by the Services, the Site, any material downloaded from the Site, or our failure to enforce these Terms; or (f) any direct, indirect, incidental, special, punitive or consequential damages (such as loss of profits, data or use) arising out of or relating to your use of or inability to use the Site or the Services, even if Williams & Company has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site or the Services, your sole and exclusive remedy is to discontinue using the Site or the Services.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE PROVIDE THEM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WILLIAMS & COMPANY MAKES NO WARRANTIES OF ANY KIND REGARDING THE SERVICES OR THE SITE (OR ANY CONTENT, STATEMENTS, REPRESENTATIONS, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM THIRD-PARTY WEBSITES ACCESSIBLE BY A LINK ON THE SITE) AND WILLIAMS & COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WILLIAMS & COMPANY MAKES NO WARRANTY THAT (A) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES, SITE, OR FUNCTIONS CONTAINED IN THE SITE WILL BE ACCURATE, RELIABLE, AVAILABLE, UNINTERRUPTED, TIMELY, FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS, SECURE, OR ERROR-FREE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, PERIODIC SCHEDULED OR UNSCHEDULED SYSTEM MAINTENANCE; ACTS OF GOD; UNAUTHORIZED ACCESS; VIRUSES, DENIAL OF SERVICE, OR OTHER ATTACKS; OR TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR OTHER DISRUPTION; OR (C) ANY ERRORS IN THE SERVICES OR THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILLIAMS & COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Privacy. The terms and conditions of Williams & Company’s Privacy Statement are located here and are incorporated herein by reference. In the event of a conflict between these Terms and the Privacy Statement, the Privacy Statement shall govern.
Governing Law; Binding Arbitration. You and Williams & Company agree that the Terms and the relationship between you and Williams & Company shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis. Arbitration of Disputes. Except as otherwise expressly provided below, any dispute concerning, relating to or arising out of the Terms shall be submitted to binding arbitration in Denver, Colorado in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association then in effect (the "Rules"). There shall be a single arbitrator, chosen by agreement of the parties, or if you and Williams & Company are unable to agree within thirty (30) days after the respondent receives the demand for arbitration ("Demand"), then a single arbitrator shall be chosen in accordance with the Rules. The arbitral award shall be final and binding, state reasons therefor, and may be confirmed by the judgment of a court of competent jurisdiction. The arbitrator shall have no power or authority to award damages in excess of applicable limits, compel licensing of any intellectual property, award other remedies or relief not contemplated hereunder or authorized by applicable law, reinstate the Terms (or any portion thereof) following exercise of termination rights, or to alter, amend or supplement any term, condition or other provision of the Terms. Williams & Company and you each reserve the right to: (i) seek provisional remedies from a court of competent jurisdiction; (ii) litigate disputes concerning intellectual property; or (iii) litigate claims against one another arising in litigation involving third parties who are not amenable to arbitration under the Terms. In the event of any such litigation, the court or arbitrator, as appropriate, shall stay any arbitral proceedings then pending to the extent that they concern the foregoing. You and Williams & Company hereby irrevocably and unconditionally submit to the jurisdiction of the United States District Court for the District of Colorado or any state court of competent jurisdiction sitting in Denver County, Colorado for purposes of all legal proceedings arising out of or relating to the Terms, and agree not to commence any legal proceedings related thereto except in such court (but without prejudice to either party's right to seek provisional remedies or enforce an arbitral award, or judgment entered thereon, in any court with jurisdiction over the relevant parties or their assets). You and Williams & Company hereby irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.