The Swiss Colony, Inc. (“Company”), together with its affiliated entities (including, but not limited to any or all of those entities that can be found by clicking on Affiliates and which are hereinafter referred to individually or collectively as “Affiliates”) and licensors has developed a World Wide Web site located at www.theswisscolony.net (the “Site”) that consists of information, graphics, documents, job listings, photos, and other materials and content provided by Company (the “Materials”). "Visitor" (or “You” or“Your”) means each person who accesses the Site (or any Materials on the Site), including, without limitation, those who complete the registration process to establish an account ("Account") for the purpose of submitting their information to apply for employment via the Careers area designated on the Site (the “Careers Section”). By using the Site, accessing the Materials, or creating an Account, You agree to be bound by these terms and conditions (the "Agreement").
2. Visitor Obligations
The right to use the Site and the Materials is personal to Visitor and is not transferable to any other person or entity. Visitor is responsible for all use of Visitor's Account and for ensuring that all use of Visitor's Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor's password(s), if any. Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. To the extent Visitor is permitted, pursuant to this Agreement, to share the Materials with employees or other third parties, Visitor agrees to remain responsible for their compliance with the terms of this Agreement. You represent that you are of legal age to form a binding contract and you agree to: (a) provide true, accurate, current and complete information about yourself if you utilize any portion of the Site that requires you to submit information, including, without limitation, personal information (all such material, the "Visitor Data") and to (b) promptly update the Visitor Data to keep it true, accurate, current and complete. You acknowledge that if you provide any Visitor Data that is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Site.
3. Modification of Terms
Company shall have the right at any time to change or modify the terms and conditions applicable to Visitor's use of the Site, the Materials, or any part of either of the above, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of the Site or the Materials by Visitor after such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
4. Limited License
The Site and the Materials contain copyrighted material, trademarks and other proprietary information (which may include, without limitation, text, software, photos, video, graphics, and documents), and as between Visitor and Company, Company owns all right, title and interest in and to such materials (some of which rights may be licensed to Company by its Affiliates or others). Visitor may not, directly or indirectly, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials, in whole or in part, other than as expressly authorized by this Agreement. Visitor may download Materials for Visitor's personal use in accordance with this Agreement only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Materials is permitted without the express permission of Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading Materials. Your possession and use of Materials does not give you any ownership or other rights in the Materials other than the limited, personal, non-exclusive, revocable license rights described in the following subsections:
(a) You are allowed unlimited use of the Site and the Materials as such are viewed on your computer(s) so long as that use is directly related to the current or prospective relationship (whether business or employment) you have, or may desire to have, with Company or its Affiliates (e.g., supplier, prospective supplier, applicant for employment, customer, and the like);
(b) You are allowed to print any of the documents on the Site or in the Materials so long as those hard copies are used is directly related to the current or prospective relationship (whether business or employment) you have, or may desire to have, with Company or its Affiliates (e.g., supplier, prospective supplier, applicant for employment, customer, and the like). You agree that the hard copy versions of the Materials remain the property of Company subject to the terms of this Agreement;
(c) You agree not to copy any of the Materials onto your computer’s hard drive or any other electronic storage media, other than as reasonably necessary and incident to utilizing the rights granted to You in the preceding paragraphs (b) and (c); and (d) If you do not have a current or prospective relationship with Company or its Affiliates, you are allowed limited use of the Site and the Materials solely for your personal, non-commercial use, and in no event for any purpose which is (or in the reasonable opinion of Company, may be) competitive to Company.
5. Confidentiality Agreement
In further consideration of Company providing you with access to the Site and use of the Materials, you agree that without Company’s express prior written consent you will not: (i) describe or summarize the contents or organization of any of the Materials or the Site to anyone other than your employees; (ii) use, or allow the use of, any of the Materials or the Site on behalf of any other person or business organization; or (iii) allow anyone other than your own employees to have access to the Site or any of the Materials whether in electronic or printed form. You agree to take the same steps to protect the confidentiality of the Materials, the Site and any documents printed from either, in the same manner as you would for your own confidential information. You also agree to take all steps reasonably necessary to insure any employees who have or are allowed access to the Materials or printed documents are aware of the provisions of this agreement and that they comply with those provisions.
6. Return of Materials
You agree that upon Company’s request you will immediately return the Materials in your possession or certify their destruction (along with any backup copies you may have), any documents printed from the Site or the Materials, and any notes or other summaries you may have prepared (in either written or electronic form) of information contained in the Materials or from the Site.
7. Disclaimer of Warranties and Liability
In the event that Company or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either Company or its affiliated entities operates or controls in any way any information, products or services on these third party sites.
YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE, THE MATERIALS OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS OR OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWISS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF THE MATERIALS ON THE SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID FOR USE OF THE SITE, OR (b) ONE HUNDRED DOLLARS ($100).
Visitor agrees to defend, indemnify and hold harmless Company, its Affiliates, agents and licensors, and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys' fees, arising out of the use of the Site or the Materials by Visitor or via Visitor's Account.
Either Company or Visitor may terminate this Agreement at any time. Without limiting the foregoing, Company shall have the right to immediately terminate Visitor's Account in the event of any conduct by Visitor which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor of this Agreement. The provisions in Sections 5-8, 11 and 12 shall survive termination of this Agreement.
10. Data Collection and Logging
Company reserves the right to collect data regarding your use of the Site, including audit log information that allows us to determine what actions were taken by a particular Visitor. We may track logins and failed attempts to login, file access and downloads, session time, password changes, Visitor Data changes, and we may attach certain automatically collected information (such as an IP address, browser version, date and time stamps, etc.) to this information.
11. Careers Section of the Site
If You elect to use the Careers Section and/or create an Account, the terms of this paragraph shall also apply to Your use of the Site. While Company does use a third party company to manage and operate the Careers Section, and You explicitly consent to the third party’s collection of Visitor Data you may provide in the Careers Section, the Visitor Data is collected solely on Company’ behalf and Company has contractually prohibited the third party from otherwise using such Visitor Data. You acknowledge and agree that Company may use the Visitor Data provided in the Careers Section to evaluate your suitability for employment with Company and for any other legal purpose related to your application for employment, including, without limitation, those which are specifically described in the disclosures which are provided at the time you submit such Visitor Data in the Careers Section. You further acknowledge and agree that Company serves as an administrative services provider to certain of its affiliated entities (including, without limitation, the entities defined in section 1 above as Affiliates and that can be found by clicking on Affiliates), that some of the employment opportunities described in the Careers Section are opportunities with Affiliates and not with Company itself; and that to the extent a position you have applied for, or attempted to apply for, is with one or more of Affiliates, that the Affiliates (and not Company) will be solely responsible for all decisions with respect to evaluating your application and any subsequent employment. Additionally, You acknowledge and agree that the affiliated entities for whom Company serves an administrative function shall be considered third party beneficiaries of the terms and conditions set forth in this Agreement. Company is an Equal Opportunity Employer, and qualified applicants are considered for employment without regard to race, color, sex, religion, national origin, handicap, veteran status, age or marital status. If you need reasonable assistance or a reasonable accommodation during the application process because of a disability, it is available upon request. Company is pleased to provide such assistance, and no applicant will be penalized as a result of such a request.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws rules, and you consent to the exclusive jurisdiction of the appropriate State or Federal Court in the State of Wisconsin for any dispute arising out of or related to this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.