1. Introduction. This web page contains the Terms and Conditions governing your access to and use of this Web Site operated by H1 Base, Inc., a Florida Corporation (hereinafter, "H1 Base"). Please read this Web page carefully. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, then please do not use the site.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by H1 Base) form a binding agreement between you and H1 Base. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to these Terms and Conditions: "H1 Base Web Site" or the "Site" includes www.H1Base.com in its entirety and related sites owned or operated by H1 Base and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Customer" or "Purchaser" means a Member who is accessing the Site to search for United State immigration, U.S. visa and employment center services.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Member" refers to any individual or entity who subscribes to the U.S. immigration, U.S. visa, or employment services on this Site.
"Membership" means subscribing to the U.S. immigration, U.S. visa, or employment services.
"Programming" includes both client-side code (ASP, HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Services" means any services provided on the Site by H1 Base or its agents.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals for U.S. immigration, U.S. visa, and employment services. You may use this Site only for lawful purposes within the stated context of H1 Base's intended and acceptable use of the Site. H1 Base is the sole interpreter of the Site's intended and acceptable use.
4.2 License to Use by Members who are Customers. H1 Base hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking U.S. immigration, U.S. visa, and employment services for yourself. This authorizes you to view and post material to the website's message boards and may include access to an e-mail account, and other membership services, and material on H1 Base's Website, which may only be used solely for your personal, noncommercial use. H1 Base reserves the right to suspend or terminate your H1 Base.com Membership, services, and e-mail account, for any reason at any time, in its sole discretion.
4.3 Other Specific Rules. 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 and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of H1 Base or its licensors, and is protected by United States copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, H1 Base reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the ASP, HTML code used to generate Web pages on the Site. "H1 Base," the H1 Base design logo and certain other names or logos are service marks or trademarks of H1 Base, and all related product and service names, design marks and slogans are the service marks or trademarks of H1 Base. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by H1 Base's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
6. Disclaimers and Limitations on H1 Base's Liability.
6.1 Allocation of Responsibility. H1 Base assumes no responsibility for the activities, omissions or other conduct of Members.
6.2 No Endorsements by H1 Base. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Member or third party, whether in regards to its Web site, goods, products, services, or otherwise.
6.3 H1 Base makes no representations or guarantees regarding the effectiveness or timeliness of the Site, services or products in meeting the Member's U.S. immigration, visa, and employment objectives.
6.4 WARRANTY DISCLAIMERS.
(a) THE SITE AND SERVICES/PRODUCTS ARE PROVIDED ON AN 'AS IS' AND .AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. H1 BASE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. H1 BASE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) H1 BASE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, H1 BASE IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) H1 Base makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Members, or of any other form of communication engaged in by Members. Information provided by Members may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Members, or on any other form of communication with Members, will be at your own risk.
(iii) H1 Base makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) INFORMATION PROVIDED ON H1 BASE.COM PAGES AND MEMBER SERVICES INCLUDING ASK THE EXPERT IS NOT LEGAL ADVICE. TRANSMISSION OF THIS INFORMATION IS NOT INTENDED TO CREATE, AND RECEIPT BY YOU DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. READERS MUST NOT ACT UPON ANY INFORMATION WITHOUT FIRST SEEKING ADVICE FROM A QUALIFIED ATTORNEY.
(v) H1 BASE DOES NOT WARRANT, EXPRESSED OR IMPLIED, THE DATA ACCURACY OF OUR EMPLOYER DATABASE RECORDS OR LISTS, OR THAT BY USING OUR AUTOMATED SUBMISSION SERVICE THAT A RESUME WILL BE ACCEPTED BY A COMPANIES INTERNAL EMAIL SYSTEM OR RECEIVED BY COMPANIES LISTED IN OUR DATABASES.
(vi) DUE TO THE NATURE AND CONTENT OF H1 BASE SERVICES, AFTER YOU HAVE ACCESSED YOUR ACCOUNT, THERE IS NO REFUND FOR ANY SERVICE OR PRODUCT, FOR ANY REASON.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, THE TIME YOU SPEND ON THIS SITE AND USING H1 BASE SERVICES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL H1 BASE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOSS OF EMPLOYMENT, LOSS OF COMPENSATION, LOSS OF U.S. VISA STATUS) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT H1 BASE HAS BEEN NOTIFIED OF SUCH DAMAGES.
(c) DUE TO THE NATURE OF THESE TERMS AND CONDITIONS, IN ADDITION TO MONEY DAMAGES, H1 BASE WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THESE TERMS AND CONDITIONS BY YOU.
7. Links to Other Sites. H1 Base contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by H1 Base of the contents on such third-party Web sites. H1 Base is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site. H1 Base may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify H1 Base of your termination of registration immediately pursuant to the Notice provision in Section 11 and immediately discontinue your use of the Member services.
9. Indemnity. You agree to defend, indemnify, and hold harmless H1 Base (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any information posted by you, or your breach of these Terms and Conditions. H1 Base shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
10. Member Information. The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through H1 Base's on-line operations only. In addition, H1 Base reserves the right to comply, in its sole discretion, with legal requirements. When purchasing any or all of H1 Base's Membership products or services, H1 base reserves the sole right to submit any Member's resume (cv) to any or all of H1 Base's sponsor and employer databases, at any time, at H1 Base's sole discretion, without verbal or written consent from the Member. It is your responsibility for the maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify H1 Base of any unauthorized use of your registration or password.
11. Questions and Notices. Questions concerning the use of the Site should be directed to www.H1Base.com/Contact_Us. Notices shall be sent, for H1 Base, to the address listed on the Site, and, for you, to the address submitted by you or such other address as H1 Base reasonably determines is an appropriate address for you.
12. General. H1 Base's contact information is listed on the Site. H1 Base makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access H1 Base 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 Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Pinellas County, Florida. You and H1 Base' sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. 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. Except as expressly provided by H1 Base in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and H1 Base.
13. Mediation and Arbitration. Any disputes between the parties hereto, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be:
13.1 Referred to a neutral arbitrator residing in Pinellas County. The arbitration shall be held in Pinellas County. The parties shall share equally in the cost of said arbitration. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Florida Statutes Chapter 682, as amended, The Arbitration Code.
13.2 If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator.
13.3 Each party hereby waives all rights to a trial by jury as to any issue relating herein in any action, proceeding, or counterclaim arising out of or relating to the Agreement or any other matter involving the parties hereto.
14. Privacy Policy. You may be required to provide H1 Base with any or all of the following information: name, e-mail address, zip code or country, gender, birth date, visa type, member name and password, address, marital status, occupation and special interests. It is H1 Base's policy not to sell or market the Members of the H1 Base Member services' nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of H1 Base business and to provide services to our Members. H1 Base will share your nonpublic personal information with third parties only to the extent H1 Base believes it is reasonably necessary to provide H1 Base's services. In addition, in connection with providing services to you, H1 Base may also share your nonpublic personal and personally identifiable information with our affiliates. H1 Base reserves the right to release such information to law enforcement or other governmental officials as, in H1 Base's sole and absolute discretion, it is deemed necessary to comply with the law. H1 Base reserves the right to change this privacy statement in its sole and absolute discretion.
15. Remedies for Breach of Terms and Conditions. If H1 Base determines in its sole discretion, that you have breached the Terms and Conditions of this Agreement, H1 Base reserves the right to:
(a) warn you via e-mail that you have violated the Terms and Conditions of this Agreement;
(b) delete any and all content provided by you or your agent(s) to H1 Base.com's member services;
(c) discontinue your registration with H1 Base's member services and/or any other H1 Base.com community;
(d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) any other action that H1 Base.com deems appropriate.
16. Termination. H1 Base reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) the Terms and Conditions of this Agreement; (b) your registration with or ability to access H1 Base.com's member services and/or any other service provided to you by H1 base.com including any email account upon any breach by you of the Terms and Conditions of this Agreement.