Terms and Conditions

Acceptance of Terms

Welcome and thank you for your interest in Santex Select! The following terms of use apply to the usability of any and all services provided by Santex Select. A.R. Santex, LLC provides its service to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at: www.santexselect.com/terms-of-service.html. In addition, when using a particular A.R. Santex, LLC owned or operated services, you and A.R. Santex, LLC shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. A.R. Santex, LLC may also offer other services that are governed by different Terms of Use. For instance, different terms apply to homesteader's members of Santex-Net and Santex Standard or any of the SantexGroup operated businesses, products and services. We value our clients and wish to provide them with the best dynamic tools and service possible. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make our service available to all our customers as consistent and efficient as possible.

Description of Service

Santex Select is a web-based application designed to facilitate the recruitment process of employees to employers. Santex Select provides users with access to a rich collection of resources, including various communications tools, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include certain communications from A.R. Santex, LLC, or any of its business affiliates such as, service announcements, administrative messages and the A.R. Santex, LLC Newsletter, and that these communications are considered part of A.R. Santex, LLC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new A.R. Santex, LLC properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS–IS" and that A.R. Santex, LLC assumes no responsibility for the timeliness, deletion, mis–delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or A.R. Santex, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, A.R. Santex, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Member Account, Password and Security

You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify A.R. Santex, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. A.R. Santex, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with Special Admonitions for International Use.

Interstate Nature of Communications on the Santex Select Site

When you register with Santex Select, you acknowledge that in using Santex Select services to send electronic communications, you will be causing communications to be sent through A.R. Santex, LLC's computer networks, portions of which are located in California other locations in the United States and portions of which are located abroad. As a result of A.R. Santex, LLC's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the service results in interstate data transmissions.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Contributions to A.R, Santex, LLC

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to A.R. Santex, LLC or Santex Select through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) A.R. Santex, LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) A.R. Santex, LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) A.R. Santex, LLC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of A.R. Santex, LLC without any obligation of A.R. Santex, LLC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from A.R. Santex, LLC under any circumstances

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Santex Select Site or Service (including your Service login ID), use of the Service, or access to the Service.

Dealing with Content posted by Users

Your correspondence or business dealings with, or participation in promotions of, advertisers and users found on or through the Santex Select Site or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those who use the Service. You agree that A.R. Santex, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such a content posted by the users of the Service.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software&qout;) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by A.R. Santex, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. A.R. Santex, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by A.R. Santex, LLC for use in accessing the Service.

User-Supplied Content

All services may be used for lawful purposes only. Through AR Santex LLC's Santex Select service, you may have access to user information including resumes, physical addresses, phone numbers, email address, work history, reference information. You may also have access to other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Santex Select Service. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations. AR Santex LLC is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, AR Santex LLC has the right, but not the obligation, to edit, remove, or deny access to such content. AR Santex LLC may disclose any content or records concerning a customer's account as required; to satisfy any Law, Regulation, Governmental Request, or Court Order. Pornography and sex-related content are prohibited on all AR Santex LLC servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to AR Santex LLC's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

Adult Sites

Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. The Distribution and/or Transmission of Obscene, Indecent Speech or Materials. Violation of Indecency and Obscenity Laws can result in criminal penalties.

Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

Hacking/Phreaking

Includes posts with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to clients, users, internet sites or providers.

Network Security

Customers may not use the AR Santex LLC and Santex Select network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer or user, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers and Users may not attempt to interfere or deny Service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. AR Santex LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Server Resources
Any client or user that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs

Background Daemons in general are prohibited. AR Santex LLC will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

AR Santex LLC prohibits its customers from operating IRC or IRC Bots on any of the servers in the AR Santex LLC Network.

Backups / Restores

As a courtesy you can request our administrators to run a backup of your site, database, or any files for a one-time charge. Although AR Santex LLC tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or database file may not be able to be restored without our knowledge. AR Santex LLC recommends that the customer periodically and frequently backup their site and data to their local computer.

Commercial Advertising/Mass Mailings

You must not use the Santex Select service, AR Santex LLC equipment, or any AR Santex LLC email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Santex Select network, AR Santex LLC equipment or any AR Santex LLC email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, AR Santex LLC reserves the right to disable your SantexSelect account. In addition, AR Santex LLC may impose a $100 penalty for each spam policy violation. AR Santex LLC solely reserves the right to refuse or cancel service to known spammers. Lastly, AR Santex LLC reserves the right to determine what violates this policy. As such, any violation may result in cancellation of your account services without refund. AR Santex LLC is not responsible for alerting your Santex Select users that your account has been canceled.

Refusal of Service

AR Santex LLC reserves the right at its sole discretion and at any time to refuse or cancel service to its Santex Select customers and users. Violation of any of Santex Select's rules and regulations could result in a warning, suspension, or possible account termination. Accounts suspended or terminated due to policy violations will not be refunded.

Pricing

A.R. Santex, LLC reserves the right to change its pricing of the Santex Select service at any time. The customer has the right to accept or deny the new rates. Should the customer deny the new rates, A.R. Santex, LLC will provide the customer the Service for the remaining time of the then paid period until the new rate takes effect.

Payment Policies

Services are provided only with automated credit card processing. Each account will be automatically renewed each and every month according to our recurring billing cycle. The customer agrees to accept responsibility with bank and/or credit card company. There is a $25.00 service charge for each credit card denial. Delinquent accounts will be placed on "hold" and may not be used until the account is brought back up to date. Once account is placed on "hold" A.R. Santex, LLC cannot guarantee a users mail file and database will be unaffected. All clients are responsible for reporting new or changed credit card data to AR Santex, LLC. This data may include but is not limited to credit card number, card type, expiration date, name change, or the CVV/CVC number.

Service Cancellation

You can cancel your account at any time for any reason. No strings attached. No long-term contracts. Canceling your Service is hassle free. To authenticate a cancellation request, you must fill out our cancellation form 72 hours prior to the billing cycle. The billing cycle takes place on the same date each and every month. If an account was created on January 15th, the next billing cycle is the 15th of every month for as long as the account remains open. We cannot accept cancellation requests over the phone for security reasons. If cancellation request has not been confirmed prior to 72 hours, A.R. Santex, LLC is not responsible for auto processing charges, and customer agrees to accept responsibility with bank or credit card company for those charges.

Web Site Policies

You are solely responsible for any information contained on your Santex Select site. However, if complaints are received regarding language, content or graphics contained on your site, A.R. Santex, LLC may, at its sole discretion, remove the site or pages hosted on A.R. Santex, LLC servers or providers, and terminate your service. You may not use your web Santex Select account to publish material that A.R. Santex, LLC determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which A.R. Santex, LLC concludes, at its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

INDEMNIFICATION

A subscriber or user agrees that it shall defend, indemnify, save and hold A.R. Santex, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees and expenses asserted against A.R. Santex,LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assignees. Customer agrees to defend, indemnify and hold harmless A.R. Santex, LLC against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with A.R. Santex, LLC server or providers; and/or any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and/or copyright infringement. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO LEGAL THEORY SHALL A.R. SANTEX, LLC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE SANTEXSELECT; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND A.R. SANTEX, LLC'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO A.R. SANTEX, LLC OR SANTEXSELECT RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT A.R. SANTEX, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. In no event shall A.R. Santex, LLC total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid by subscriber to A.R. Santex, LLC under this Agreement. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF SANTEX SELECT SERVICES IS AT YOUR SOLE RISK. SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY A.R. SANTEX, LLC, ITS AGENTS, OR ITS EMPLOYEES SHALL CREATE A WARRANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Terms and Conditions

Using A.R. Santex, LLC's services is at your sole risk. A.R. Santex, LLC makes no warranties or representations as to its accuracy and A.R. Santex, LLC specifically disclaims any liability or responsibility for any errors or omissions in the content on your Santex Select Site. Neither A.R. Santex, LLC nor any other party involved in creating, developing, producing, or delivering the Santex Select Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access the Santex Select Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
A.R. Santex, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Santex Select Site or your downloading of any materials, data, text, images, video, or audio from the site.
A.R. Santex, LLC is not responsible for the content of any site linked to or from the Santex Select Site. Your linking to any other site is entirely at your own risk. While A.R. Santex, LLC may provide links on the Santex Select Site to other sites; the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. A.R. Santex, LLC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
Although A.R. Santex, LLC may from time to time monitor or review discussions, postings, resumes, documents, transmissions, blogs, bulletin boards and the like on the Santex Select Site, A.R. Santex, LLC is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such enc. Nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. A.R. Santex, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing A.R. Santex, LLC to disclose the identity of anyone posting such materials.
These Terms and Conditions are to be governed by and construed in accordance with the law of California, United States of America, without reference to its conflicts of law rules. Your agreement and acceptance of these Terms and Conditions or use of Santex Select construes acceptance of these Terms and Conditions and Acceptable Use Policy which supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order. A.R. Santex, LLC reserves the right to modify these Terms and Conditions and Acceptable Use Policy and change pricing and/or services at any time without notice.

General Information

Entire Agreement: The TOU constitutes the entire agreement between you and A.R. Santex, LLC and governs your use of the Santex Select Site and Service, superseding any prior agreements between you and A.R. Santex, LLC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other A.R. Santex, LLC services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

The TOU and the relationship between you and A.R. Santex, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and A.R. Santex, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.

Waiver and Severability of Terms

The failure of A.R. Santex, LLC to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your A.R. Santex, LLC account is non-transferable and any rights to your SantexSelect ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted by the handler of your estate or their constituents.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within two (2) months after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.