Ralph Andersen & Associates -- executive recruitment, management, finance, and personnel resources -- primarily serving local government

Ralph Andersen & Associates
Corporate Office
5800 Stanford Ranch Road,
Suite 410
Rocklin, CA 95765

phone: 916.630.4900
fax: 916.630.4911
info@ralphandersen.com

Terms and Conditions of Use

1. TERMS AND CONDITIONS OF USE.

Welcome to www.ralphandersen.com (the "Site"). This page ("Notice") states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Ralph Andersen & Associates ("RAA") reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes. REGARDLESS OF THE METHOD OF SUBMITTAL OF YOUR RESUME, THESE TERMS AND CONDITIONS WILL APPLY.

2. PURPOSE OF SITE.

RAA provides this Site only as a service to all users pursuing career opportunities in the public sector. The Site provides users with access to an array of career opportunities and detailed information about each position. RAA is a search firm retained by employers and it represents the interests of the employer clients. All positions on the RAA Site are presented pursuant to exclusive engagements and/or contractual agreements between RAA and our clients. There is no cost to users to access this Site or use our services and under no circumstances does RAA make a payment to you as a result of a placement with an employer.

3. ELIGIBILITY.

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors.

4. LICENSE.

RAA grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are exclusive property of RAA or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without RAA's prior written consent.

All trademarks, service marks, and logos (the "Marks") displayed on the Site are exclusive property of RAA and their respective owners. You shall not use the Marks in any manner without RAA's and their respective owners' prior written consent.

5. USER SUBMISSIONS.

The Site provides a forum for you to obtain employment and career information. By submitting your information to RAA using email, or the email link, you agree that you will provide true, accurate, current and complete information about yourself. Further, you agree that you have read the Candidate's Code of Ethics. If you provide any information that is untrue, inaccurate, not current or incomplete, or if RAA, for any reason or for no reason, wishes to determine whether such information is untrue, inaccurate, not current or incomplete, RAA reserves the right to investigate the information and may unilaterally suspend any future interaction with you as a User, in its sole discretion.

Resumes submitted to RAA are considered to be job-specific and are deemed part of an optional employment submittal process. In conjunction with the submission of your Resume to the potential employer you have selected, you grant permission to RAA to use, copy, modify, display, distribute, reproduce and transmit your Resume to the specific potential employer as deemed advisable by RAA in order to comply with the requests of such specific potential employer. You acknowledge that RAA does screen and monitor your Resume. However, while RAA does screen and monitor the Resume, RAA cannot make any representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Resume. RAA reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Resume that RAA considers to be unacceptable.

If selected as a qualified candidate for a specific job for which you have applied, you may be required to sign a release form allowing RAA, our agents or our client, to conduct the necessary reference checks, background checks, credit verifications, Department of Motor Vehicle checks, civil and criminal litigation checks, national wants and warrant check, and education, certification and professional license verifications to supplement your candidate profile. In accordance with applicable federal law related to identity theft, you will be provided with a copy of your credit report. You acknowledge and agree to execute such release forms in order to continue to be considered a qualified candidate in this specific recruitment process. This process will be conducted in accordance with applicable federal and state laws.

You acknowledge and agree that RAA may retain copies of your Resume and disclose your Resume to parties with legally enforceable authority over RAA if RAA believes that it is necessary to: (i) protect rights of RAA and/or the candidate; (ii) comply with any court order; and/or (iii) comply with any legal proceedings.

6. GENERAL PROHIBITION.

In connection with your Use, you agree NOT to:

(a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;

(b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;

(c) upload, post, transmit, or store any material that:

i. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;

ii. breaches any of your contractual or confidentiality obligations;

iii. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or

iv. is not permitted by RAA, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail", "spam mail", "chain letters", pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;

(d) violate another's privacy rights or personal rights by abusing the materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting another's personal information;

(e) breach or attempt to breach any security measures of the Site;

(f) use any device, process, or mechanism to monitor, retrieve, search, or access, the Site or any Material without RAA's prior written consent;

(g) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;

(h) impersonate any person or entity;

(i) forge any header information in any electronic posting or mail; or

(j) misrepresent yourself, your affiliation with any third party, or your entity.

7. SPECIFIC USAGE AND RESPONSIBILITIES.

In addition to the general responsibilities listed in Section 6, you agree to comply with the following terms.

You further agree to:

(a) use the Site only for lawful purposes in searching for employment opportunities and career information;

(b) post materials for which you have all the necessary rights or licenses;

(c) use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Site; and

(d) bear the risks of any reliance or use of any Materials or any information provided by any third party.

8. EMPLOYMENT.

You understand and agree that RAA (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.

9. PRIVACY.

With your Use of the Site, RAA may store information submitted by you. See Section 5, for more details regarding your submission. In addition to the potential disclosure of user-identifiable information as stated in Section 5, RAA may disclose aggregate information to potential or retained clients, such as general demographics and statistical compilations, provided such information does not include specific information by which an applicant may be identified.

RAA is committed to providing you with reasonable confidentiality through the employment search process. However, you are seeking employment in the public sector and as such, a public announcement or disclosure may be necessary as governed by applicable state law or an employer's internal guidelines. RAA will make every effort to inform you in advance about an employer's disclosure and media involvement if it will affect you. However, RAA makes no assurances that all parties involved in the hiring process will maintain the level of confidentiality you require. By accepting this Notice, you acknowledge that the job search and selection process may have inherent risks of exposure or an unforeseen breach of confidentially beyond RAA's control.

Further, you agree you have read Ralph Andersen & Associates' Privacy Policy.

10. INDEMNIFICATION.

You agree to indemnify, defend, and hold RAA, its parents, subsidiaries, affiliates, officers, directors, agents, employees, and insurers harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Resume, or your violation of any terms and conditions of this Notice.

11. DISCLAIMER.

YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS; (B) RAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE; (C) RAA EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE, (II) THE SITE WILL BE UNINTERRUPTED AND SECURE, (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES, (IV) THE SITE WILL MEET YOUR REQUIREMENTS, AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY RESUME.

12. LIABILITY AND LIMITATIONS OF LIABILITY.

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY RESUME, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, AND DEALING WITH OTHER USERS OF THE SITE, INCLUDING STRANGERS, MINORS, FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE RAA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AND INSURERS, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR RESUME, AND/OR ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RAA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS AND INSURERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF RAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, RAA'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

13. TERMINATION.

RAA has the right, in its sole discretion, to terminate any services of the Site and remove any materials or information from the Site. RAA may also terminate your access to any part or all of the services provided by RAA on the Site at any time, with or without cause or notice, for any reason. RAA shall not be responsible for maintaining or returning your Resume.

14. GENERAL.

You agree that there is no employment, partnership, agency, or joint venture relationship between you and RAA arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and RAA governing your Use of the Site and is additional to any binding agreement between you and RAA. The laws of the State of California, United States of America govern this Notice, without giving effect to any principles of conflict of laws. RAA does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Sections 5, 6, 7, 9, 11, 12, 13, and 14 shall survive any termination of this Notice for any reasons. Any dispute arising from or related to this Acceptance of Terms and Conditions shall be resolved only in the venue of Placer County, California.

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