PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
This website, capacitybuilders.com, is provided by Capacity Builders Inc. Management Solutions
(Capacity Builders Inc.) for Capacity Builders, Inc. These terms and conditions of use apply in
association with usage generated by Capacity Builders, Inc and may change without any further
notice. With continued use of this website after any such changes you thereby accept the new terms.
In addition, these terms and conditions apply exclusively to your access to, and use of, this
website and do not alter in any way the terms or conditions of any other agreement you may have
with Capacity Builders, Inc. or Capacity Builders Inc. or their respective products, services or
otherwise. Capacity Builders Inc. and Capacity Builders Inc. advises you to visit this page
periodically to review the Terms and Conditions, because they are binding on you. The term
Capacity Builders Inc. references the company Capacity Builders Inc. Management Solutions, its
website design and functionality as represented on capacitybuilders.com, and its legal entitlements.
The terms "You" and "User" as used and defined herein to refer to all individuals and/or entities
accessing this website for any reason therefore subject to these terms and conditions.
All website materials, including and without limitation, Capacity Builders Inc. and the Capacity Builders
Inc. logo, design, text, graphics, other files, and the selection and arrangement thereof are copyright of
Capacity Builders Inc. and Capacity Builders, Inc. ALL RIGHTS RESERVED. Except as stated herein, none of
the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of Capacity Builders Inc. or
the respective copyright owner. Permission is granted to display, copy, distribute and download the
materials on this website for personal, noncommercial and informational use only; provided that you may
not, without the permission of Capacity Builders Inc. or Capacity Builders Inc. or the respective copyright
owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media,
(b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in
Capacity Builders Inc., the Capacity Builders Inc. logo Capacity Builders Inc. and the Capacity Builders
Inc. logo and the products and services described in this website, including without limitation
capacitybuilders.com, are trademarks of Capacity Builders Inc. & Capacity Builders Inc. and may not be
copied, imitated or used, in whole or in part, without the prior written permission of Capacity Builders
Inc. or Capacity Builders Inc.. In addition, all page headers, custom graphics, button icons and scripts
are service marks, trademarks and/or trade dress of Capacity Builders Inc., and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Capacity Builders Inc. or Capacity
Builders Inc.. All other trademarks, registered trademarks, product names and company names or logos
mentioned herein are the property of their respective owners. You may not copy or adapt the HTML code
that Capacity Builders Inc. creates to generate its pages. It is also protected by the Company’s copyright.
- Use of Material
The compilation (meaning the collection, arrangement and assembly) of all content on this website is the
exclusive property of Capacity Builders Inc. and protected by U.S. copyright laws. Unauthorized use of
the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademarks,
service mark and other proprietary notices contained in the original Material on any copy you make of the
Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or
otherwise use the Material in any way for any public or commercial purpose. The use of the Material on
any other website or in a networked computer environment for any purpose is prohibited.
- Website Users
The website is intended solely for use by individuals seeking employment and by customers of Capacity
to fill job openings. Individuals who use the website to seek employment may do so free of charge;
employers and recruitment professionals are limited to website use by contractual agreement with
Capacity Builders Inc. only.
Capacity Builders Inc. reserves the right to prevent, cancel or suspend any individual's, employers,
recruitment professionals, or others' access to the website and extends this right to Capacity Builders,
Inc. This may be on account of a violation of these Terms and Conditions or for any other reason at
Capacity Builders Inc.’s sole discretion. Capacity Builders Inc.’s right to prevent, cancel or suspend
access to the website may be exercised without notice to the individual, employer, recruitment
professional, or other so affected.
Individuals seeking employment are permitted to use the website solely for purposes of searching for
and responding to job postings. Capacity Builders Inc. and Capacity Builders Inc. authorizes you to
view and download a single copy of any job posting, resume, or other Material on this website for your
personal use only. You must retain all copyright and other proprietary notices contained on such Material.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or
otherwise use the Material in any way for any public or commercial purpose (other than for searching
for a job for yourself). Employers or recruitment professionals who have entered a contractual agreement
with Capacity Builders Inc. are permitted to use it solely within the options available upon successful
log in. Capacity Builders Inc. authorizes you to view and download a single copy of any job posting,
resume, or other Material on this website for such use. You must retain all copyright and other
proprietary notices contained on such material. You may not sell or modify the Material. You may not
reproduce, display, publicly perform, distribute, or otherwise use the Material in any way.
- User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of
their posting. You must not, and by using this website you agree not to, do the following things: (i)post
material that is copyrighted, unless you are the copyright owner or have the permission of the copyright
owner to post it; (ii)post material that reveals trade secrets, unless you own them or have the permission
of the owner; (iii)post material that infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; (iv)post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v)post a
sexually-explicit image or statement; (vi)post advertisements or solicitations of business, post chain
letters or pyramid schemes; (vii)impersonate another person; (viii)post material that contains viruses,
Trojan horses, worms, time bombs, cancel bots, or other computer programming routines or engines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or information.
You are responsible for 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 Capacity Builders Inc. of any unauthorized use of your registration or password.
- Website Usage
This website is the property of Capacity Builders Inc. Management Solutions as provided to Capacity
Builders Inc. By using the website, you agree to abide by the Terms and Conditions herein. Failure
to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images,
resumes, job postings, and other materials (collectively, "Materials") contained on the website, is a
violation of your agreement. It may also be a violation of copyright, trademark, or other laws in the
United States and foreign countries.
Capacity Builders Inc. expressly prohibits users of this website and all others from reproducing,
displaying, distributing or otherwise using any job posting, resume, or other Material downloaded or
otherwise obtained from this website on any other website, electronic bulletin board, or other publicly
accessible site (regardless of whether access to such site is by registration, subscription, membership
or fee) on the Internet or other network. Capacity Builders Inc. likewise expressly prohibits users of
this website from reproducing, displaying, or distributing to others batches containing fifty (50) or
more job postings or resumes downloaded or otherwise obtained from this website.
Capacity Builders Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of
communications posted by users or endorses any opinions expressed by users. You acknowledge that any
reliance on material posted by other users will be at your own risk. Capacity Builders Inc. acts as a
passive conduct for the online distribution and publication of user-submitted information and has no
obligation to screen communications or information in advance and is not responsible for screening or
monitoring material posted by users. If notified by a user of communications which allegedly do not
conform to these Terms and Conditions, Capacity Builders Inc. may investigate the allegation and
determine in good faith and its sole discretion whether to remove or request the removal of the
Capacity Builders Inc. has no liability or responsibility to users for performance or nonperformance of
such activities. Capacity Builders Inc. reserves the right to expel users and prevent their further
access to the website for violating the Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or disruptive. Capacity Builders Inc. may take any action
with respect to user-submitted information that it deems necessary or appropriate in its sole discretion
if it believes it may create liability for the Company or may cause the Company to lose (in whole or in
part) the services of its ISPs or other suppliers.
Users may not use the website in order to transmit, distribute, store or destroy material (i) in
violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening,
abusive or hateful.
The website may be used only for lawful purposes by individuals seeking employment and career information
and employers seeking employees. Capacity Builders Inc. specifically prohibits any use of the website,
and all users agree not to use the website, for any of the following: (i)posting any incomplete, false
or inaccurate biographical information or information which is not your own accurate resume (living
individual seeking employment on a full-time or part-time basis on his or her own behalf); (ii)posting
any franchise, pyramid scheme, "club membership", distributorship or sales representative agency
arrangement or other business opportunity which requires an up front or periodic payment, pays commissions
only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(iii)posting non-resume information such as opinions or notices, commercial or otherwise;(iv) Headhunters,
employment placement/outplacement agencies, temporary worker agencies, consultants and other third parties,
including any third party charging a fee or restricting complete access to all resume information, are
prohibited; (v)responding to any employment opportunity for any reason except to apply for the job; (vi)
communications soliciting the employer's business by our competitors are prohibited; (vii)deleting or
revising any material posted by any other person or entity; (viii)using any device, software or routine
to interfere or attempt to interfere with the proper working of this website or any activity being
conducted on this site; (xiv)taking any action which imposes an unreasonable or disproportionately large
load on this website’s infrastructure; (x)if you have a password allowing access to a non-public area of
this website, disclosing to or sharing your password with any third parties or using your password for
any unauthorized purpose; (xi)notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website
other than the search engine and search agents available from Capacity Builders Inc. on this website and
other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
(xii)attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or
in any way making up a part of the website.
- Website Security Rules
Users are prohibited from violating or attempting to violate the security of the website, including,
without limitation, (i) accessing data not intended for such user or logging into a server or account
which user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without proper authorization, (iii)
attempting to interfere with service to any user, host or network, including, without limitation, via
means of submitting a virus to the website, overloading, "flooding", "mail bombing" or "crashing", or
(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v)
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Capacity Builders
Inc. or Capacity Builders Inc. will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such
- General Rules
Users may not use the website in order to transmit, distribute, store or destroy material (i) in violation
of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate the privacy or publicity of other
personal rights of others, or (iii) that is libelous, obscene, threatening, abusive or hateful.
- The Company's Liability
The Capacity Builders Inc. website acts as a venue to post job opportunities and may involve candidates
to post resumes. Note that there are risks, including but not limited to the risk of physical harm, of
dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You
assume all risks associated with dealing with other users with whom you come in contact through the website.
The Material may contain inaccuracies or typographical errors. Capacity Builders Inc. makes no
representations about the accuracy, reliability, completeness, or timeliness of the website or the
Material. The use of the website and the Material is at your own risk. Changes are periodically made
to the website and may be made at any time. You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any resume or material contained therein placed by you on the
website. Capacity Builders Inc. is not to be considered to be an employer with respect to your use of
CAPACITY BUILDERS INC. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR
THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
- Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The website contains links to third party websites. These links are provided solely as a convenience to
you and not as an endorsement by Capacity Builders Inc. of the contents on such third-party websites. The
Company 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 websites. If you decide to access linked
third party websites, you do so at your own risk.
- No Resale or Unauthorized Commercial Use
to make any unauthorized commercial use of the website.
- Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use of the Materials is
limited to $100.
Capacity Builders Inc. reserves the right, at its sole discretion, to pursue all of its legal remedies,
including but not limited to deletion of your postings from this website and immediate termination of
your registration with or ability to access the website and/or any other service provided to you by
Capacity Builders Inc., upon any breach by you of these Terms and Conditions or if Capacity Builders Inc.
is unable to verify or authenticate any information you submit to the website registration with or
ability to access the website.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of
these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
- User Information
Capacity Builders Inc. may use the information it obtains relating to you, including your IP address,
name, mailing address, email address and use of the website, for its internal business and marketing
purposes and may disclose the information to third parties for such purposes.
This website is based in Centennial, Colorado. Capacity Builders and/or Capacity Builders Inc. Inc.
makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access
to the Materials may not be legal by certain persons or in certain countries. If you access the website
from outside of the United States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State
of Colorado without respect to its conflict of laws principles. Jurisdiction for any claims arising under
this agreement shall lie exclusively with the state or federal courts in Centennial, Colorado. If any
provision of this Agreement is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term. Except as expressly provided in a particular
"Legal Notice," or Software License or material on particular web pages, this Agreement constitutes the
entire Agreement between you and the Company with respect to the use of website. Any changes to this
Agreement must be made in writing, signed by an authorized representative of the Company.