By using Patino’s online services, websites, web services, software developed by Patino, or any other services of Patino (together the “Patino Services,” as further defined in Section I below), you agree to be bound by the terms of this Agreement for your use of Patino’s Services both past and present. The terms contained herein supersede and replace any other written or oral agreement or negotiation between you and Patino.
- Services. Patino is a boutique employee search firm specializing in the recruitment of executives in corporate communications, public affairs and marketing across all industries. Patino focuses primarily on Senior Vice President/Vice President and Director level searches for clients seeking to lead corporate communications, public relations, media relations, international communications, internal/employee communications, marketing communications, financial communications, investor relations, public affairs or government relations.
- Acceptable Use. Patino strictly enforces compliance with its acceptable use terms under this section. You agree to use the Patino services in full compliance with the terms set forth below. By accepting, you agree that:
- You are responsible for the actions of your Users;
- You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government;
- You will not take any action which encourages or consists of any threat of harm of any kind to any person or property;
- You will not make or attempt any unauthorized access to any of Patino services or accounts or Hosted Data (as such term is defined below);
- You will not attempt to install or run any executable software not installed by Patino on any Patino System;
- You will not infringe any copyright, trademark, patent, trade secret, or other proprietary rights of Patino or any third party user of Patino’s Services, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- You will not offer, make available, or otherwise authorize any non-User to access Patino’s Services;
- Your payment for services does not constitute your ownership of that data or information; and
- You will not undertake any action which is harmful or potentially harmful to Patino or its infrastructure.
- Ownership of Intellectual Property. You acknowledge that Patino will retain all intellectual property rights and title to any Patino property and that you have no right, title or interest therein. You agree not to attempt to copy, reproduce, reverse engineer, decompile, or disassemble any Patino property or Patino Service and you agree that any work that is derivative of Patino property is the sole property of Patino.
- Privacy and Confidentiality. Patino makes every reasonable effort to maintain the confidentiality of the data you transfer to, create on, and modify on the Patino systems (“Hosted Data”), including, personal and User information. You grant Patino the right to use, control, compile, apply, and collect information transferred to Patino in accordance with Patino’s regular and ordinary business practices. You grant Patino and its respective officers, directors, members, managers, employees, and agents an irrevocable, royalty-free, worldwide right and license to assess, collect, analyze, and use the Hosted Data collected and/or received by Patino. You understand that Patino may retain Hosted Data, even following termination of this Agreement.
You are solely responsible for ensuring that your login information is utilized only by you or authorized Users. Your responsibility includes ensuring the secrecy and strength of your passwords. Patino shall have no liability resulting from the unauthorized use of your login information. If you use weak passwords or do not change your password frequently, you increase the risk of your password being discovered by unauthorized parties. If login information is lost, stolen, or used by unauthorized parties or if you believe that your Hosted Data has been accessed by unauthorized parties, it is your responsibility to notify Patino to request the login information be reset or unauthorized access otherwise be prevented. Patino will use commercially reasonable efforts to affect such requests as soon as practicable after their receipt.
- Warrantees and Limitations of Liability. Patino makes every reasonable effort to maintain operation of the Services. However, because many events and/or circumstances are beyond the control of Patino, Patino does not in any way warrant or otherwise guarantee the availability of the Patino systems or applications and is not responsible for any delay, loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Patino. Patino may, at its sole discretion, limit or deny access to its Systems or Services, if, in the judgment of Patino, such limitations or denials of access are required to assure the security of Patino’s network, security of its Systems or Services, or to prevent damage to its network, Systems, Services, or data stored on or within Patino’s Systems or Services.
- Indemnity. You agree to fully defend and indemnify and hold harmless Patino, its officers, directors, agents, resellers, and employees, in their official and personal capacities, of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of (i) any breach of these terms of service, (ii) any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Services or any portion thereof, or (iii) any claim for damages in any way related to the disclosure of your confidential login information.
- Assignment. This Agreement and the rights hereunder are not assignable or transferable except that Patino may freely assign any or all of its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Patino, or to any affiliated company or successor in interest of Patino. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
- Amendment. Patino may without advance notice amend these terms and conditions from time to time and will do so by posting the new Agreement on the Patino website or application in place of the old. Each and every such amendment shall be become effective immediately for you and Users of the Services including but not limited to all pre-existing and future accounts. It is your responsibility to periodically check the Patino website and application for updates of this Agreement.
- Miscellaneous. Patino’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Any rights not otherwise expressly granted by this Agreement are reserved by Patino.