TERMS OF USE AND PRIVACY STATEMENT
This version in effect since December 31, 2009.
Acceptance of Conditions of Use and Disclaimers.
This Terms of Use and Privacy Statement ('Statement') explains
how TLP Solutions ('TLP') collects, uses, and discloses the personal
information you may provide while using The Last Planet website (the
'Website') and the content, information and services provided through
the Website.This Statement governs your use of the Website and the
content, information and services provided through the Website and
states TLP's policies regarding privacy ('Privacy Policy').This
Statement exempts TLP and other persons from liability or limits their
liability and contains other important provisions that you should read.
Each time you use the Website, this Statement as it then reads will
govern your use. Accordingly, when you use the Website you should check
the date of this Statement (which appears at the top of this Statement)
and review any changes since the last version.
- Overview
TLP maintains the Website
for its staffing and recruiting business and as a service to applicants,
candidates, client companies and other visitors. This Statement is
designed so that you may understand how we collect and use data through
our Website, and to help you make an informed decision about using our
Website.The disclaimers, terms and conditions of use set forth in this
Statement apply to use of the Website. By using the Website you are
indicating that you accept them and agree to be bound by them.If you
do not agree with them, please do not use the Website.
- Collection, Use and Sharing of Information.
We collect two types of information from visitors to our Website:
(1) Traffic data, which shows for example, how many times and which
pages are visited, but does not contain personally identifying
information; and (2) Personal information, which visitors knowingly
choose to disclose. Traffic data is collected by data files such as
'cookies' and log files. Personal information includes contact data,
such as your name and e-mail address, work experience information and
resume information.Further details on the collection and use of the
information are below.
- Traffic Data. When you visit the
Website we automatically collect information about your computer, server
and browser.It does not personally identify you. Technology files
such as 'cookies' and log files collect and track this information.
Clicking on 'Banner Ads' may also do this.We use such data to
administer the site and make your visit more efficient.We may share
this data, in aggregate, with partners and advertisers.
- Personal Information. We collect
personal information, for example, register on the Website and when you
send us an e-mail, or submit your resume.You should expect that we
will disclose this information to companies and individuals in finding a
potential job match or fulfilling a staffing or recruiting request.We
may not always contact you before this is shared.We may also share
information with third parties to provide services to you in our
business.
- Registration as an Applicant. A
user may apply online to our staffing and recruiting services.In doing
so the user submits further personal information such as an applicant's
employment history or client company's staffing request details.You
should expect that we will share this information to attempt to find a
job match or fulfill a staffing request.We may not always contact you
before this is shared.
- Disclosure of Data. We will also
disclose your data as needed to operate our systems, protect ourself and
our users, in the event of a corporate reorganization, sale or merger
of any of our businesses, and if compelled by the government, or to
comply with law.
- Your Acceptance of Our Privacy Practices.
By using this Website or any other TLP Website or interactive banner
ads, you signify your acceptance of our Statement and Privacy Policy,
and you will adhere to the terms and conditions posted on the Website
and in this Statement.
- Permission to Use the Website.
The Website may be accessed and used only by individuals who have:
(a) reached the age of majority in their jurisdiction of residence and
can form legally binding contracts under applicable law; and (b)
accepted this Statement.Persons using the Website must comply with all
applicable laws.TLP may, in its discretion, refuse permission to
access and use the Website.
- Security.
- The processes of our business include sharing your personal
information with others to carry out our staffing services, that is, to
try to find job matches for applicants and fulfill staffing and
recruiting service requests of client companies.
- We have certain secure databases where we store data. We
also may store your personal information in paper document files in our
offices.
- Information Sent to TLP.
All emails, messages, ideas and suggestions sent to TLP will become
the sole property of TLP.TLP assumes no liability for interception of
such transmissions; they are transmitted at the sole risk of the user.
- Links to Affiliated Company Sites and Third-Party Sites.
This Website may contain links to other sites, both those of
affiliated companies, and third parties.Please be aware that TLP is
not responsible for the privacy practices of other third-party sites.
This Privacy Policy applies solely to information collected by this
Website.
- Information or Press Releases.
The Website may contain information and press releases about us.
While this information was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update this information
or any press releases.Information about companies other than ours
contained in a press release or otherwise, should not be relied upon as
being provided or endorsed by us.
- No Legal Rights Created.
This Statement does not by itself create any legal rights.
- Disclaimers; Exclusion Of Warranties; and Exclusion of Damages.
- This Website is provided on an 'as is' basis, without any warranty whatsoever.
- Without limiting the generality of the foregoing, all
warranties, express or implied, (including without limitation, implied
warranties of merchantability, fitness for a particular purpose, title,
or non-infringement) of any of the data in the Website, of data linked
to the Website, or of services, products or information provided, are
disclaimed.
- TLP does not warrant that code, content, files, access or any combination of them are free of errors, viruses or corruptions.
- Without limiting the above, TLP shall have no liability for
reliance on information accessed through the Website, and while TLP
takes steps to present accurate information about jobs and staffing and
recruiting services, TLP makes no promises that the information is
accurate.Further, TLP makes no promises that, through use of its
Website, applicants will be matched with jobs, or that clients will have
their staffing and recruiting needs met.No employment relationship is
created through use of the Website and furthermore, no guarantee of
employment is made.
- In no event shall TLP staffing or its parent, affiliated
companies, agents, shareholders, employees, directors, or officers have
any liability to you or any third party, for any damages whatsoever
arising out of, or in connection with use of the Website, or links,
services, products, or information obtained through the Website,
including any direct, indirect, consequential, special or incidental
damages (including damages for loss of business, lost profits, lost
savings, litigation or the like), whether based on breach of contract,
intellectual property infringement, breach of warranty, tort (including
negligence), product liability or otherwise, even if advised of the
possibility of such damages.
- The negation of damages set forth above is a fundamental
element of the agreement between TLP and you, the user. We would not
provide the Website without such limitations.
- Some jurisdictions do not allow the exclusion or limitation of
certain damages, so the previous paragraphs may not apply to you.
Without notice and without liability, TLP may terminate or restrict
access to this Website.
- Limitation of Remedies.
YOUR SOLE REMEDY IF YOU HAVE A CLAIM BECAUSE OF YOUR USE OF THIS WEBSITE IS TO STOP USING THE SITE.
- Dispute Resolution.
- Good-Faith Resolution.You agree
that, in the event a dispute arises between TLP and you, you will
attempt, in good faith, to resolve such dispute in an amicable and
equitable manner.However, if any dispute cannot be so resolved, then
you agree that the matter will be decided as follows.
- Arbitration of Privacy Issues.
For any privacy issues, the dispute shall be resolved by arbitration in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association.Either of us may apply to the American
Arbitration Association in Dallas, Texas to institute the arbitration
proceedings.The fees and expenses of the arbitrators shall be shared
equally by both parties.
- Litigation in Courts of Issues Other Than Privacy Ones.For issues other than Privacy, the state and Federal courts in Tarrant County Texas shall have jurisdiction.
- Applicable Law.
This site is created and controlled by TLP in the State of Texas,
USA. As such, the laws of the State of Texas will govern these
disclaimers, terms and conditions, without giving effect to any
principles of conflicts of laws.All claims and proceedings arising in
connection with this Statement shall be resolved in accordance with the
Dispute Resolution Clause above.
- Intellectual Property and Ownership of the Website.
All content, organization, graphics, design, compilation, technology
and other matters related to this Website (individually and
collectively 'Material') are the property of TLP or its suppliers and
protected under applicable United States and International laws of
copyright, trademark and other proprietary (including but not limited to
intellectual property) rights.You may not use the Material except for
your own personal non-commercial use of the site and in connection with
TLP services.You may not otherwise copy or redistribute.
- Site for Use Only in the United States.
This site may only be used in accordance with applicable laws.If
you are accessing this Website from outside of the United States, you do
so on your own initiative, and you are responsible to ensure compliance
with the laws of the United States (which include export control laws
applicable to software) and the laws of your jurisdiction.
- Changes to the Website and this Statement.
We may from time to time make changes to the Website and this
Statement.You should periodically review these.We shall deem your
continued use of the Website as your acceptance to any such changes.
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