Foreword

THIS AGREEMENT (AS DEFINED BELOW) DESCRIBES THE TERMS BY WHICH PYRAMID SCREENING TECHNOLOGY ("PST" or "we") OFFERS YOU ("USER"), ACCESS TO THE SERVICE. BY EXECUTING A LICENCE, SERVICE AGREEMENT, OR USER AGREEMENT, AND BY ACCESSING OR USING THE SERVICE THEREAFTER, YOU ACCEPT THE AGREEMENT AND AGREE TO BE BOUND BY EACH OF ITS TERMS.
As used herein, the term "Agreement" means the Terms & Conditions, the Privacy Statement, as well as all other terms, conditions, and rules that may be published or displayed from time to time by Pyramid Screening Technology on this Web site or at any other link designated in the Terms & Conditions, including each amendment, alteration, modification, or supplementation of any and all of the foregoing, and including any executed License Agreement that exists between Pyramid Screening Technology and the User. All of the foregoing are incorporated herein by reference. The terms of the Agreement apply to your use of the Service (as defined below). All amendments are effective 10 days after posting on our site. Your access to or use of the Service on or after such effective date constitutes acceptance of the amendments. The Terms & Conditions applies to all parties equally and may not be amended. YOU SHOULD READ THIS AGREEMENT EACH TIME YOU USE THE SERVICE. See the end of this document for the date of the last revision.
As used in the Terms & Conditions, "User," or "you" shall jointly and severally refer to the individual completing the License, Service or other Agreement and the organization indicated on the License Agreement (collectively "User"), unless the context indicates clearly that all Users, including you, are the subject of the reference, and also to any person visiting with access temporary, gratis or as part of any License. As used herein a "User" is a person or entity that has usage privileges on the Website or who makes use of the service provided by the Website; a User is also any visitor to our Web Site, including those who have not registered for Licenses or any particular Agreement.
By completing the Terms & Conditions, and by accessing or using the Service thereafter, you represent and warrant to Pyramid Screening Technology and each of the other Users of the Website that the individual taking such actions has the authority to enter into the Agreement on behalf of the organization that he or she indicates that he or she represents, that each person is designated a representative on the Terms & Conditions on behalf of such organization has the authority to do so, that the Agreement and each business transaction to which such organization becomes a party is binding and enforceable against such organization, that such organization will have the ability to perform its obligations under the Agreement and that the representations and warranties set forth in the Terms & Conditions attributed to you are true and correct as to such individual and such organization. All Users of the Website are intended third party beneficiaries of the foregoing representations and the agreements set forth in the Agreement, and each User acknowledges that each other User is relying upon such representations and agreements. Alternatively, if User is not a member of any organization then he/she warrants that he is acting on his own behalf and accepts the Terms and Conditions as stated by accessing the Website and any or all organization that he/she is referred to as a result of utilizing the services provided.

1. Service

Subject to the terms and conditions in the Agreement, Pyramid Screening Technology hereby grants to you a nontransferable, nonexclusive license to access and use the Service solely for use by the User in accordance with the Agreement. We may in our sole discretion add, delete, or change some or all the services included within the Service at any time.
Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, or distribute any of the information available through the Web site of Pyramid Screening Technology or any e-mail or other communication by or between Users, Pyramid Screening Technology, and/or any other User, or make any use of any such information or the facilities of Pyramid Screening Technology that would allow a third party to have access to or the benefits of the Service.
In addition, you agree to pay the fees and costs for the use of the Service in accordance with and to the extent provided in the Agreement. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, list, post, buy, or sell or otherwise use the Service. Moreover, you shall be responsible for providing and maintaining all communications lines, telephone/transmission services, and all equipment and technology necessary for you to access and use the Service.
The Website is a venue for exchanging information pertaining to resume submission and other human resources functions. We post information provided to us by Users in an effort to enable our Users to conclude human resources sourcing and hiring activities, if they so choose, with applicants and other parties; we do not verify to anyone that the information provided to us by any candidate is accurate or that use of the Website will create any legally binding contracts between or among Users. We do not act as a buyer, seller, or hold title to any product.
Thus, you and each other User acknowledge and agree that Pyramid Screening Technology does not guarantee or become responsible for any obligation arising out of any User resume submission or other human resources transaction or provide any assurance that any User employee hiring or other arrangement ultimately will be concluded.
User Indemnity
You acknowledge and agree that Pyramid Screening Technology has no control over (or liability for) the quality, safety, or legality of the postings listed, the truth or accuracy of the listings, the ability of others to represent or make application or other human resources arrangement, or the performance by any User of any obligation (including the completion of any sourcing or hiring transaction). Except where otherwise agreed in writing, you and each other User assumes responsibility for, and acknowledge and agree that Pyramid Screening Technology has no responsibility for and indemnifies and holds harmless Pyramid Screening Technology from and against any Loss in any way relating to:
a. negotiating, documenting, and concluding all User job applications or other human resources actions to which you and another party may enter to in a form that will be enforceable in any jurisdiction that may be relevant to the actions contemplated by the User Arrangements;
b. depositing, collecting, and withholding, and paying, to the extent required by applicable law, any and all Taxes in any way attributable to the services provide on the Website; and
c. any harm or damage to any person or property or to the environment in any way relating to or caused in whole or part by the services provided on the Website;
d. your use of the Web Site or the Service or any violation of any law, rule, or regulation arising by reason of such use;
e. any claim or dispute which may arise from a breach of the terms of the Agreement or from any dispute which may arise between Users with respect to the services;
f. any information supplied by or through you or any application or actions to which you are a party and any misuse of information by you; and
g. your violation of the Agreement.
Because user authentication on the Internet is difficult, Pyramid Screening Technology cannot and does not confirm that each User is who they claim to be. Therefore, Pyramid Screening Technology encourages you to be careful in dealing with others to avoid fraud, and to perform such verifications and checks as you deem necessary to evaluate with whom you are dealing when the identity of your potential trading partner is revealed during the course of a transaction.
User Representations, Warranties and Covenants
You represent, warrant and covenant to Pyramid Screening Technology and each User transacting business on the Website that;
a. you will comply with all law, rule, regulation, as applies to the normal execution of business in the human resources and any other applicable area of business, including, but not limited to, discrimination, EEOC, privacy, etc;
b. that the applications, records, screening tests etc. facilitated by or through the Website, are for bona fide recruiting and other human resources functions and are not for speculative, data gathering or marketing or other purposes;
c. you have the capacity to complete the hiring, refer the candidate to a hiring individual, or employ any individual, subject to their normal suitability and qualifications for hire for the position vacancy.
d. any posting, job requisition or resume solicitation:
I. will be accurate and will not be fraudulent, fictitious, counterfeit, or stolen;
II. will not infringe on any third party's copyright trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
III. will not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, munitions controls, mislabeling, drug or health, unfair competition, or false advertising);
IV. will not contain any viruses Trojan horses, "sniffer" routines, backdoors, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines, including any programs or messages that are intended or designed to damage, interfere with, hinder, or harm any portion or all of the Pyramid Screening Technology site or the services or surreptitiously to intercept, disable, alter, or expropriate any system, data, personal information, or facilities or functions associated with the Pyramid Screening Technology web site or the Services (including, without limitation, e-mail and other communication services) or with any other computer software or hardware or telecommunications equipment;
V. will not link directly or indirectly to or include descriptions of goods or services that:
a. are provided for purposes other than recruiting or other human resources functions,
VI. you do not have a right to link to or include;
e. you are solely responsible for your User Information all of which is accurate and is not fraudulent, fictitious, counterfeit, or stolen.

2. Right of Refusal, Suspension, and Termination

Within the terms of our Agreement Pyramid Screening Technology may terminate the Terms & Conditions and the License granted to you at any time with or without cause and may refuse to provide the Service to you or any other User at any time, at its sole discretion. Without limiting any other remedies or limiting the foregoing, Pyramid Screening Technology may suspend or terminate your account if you are found to have engaged in fraudulent, unethical or illegal activity in connection with our site, acted other than in good faith in dealing with other Users, users or applicants, if any of your representations, warranties or agreements to or with us has been breached, or if you have violated the agreement. You may also terminate the License at any time within the terms of the License Agreement.
Without attempting to exhaust all of the grounds for cancellation or limiting Pyramid Screening Technology's ability to cancel Terms & Conditions with or without cause, we will cancel the Agreement of a User who has violated certain operating principles including, but not limited to, posting false advertisements, providing Pyramid Screening Technology with erroneous User information, and repeatedly not acting in good faith to complete actions made through the Website.
Providing False/Misleading Information: Terms & Conditions will be cancelled and the License terminated if it is found that a User has knowingly submitted false and/or misleading information.
Cancellation or termination shall not limit any liability that the User may otherwise have to other Users or to Pyramid Screening Technology.
In the case of any termination, you acknowledge and agree that the provisions of the Terms & Conditions, which shall remain in full force and effect after such termination, except that the License to use the Service shall be terminated and you shall have no further obligation to pay for the use of the Service other than those obligations which accrued upon or before such termination (as determined in accordance with our Fee Statement). If termination is initiated by Pyramid Screening Technology, you shall not be entitled to any refund of prepaid and unused Website or other fees.

3. Intellectual Property and Other Similar Rights of Pyramid Screening Technology and Others

User (defined as any visitor to our Web site, including Users and those who have not registered for a License Agreement) acknowledges that the configurations, displays, screens, and all information appearing on or displayed in connection with or contained by Pyramid Screening Technology on its Web site - including without limitation Pyramid Screening Technology's domain name, the Pyramid Screening Technology logo, and the mark and trade name the Website (collectively, "Pyramid Screening Technology Proprietary Properties") -- are covered by various intellectual property right protections, including domestic and international copyright, trademark, and trade secrecy laws. Pyramid Screening Technology reserves all rights with regard to the Pyramid Screening Technology Proprietary Properties and intends to vigorously defend the Pyramid Screening Technology Proprietary Properties, including seeking injunctive relief, damages, and legal costs. To the maximum extent legally possible, User agrees that it will not directly or indirectly copy or reproduce all or any part of the Pyramid Screening Technology Proprietary Properties, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without the prior written permission from Pyramid Screening Technology; provided, however, that the User may make copies of Web pages in its internal computer system as part of accessing our Web site and for its own internal use, but may not make copies or otherwise distribute, publish, reproduce, or retransmit any information, or otherwise commercially exploit any information, in actions with third parties other than on or through the Web Site. User acknowledges that Pyramid Screening Technology and/or third-party content providers remain the owners of the information on this Web site, and that User does not acquire any of those ownership rights by printing or downloading any of the information or making use of the Service. In addition, other trademarks appearing through the use of the Service and information specifically related to certain companies may also be subject to the rights of other parties. User agrees to respect, and not in any way to violate, such third party rights (the "Other Proprietary Rights").
User acknowledges that it will be providing or be making available information to Pyramid Screening Technology. User hereby grants Pyramid Screening Technology a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise any rights you have and otherwise to make use of the information (including publishing, disseminating, broadcasting, or selling such information), in any media now known or not currently known, subject, however, to the limitations set forth in our Privacy Statement. User hereby specifically authorizes Pyramid Screening Technology and its affiliates to use such information as a part of the aggregated transaction information that Pyramid Screening Technology publishes at its sole discretion on its Web site or in any other medium. We will not publish specific User, Licensee, company, candidate or other personal information, except to the extent permitted in our Privacy Policy.
The User (including each User) acknowledges and agrees that all other information in any way relating to or derived from the use of the Service is, as between such User and Pyramid Screening Technology, owned exclusively by Pyramid Screening Technology as part of the Pyramid Screening Technology Proprietary Properties and is subject to the limitations set forth in the preceding paragraphs and elsewhere in the Agreement. Each User acknowledges and agrees that Pyramid Screening Technology may prepare performance rating information based upon usage by a User and financial and performance capacity and characteristics of a User as provided by the User. Without limiting any other provision in the Agreement, User agrees that it will not publish, disclose, or disseminate any information relating to a transaction between Users (including candidates), or other Users (including their performance rating information regarding hires or other human resources metrics, and financial and performance capacity and characteristics).

4. Exculpation; Limitation of Liability; and Warranty

USER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT USER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND OR RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBLITILTY AS TO, OF, OR FOR
a. TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE, WHETHER RELATED TOTHE COVERED PRODUCTS, OR OTHERWISE;
b. INFORMATION, INFORMATIONAL CONTENT, OR COMPLETNESS OR INFORMATIONAL ACCURACY, WHETHER RELATING TO THE COVERED PRODUCTS OR OTHERWISE;
c. THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SERVICE;
d. UNINTERRUPTED ACCESS;
e. THE COVERED PRODUCTS OR ANY INFORMATION RELATING THERETO; OR
f. THE ABILITY FOR A USER TO PROVIDE OR DELIVER A PRODUCT OR SERVICE OR TO PAY A USER FOR A PRODUCT OR SERVICE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, IN ANY WAY RELATING TO OR ARISING OUT OF THE SERVICE OR THE ATTEMPTED USE THEREOF OR ANY ACTIONS BETWEEN USERS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE (WHETHER OF PYRAMID SCREENING TECHNOLOGY OR OTHERWISE), OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER PYRAMID SCREENING TECHNOLOGY NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR ACTUAL ACTIONS OR INTENDED ACTIONS ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE EVEN IF PYRAMID SCREENING TECHNOLOGY OR SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION CONTAINED HEREIN, USER AGREES THAT IN NO EVENT SHALL PYRAMID SCREENING TECHNOLOGY OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE, AND EACH USER EXCULPATES AND RELEASES SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO USER FOR ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT USER MAY SUFFER (OR ANY OTHER PERSON CLAIMING BY OR THROUGH USER) BY REASON OF, ARISING OUT OF, OR RELATED TO, THE USE OF THE WEB SITE OR THE SERVICE, BY REASON OF ANY ACTION WITH USERS , AND ANY INFORMATION APPEARING ON OR THROUGH THE WEBSITE, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY, OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM PYRAMID SCREENING TECHNOLOGY'S NEGLIGENCE.

NOTWITHSTANDING THE FOREGOING OR ANY OTHER LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT, IF A USER OR USER BECOMES ENTITLED TO ANY RECOVERY, EACH USER AND USER AGREES THAT ITS MAXIMUM RECOVERY SHALL BE LIMITED TO;
a. THE AMOUNT OF ANY FEES OR PAYMENTS PAID TO PYRAMID SCREENING TECHNOLOGY BY REASON OF SUCH USER'S OR USER'S USE OF THE SERVICE, WITH RESPECT TO ANY GIVEN ACTION(S) OR USE(S) (OR ATTEMPTED USE[S]) OF THE SERVICE, TO THE EXTENT THAT THE EVENT, ACTION, OR OMISSION GIVING RISE TO LIABILITY CAN BE FAIRLY ATTRIBUTED TO SUCH TRANSACTION(S) OR USE(S) (OR ATTEMPTED USE[S]), OR, $1,000, WHICH EVER AMOUNT IS LESS.

USER HERBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

5. Communication; Indemnity

Pyramid Screening Technology provides communication information including email addresses within its content for private email communication between Users. Pyramid Screening Technology does not monitor this communication and, as such, shall be indemnified and held harmless by each User for any direct, indirect, incidental, special, or consequential damages arising out of use of communication information including, but not limited to, email communication or contact information with regard to buying or selling products or services or out of any breach of any warranty of any kind.
In addition, each User indemnifies Pyramid Screening Technology and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any Loss by reason of, in any way relating to, or arising out of
a. User's use of the Web site or the Service, any violation of any law, rule, or regulation arising by reason of such use;
b. any claim or dispute which may arise from a breach of terms of the Agreement or from any dispute which may arise between Users;
c. any information supplied by or through such User or any actions to which such User is a party and any misuse of any information by such User;
d. User's violation of the Agreement;
e. any action that is purportedly taken by you or any person, whether by your negligence, lack of vigilance, or otherwise, gains access to your Password or gains access to your computer systems or transmitting facilities that facilitate the misuse of your Password.

6. Notice

Pyramid Screening Technology may give notice to Users by means of a general notice on the Service, or by electronic mail to User's email address on record at Pyramid Screening Technology, or by written communication sent by first class mail to a User's address on record with Pyramid Screening Technology. You may give notice to Pyramid Screening Technology and such notice shall be deemed given when received by us at any time.

7. Choice of Law and Jurisdiction

THE AGREEMENT SHALL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT APPLICATION OF ITS CHOICE OF LAW PRINCIPLES.
NOTWITHSTANDING THE ABOVE, PYRAMID SCREENING TECHNOLOGY MAY SEEK AND OBTAIN EQUITABLE RELIEF AGAINST ANY USER FOR THE VIOLATION OF THE AGREEMENT AND EITHER PARTY MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION, WHERE EVER SITUATED FOR ENFORCEMENT OF ANY JUDGMENT AND ENTRY OF WHATEVER ORDERS ARE NECESSARY FOR SUCH ENFORCEMENT.

8. Headings

The headings of the articles, sections, and exhibits of the Agreement are inserted for convenience only, do not constitute a part of the Agreement and shall not affect in any way the meaning or interpretation of the Agreement.

9. Severability

If a court of competent jurisdiction or other authority to be invalid, void, unenforceable, or against public policy holds any term, provision, covenant, or restriction of this Agreement, the remainder of this Agreement shall remain in full force and effect.

10. Entire Agreement, Amendment, and Assignment

The Agreement, including any exhibits hereto and all incorporated provisions, constitutes the entire agreement among the parties and supercedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the Agreement.
The Agreement may not be modified or amended (except by Pyramid Screening Technology with respect to its terms and conditions, as provided above and the Agreement, as so amended, shall apply to all uses of the Service by User from and after the effective date of such amendment) except in writing signed by the party against whom the amendment is to be enforced or by, in the case of amendments made by Pyramid Screening Technology, the posting of the amendments (or the Agreement, as so amended) on its Web site in accordance with the provisions of the Agreement.
User shall not be entitled to assign or transfer any of its rights hereunder or allow any person to obtain the benefits of such rights (including, without limitation, allowing any third party to obtain access to the Service, whether through a change in control of User or otherwise) without Pyramid Screening Technology's prior written consent. A change of control as to a person other than an individual shall be deemed to have occurred if, as a result of a transaction or event, the persons beneficially owing the voting securities of such person prior to such transaction or event do not, after such transaction or event, beneficially own more than 50% of the voting securities of such person. For the purposes of the foregoing sentence, the provisions of Rule 13d-3 as promulgated by the Securities and Website Commission (and any successor rule) shall apply with respect to the determination of beneficial ownership.

The Terms & Conditions Effective 1st January 2005.