TERMS OF SERVICE
Welcome to our Website (our “Website” or “site”), owned and operated by Parameridian,
together with various service providers operating under the limited direction of Parameridian.
By using our Website YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE
and all the terms, conditions, disclaimers and limitations that appear or are made available to you
on our site (for example, in connection with special offers or promotions) and all of these, as
they may be amended from time to time, we may refer to collectively as your “Agreement” with
us. We may refer to anyone using, registering, visiting or taking advantage of any of the features,
functions, offers or links made available, on or through our Website, as “you” or “your” in our
Agreement and we may refer to Parameridian as “we”, “us” or “our” (or, of course
Acceptance of and Changes to Terms of Service-
This is a contract between you and Parameridian, a Maine business.
By using our Website and services, you signify your acceptance of the Agreement,
including, without limitation, all the terms and conditions in this Agreement. If you do not agree
completely with any terms, conditions, disclaimers, limitations or other provisions in your
Agreement with us, your only remedy is to discontinue use of our Website. We reserve the right
to modify our Agreement with you, including, without limitation, these Terms of Service at any
time. Your continued use of any portion of our Website following the effective date contained in
the notification or the posting of such changes on our Website, if no other effective date is
specified, will constitute your acceptance of those changes and your agreement to comply with
all the current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail
You agree, represent, and warrant to us, not to do any of the following while using the Website
or any of our other sites:
Intentionally or knowingly violate any and all applicable law(s), regulation(s), or
agreement(s) that you are bound by – including this Agreement – nor the rights of any other
Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying
agents or conduct fraudulent activities;
Access, tamper with, or use any areas of the Website or our computer systems, resources,
programming, code or communications capabilities, nor any features or functions of our sites.
Frame or link to the Website or any of our other sites, unless permitted in writing by us.
You must be 18 years of age or older, or the age of majority as defined in your jurisdiction,
whichever is older, to visit or use our Website in any manner. By visiting our Website and
accepting these Terms, you represent and warrant to us that you have reached the age of majority
in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by
these Terms. You also represent and warrant to us that you will use our Website in a manner
consistent with any and all applicable laws and regulations.
For Job Seekers
For those of you seeking employment through our Website, we are allowing you to use our site
for that limited purpose. You are obviously not the only job seekers using our Website, so please
be aware that you access to the Website is non-exclusive. You are allowed to view the
information on our Website for your own personal, non-commercial use. This means that you
may use this site to search for your own potential employment, but for no other purposes. By
using our Website you agree to be bound by this restriction. Further, by using our Website you
agree that you are solely responsible for the content of any information you post to the Website
and any consequences that arise from your positing. Finally, you agree, by using our Website, to
refrain from (1) posting inaccurate, misleading, or fraudulent information, (2) responding to a job
posting for someone, or something, else, and (3) attempt to use our Website for any unlawful,
deceitful, fraudulent, or malicious purpose.
For those of you seeking to hire employees, independent contractors, or service providers for
your business through our Website, we are allowing you to use our site for that limited purpose.
You are obviously not the only employer using our site, so please be aware that your access to
the site is non-exclusive. You are allowed to view the information on our Website for the limited
purpose of searching and recruiting job seekers. You may not sell, transfer or assign any
products or services or your rights to any products or services provided by us to any third party
without our express written consent, and by using our site you agree to that restriction. .
Further, by using our Website you agree that you are solely responsible for the content of any
information you post to the Website and any consequences that arise from your positing.
Finally, you agree, by using our Website, to refrain from (1) posting inaccurate, misleading, or
fraudulent information, (2) place an employment opportunity or job posting that is inaccurate or
unavailable, (3) attempt to use our Website for any unlawful, deceitful, fraudulent, or malicious
purpose, (4) Post the same position multiple times on the Site or post multiple positions within
one posting, (5) Place any contact information within a job posting that is different from or in
addition to contact information provided when purchasing the service, (6) Resell or make
available to any person, regardless of how you make it available or your intent, or lack thereof, to
make it available, any of the Website services or any information obtained therefrom, including
without limitation, resumes or candidate information, (7) Share passwords, login information or
named user identification or otherwise allow multiple offices or users to access the Website on a
basis that is other than what was originally purchased (A “named user” is defined as one unique
individual user with one unique password and an “office” is defined as a location where a named
user routinely accesses or uses the Website), (8) Allow job postings or employment requirements
to remain posted on the Site after they are no longer available, viable or valid, (9) Engage in
spamming, flooding, soliciting or mass marketing via email, direct mail, telephone, or otherwise
to job seekers or subscribers, (10) Impersonate any person or entity, including, without
limitation, a Parameridian employee or agent, a user of the Website's services, including a
candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with
any person or entity, (11) Delete or revise any material posted by any other person or entity, (12)
Post or transmit any job posting that does not comply with applicable law, including, but not
limited to, United States federal, state and local laws relating to equal employment opportunity
and employment eligibility verification, and (13) Communicate, send, or place unsolicited email,
telephone calls, mailings or other contacts to posting individuals and entities.
Credit Card Transactions
We have implemented accounting systems that are some of the most protective of customer
purchases that are readily available on the internet, and we go to great lengths to insure that your
information is protected. That being said, we do not control all aspects of our credit card
merchant processing system. By using that system, you recognize that we do not control it and
further you release us from liability in the event that our third party credit card processing
merchant were to have some security breach, or in some other way cause you harm or damage,
and that you will look solely to them for remediation of that harm or damage.
When you provide payment information, you represent and warrant that the information is
accurate, that you are authorized to use the payment method provided, and that you will notify us
of changes to the payment information. We reserve the right to utilize third party credit card
updating services to obtain current expiration dates on credit cards.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any
time after receipt of your order to accept or decline your order for any reason.
We will gladly refund your order or give you store credit, at your discretion, for returns up to 30
days after the date of purchase, so long as the service purchased remains unused in any fashion,
and we are able to sufficiently ascertain that. Returns that are made more than 30 days after the
date of purchase shall be left in the discretion of our management, but there is no specific
obligation to offer either a refund or store credit following 30 days after the date of purchase.
We reserve the right to reject any order you place with us and/or to limit quantities in any order,
without giving any reason or for no reason, if we determine it is in our best interests to do so. If
we reject your order or reduce the quantities of any services in your order, we will attempt to
notify you using the e-mail and/or billing address you gave us when you placed the order.
In order to participate with our Website you are required to register with the Website and create a
unique account. You agree to provide and maintain accurate, current and complete information,
including your contact information for notices and other communications from us and your
payment information. You agree not to impersonate or misrepresent your affiliation with any
person or entity, including using another person’s username, password or other account
information, or another person’s name or likeness, or provide false information or details in any
way. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances, of the accounts of users who violate this Agreement. In addition, we may
suspend or terminate your account and your ability to use the Website if you engage in,
encourage, or in any way advocate for illegal conduct, whether intentional or unintentional.
You are responsible for taking reasonable steps to maintain the confidentiality of your username
and password, and you are responsible for all activities under your account. You agree to
promptly notify us of any unauthorized use of your username, password or other account
information, or of any other breach of security that you become aware of involving the Website.
The security, integrity and confidentiality of your information are extremely important to us. We
have implemented, through a third party provider, technical, administrative and physical security
measures that are designed to protect your information from unauthorized access, disclosure, use
Order Limitations/Limited Quantities
We may, at our own discretion, limit or cancel quantities purchased per person, per entity, per
household or per order. We also reserve the right to reject any order you place with us. These
restrictions may include orders placed by the same Website account, the same credit card, and
orders that use the same billing and/or shipping address. In the event we make a change to an
order, we will attempt to notify you by contacting the e-mail and/or billing address provided at
the time the order was made.
All orders for goods placed on our site are subject to product availability and will be shipped
according to our internal shipping policies and in accordance with this Agreement. Goods
ordered are shipped Free on Board (F.O.B.) from the city at which the shipment originates.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content
expressed or made available on our Website by any third parties are those of the respective
author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any
way, including, without limitation, the accuracy or reliability of any opinion, advice, information
or statement made by anyone other than our employee who is authorized by us and is acting in
her or his official capacity.
Parental Control Protections
As required by the Communications Decency Act of 1996, we hereby notify you that parental
control protections (such as computer hardware, software or filtering services) are commercially
available that may assist you in limiting access to information and content that may be
objectionable or harmful to minors as specified by law. Among the many companies that provide
Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne.
We do not sponsor or endorse or control any of these companies or their services.
Our site may contain links to other websites and/or resources. You acknowledge and agree that
we are not responsible or liable for their (1) availability or accuracy; or any (2) content,
advertising, or products on or made available on such an external site. The inclusion of any link
on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site
reached through the link.
When you access the Website through a mobile network, your network or roaming provider’s
messaging, data and other rates and fees will apply. Downloading, installing or using certain
parts of the Website may be prohibited or restricted by your network provider and not all parts of
the Website may work with your network provider or device.
All text, graphics, logos, icons, images, audio clips and software on the site ("Content") are
copyrighted materials owned by or licensed to us. Content may contain trademarks, service
marks and trade names which are owned by us and may also contain brand and product names
which are trademarks, service marks or trade names which are owned us or by third parties and
the term “Content” will be used and mean to include these as well. Unless authorized in writing
by a Company Official of Parameridian, you may not use any Content without our consent
and, even if we consent, you many not use any Content in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits us. You may not sell,
reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare
derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or
otherwise use any of the Content in any way for any public or commercial purpose without our
prior written consent or the consent of the rights holder if not us. You may not use the Content
on any other Web site or medium or in a networked computer environment for any purpose. If
you violate any of these terms, your permission to use the Content will automatically terminate,
you must immediately destroy Content in your possession or under your control and any copies
you have made, and we may end your authorization to use our site. Nothing shall be construed as
conferring any license or right under any copyright, trade secret, patent, trademark or other
intellectual property rights to you and we expressly reserved all such rights.
We will give you any necessary notices by posting them on our site. You authorize us to send
notices via electronic mail or by other electronic or digital means (e.g., wireless, web, etc.), in
our sole discretion. You agree to check our site for notices, and that you will be deemed to have
received a notice when it is made available to you by posting on the site or sent to you via
electronic mail or made available in any other reasonable means consistent with the terms of this
Disclaimer of Warranties
Although we endeavor to provide current, accurate and reliable information on our site, we
cannot and do not warrant, promise, guarantee or make any representations regarding the
accuracy, reliability or any use of the functions, features, operations, Content, or information.
We cannot and do not warrant that your use of our site, or the operation or function of the site,
any component, feature, function, capability, offer, product, software, or services, will be
uninterrupted or error free or that defects or malfunctions will be corrected or that the site is free
of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all
costs and expenses associated with servicing and/or repair in any way connected or arising from
attempted, alleged or actual use or access of our site. We make no representations about the
suitability, reliability, availability, timeliness, and/or accuracy of our site.
OUR SITE AND THE CONTENT IS PROVIDED; AS IS; AND & AS AVAILABLE;
WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE
DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT
EXPRESSLY SET OUT IN THESE TERMS.
Limitation of Liability
In no event shall Parameridian, its members, managers, company officials, partners,
owners, agents, contractors, and/or representatives be liable to you or anyone else for any
indirect, punitive, incidental, special or consequential damages or any damages whatsoever,
including, without limitation, damages for loss of use, data or profits, arising out of or in any
way connected with our Website, this Agreement, the use or performance of our Website, the
delay or inability to use our Website, the provision of, or failure to, provide services, or for any
events, information, software, products, services and related graphics obtained through the
Website, or otherwise arising out of the use of our Website, whether based on contract, tort,
negligence, strict liability or otherwise, even if we or any other party may have been advised of
the possibility of damages.
If you are dissatisfied with any portion of our Website, or with any part of this Agreement or
your transactions with us, your sole and exclusive remedy is to discontinue using our Website.
This sole and exclusive remedy is separate and independent of any other provision that limits our
liability or your remedies under this Agreement.
Binding Arbitration and Class Action Waiver
You and Parameridian agree to arbitrate all disputes between you and Parameridian
or its affiliates, except disputes relating to the enforcement of any intellectual property rights.
“Dispute” includes any dispute, action or other controversy between you and us concerning the
Website, any product or service ordered or purchased, or these terms, whether such an action
sounds in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Parameridian must send to the other party a notice of
dispute, which is a written statement that sets forth the name, address and contact information of
the party giving the notice, the facts giving rise to the dispute, and the relief requested. You
must send any notice of dispute to Parameridian, PO Box 1108, South Portland, Cumberland County,
Maine, USA, 04106 Attn: Legal Dispute. We will send any notice of dispute to you at
the contact information we have for you. You and Parameridian will attempt to resolve a
dispute through informal negotiation within sixty (60) days from the date the notice of dispute is
sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a
dispute in small claims court if the dispute meets the requirements to be heard in small claims
court, whether or not you negotiated informally first.
If you and Parameridian do not resolve a dispute by informal negotiation or in small
claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose
decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A
JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association
(the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for
Consumer Related Disputes. For more information, visit www.adr.org or, in the United States,
call 800-778- 7879. Arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator may award damages to you individually as a
court could, including declaratory or injunctive relief, but only to the extent required to satisfy
your individual claim.
Arbitration shall be initiated in the City of South Portland, Maine, United States of America,
and you and Parameridian agree to submit to the personal jurisdiction of the federal or
state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or
confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
To the extent legally allowable, ALL PROCEEDINGS TO RESOLVE OR LITIGATE A
DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither
you nor Parameridian will seek to have a dispute heard as a class action, private attorney
general action, or in any other proceeding in which either party acts or proposes to act in a
representative capacity. No arbitration or proceeding can be combined with another without the
prior written consent of all parties to the arbitration or proceeding. If the class action waiver is
found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be
severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will
be corrected where discovered and we have the right to refuse or cancel any orders placed for
products and/or services listed at an incorrect price, incorrect promotional offer, or containing
any incorrect information or typographical errors. We have the right to refuse or cancel any such
orders, whether or not the order has been confirmed and/or your credit card charged. If your
credit card has already been charged for the purchase and your order is canceled, we shall issue a
credit to your credit card account in the amount of the charge. Individual bank policies will
dictate when this amount is credited to your account.
Termination of Use
We may terminate your Website Account with or without cause at any time effective
immediately. You are personally liable for any orders that you place or charges that you incur
prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of
the Website at any time without prior notice.
We shall be excused from performance under this Agreement if we fail or are prevented,
forbidden or delayed from performing by reason of: (a) any provision of any present or future
law or regulation or order of any court, the United States of America, or any State or local
government body, (b) any act or omission of a third party, or (c) any act, emergency condition,
war, computer or telecommunications failure or other circumstance beyond our control.
You agree that we and our agents, representatives, contractors, suppliers and others working on
our behalf, may make improvements and/or changes in the Content on the our sites, and all
features, functions and/or services may change at any time without notice and without liability of
any kind. You are responsible for compliance with applicable laws and regulations that apply to
you, keeping in mind that access to our site may not be legal by certain persons or in certain
countries. A failure or delay in exercising any right, power or privilege occurring upon any
default by the other party with respect to any of the terms in this Agreement will not be
presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege
will not be presumed to preclude any subsequent or further exercise of that right, power or
privilege or the exercise of any other right, power or privilege, unless otherwise specifically
articulated elsewhere in this Agreement. If any provision of our Agreement is held by a court of
competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as
possible, to reflect the intentions of the parties, with all other provisions remaining in full force
conditions or provisions specifically referred to herein, comprises the entire agreement between
you and us regarding the subject matter and supersedes all prior or contemporaneous
negotiations, discussions or agreements, if any, between the parties with respect to same. These
Terms of Service, and our Agreement with you, is personal to you and you may not transfer,
assign, or delegate any of them to anyone without our express written permission and any
attempt to do so without prior written permission will be void ab initio. These Terms of Service
will inure to the benefit of our successors, assignees, and licensees. Unless the context clearly
indicates otherwise, when used in this Agreement the singular shall include the plural and vice
versa. Whenever the masculine, feminine or neuter gender is used inappropriately in this
Agreement, this Agreement shall be read as if the appropriate gender was used. The headings are
included for reference only and have no effect on the meaning of any provision. This Agreement
shall be construed as though drafted by both parties. Maine law, and controlling U.S.
federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will
govern any action related to these Terms of Service and our Agreement with you. You agree to
submit to the personal jurisdiction of the courts located in Cumberland County, in the State of Maine,
for the resolution of all disputes arising from or related to these Terms of Service, our
Agreement with you and/or your use of the Site. The provisions of these terms which by their
nature should survive the termination of these terms shall survive such termination.