Updated July 13, 2007

By accessing this website and any pages hereof, you agree to be bound by the terms and conditions below. If you do not agree to any of the terms and conditions below, do not access this website, or any pages hereof.

The following is a summary of the key terms under which we offer and you agree to use the ZitoList.com ("ZitoList.com") web site ("Site"). However, both parties are obligated to adhere to the full agreement which is set forth below under Terms of Service ("Terms").

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change at any time and without any notice by posting a revised Terms of Service on the Site. Any such revision will become effective immediately upon posting. Unauthorized use of the ZitoList.com Site and systems including but not limited to unauthorized entry into the ZitoList.com systems, misuse of passwords, or misuse of any information posted on a Site is strictly prohibited.

1. The Site contains proprietary notices and copyright information, the terms of which must be observed and followed.

2. Information on the Site may be changed or updated without notice.

3. In addition to direct postings, ZitoList.com is a search engine that extracts and summarizes information from the Web. This information may be inaccurate and we may make mistakes when extracting the information. ZitoList.com assumes no responsibility regarding the accuracy of the information and the use of such information is at your own risk.

4. ZitoList.com may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content.

5. ZitoList.com may impose limits on certain features and functionality or restrict your access to parts or all of the Site without notice or liability.

6. You agree to comply with all federal and state laws in the use of any of the data obtained through the Site, specifically including, but not limited to, email addresses.

 

CONTENT
The jobs contained in ZitoList.com's search results, or linked from those results, have been created by people over whom ZitoList.com exercises no control. ZitoList.com's job search results are indexed in an automated manner and ZitoList.com does not screen the jobs. ZitoList.com assumes no responsibility for the content of any job listing or website that is either included in ZitoList.com's search results or linked to by ZitoList.com. ZitoList.com makes no claim as to the accuracy of the job information posted on this site and we do not attempt, in any way, to check the veracity of the information contained herein. We do our best to insure that only legitimate employers and recruiters use ZitoList.com, however all candidates should perform due diligence in order to independently verify specific job information with the employer or recruiter who posted the opportunity.

ZitoList.com does not guarantee any minimum number of jobs will be posted on the site at any given point in time.

ZitoList.com reserves the right to delete any posted job that does not meet our Terms of Service or fit the focus of this web site (medical / pharmaceutical manufacturing positions: sales, marketing, engineering, quality regulatory, etc. ) or that does not contain the required contact information.

SUBMISSIONS
All information submitted to ZitoList.com via this Web site shall be deemed and remain the property of ZitoList.com and ZitoList.com shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Web site provides ZitoList.com through this Web site. ZitoList.com shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the ZitoList.com entity having the direct client relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing ZitoList.com responsibilities and obligations to clients in accordance with ZitoList.com Privacy Policy.

Recruiters and Employers who post jobs on ZitoList.com are solely responsible for the content submitted. ZitoList.com reserves the right to delete messages that ZitoList.com, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

All materials published on the Site including, but not limited to, company descriptions, contact information, job postings (collectively known as the "Content") are protected by copyright pursuant to U.S. and international copyright laws, and owned or controlled by ZitoList.com or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

ZitoList.com is the sole owner of the layout, functions, appearance, trademarks and other intellectual property comprising the Site. Additionally, ZitoList.com is the sole owner of the compiled biographical and company data (collectively known as the "Job Postings"), but not the cached Web pages or material that have been copied from the cached pages which belong to their respective copyright owners.

ZitoList.com may move or delete any Content on the Site for any reason. ZitoList.com shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

ZitoList.com will utilize reasonable commercial efforts to protect the integrity of data collected by you and stored with the Site. However, ZitoList.com shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. ZitoList.com recommends that you periodically back up your information and Job Postings onto media not associated with ZitoList.com, including printing a hard copy of it.

ZitoList.com may preserve and disclose content or user information (including queries made) if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of ZitoList.com, its users, or the public, (e) administer the Site, or (f) comply with the request of a user or a user's employer.

LINKS
This web site may contain links to web sites controlled or offered by third parties (non-affiliates of ZitoList.com). ZitoList.com disclaims liability for, any information, materials, products or services posted or offered at any of the third party web sites linked to this web site. By providing any links to third party web sites, ZitoList.com does not endorse or recommend any products or services offered or information contained therein, nor is ZitoList.com liable for any failure of products or services offered or advertised at those web sites. Such third party may have a privacy policy different from ZitoList.com and the third party web site may provide less security than ZitoList.com web site.

You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.

LIABILITY
UNDER NO CIRCUMSTANCES SHALL ZITOLIST.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE ZITOLIST.COM SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ZITOLIST.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ZITOLIST.COM SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE ZITOLIST.COM SITE, FROM INABILITY TO USE THE ZITOLIST.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ZITOLIST.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZITOLIST.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ZITOLIST.COM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ZITOLIST.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ZITOLIST.COM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ZITOLIST.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ZITOLIST.COM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

COPYRIGHT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ZitoList.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ZitoList.com to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ZitoList.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Michael Duval, 4419 Centennial Blvd, Suite 303, Colorado Springs, CO 80907 (info@ZitoList.com). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

LICENSED TRADEMARKS
All trademarks and registered trademarks are the property of their respective owners. Employers and their representatives who submit content to ZitoList.com or any of its affiliated sites, agree to grant ZitoList.com and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. Employers and their representatives also grant to ZitoList.com and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and license to use, reproduce, communicate to the public and display the name and trademark of their organization and status as a contributor of content to the ZitoList.com. Employers and their representatives warrant and represent that they have the authority to enter into this license agreement and that they are the holder of any rights, including moral rights in such content and trademarks, and that they have completely and effectively waived all such rights and validly and irrevocably granted to ZitoList.com the license stated above. Subject to the foregoing, the owner of such content and trademarks submitted to ZitoList.com retains any and all rights that may exist in such content and trademarks.

MISCELLANEOUS
This Agreement is entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of El Paso in the State of Colorado for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.

NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS”, “AS AVAILABLE”. ZitoList.com DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

FEES
ZitoList.com reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges.

CANCELLATION
Job Board Hosting subscriptions will automatically renew to preserve continuity. If you would like to cancel this subscription, log in to your PayPal account and go to the "History" subtab of the "My Account" tab. Choose "Subscriptions" from the pull-down "Show" menu and press the "Submit" button. Choose this subscription, and click on its "Details" link. You will be taken to a Transaction Details page from which you may cancel your subscription. Cancelling your subscription will immediately stop all future scheduled payments for this subscription.
Job search standard memberships ($24.99 per year) DO NOT auto renew.

JOB BOARD HOSTING REFUND:
Except in cases where the subscription began with a free trial period, ZitoList.com will refund your membership fee in full if you cancel within 3 days of payment. If your membership began with a trial period, that trial period takes the place of the 3 day cancellation period, and once the paid subscription begins, no refund will be provided. All subscriptions not cancelled within this 3 day period, including four-week subscriptions, twenty-six week subscriptions, or fifty-two-week subscriptions, may be canceled by you at any time but no refund will be made for unused subscription periods.

REGISTRATION; USE OF SECURE AREAS AND PASSWORDS
Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.

MUTUAL INDEMNIFICATION.
Each party agrees to indemnify and hold harmless the other party from and against any cost, loss or expense (including attorney's fees) resulting from any claims by third parties for loss, damage or injury allegedly caused by the actions, omissions or misrepresentations of the other party, its agents or employees provided that the indemnified party provides the indemnifying party with (a) prompt written notice of such claim or action, (b) sole control and authority over the defense or settlement of such claim or action and (c) proper and full information and reasonable assistance to defend and/or settle any such claim or action.

Notices required or permitted hereunder that are intended for you personally and not all users of the Site shall be made to you at the most recent email address on file with ZitoList.com and shall be made to ZitoList.com by email to "info@zitolist.com" or in writing to ZitoList.com, Attn: Notices; 4419 Centennial Blvd, Suite 303, Colorado Springs, CO 80907

You understand and agree that, in addition to money damages, ZitoList.com shall be entitled to equitable relief where appropriate upon your breach of any portion of this Agreement.

These Terms represent the entire binding agreement between you and ZitoList.com, and each party's respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Site or the information therein. A printed version of this Agreement and of any notice given shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.