ACCEPTANCE OF TERMS

Alumwire, Inc. ("Alumwire") provides its services subject to the terms and conditions including those set out below. These are collectively the "Terms of Service" ("TOS"). All of these may be revised by Alumwire from time to time, without notice, and will be posted as amended on our site. Use of Alumwire's services constitutes acceptance of the Terms of Service, as so published.

THE ALUMWIRE SERVICE

Alumwire provides its users with professional networks, communications tools, forums, events and other services. These features, and any new features adopted by Alumwire, (collectively, the "Service") are subject to the TOS. You understand and agree that Alumwire does not assume any responsibility for the content of any of these communications, or for the deletion or failure to display or store any user communications.

ALUMWIRE USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Alumwire, are entirely responsible for all Content that you upload, make available, post, email or otherwise transmit via the Service. Alumwire does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Alumwire be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to NOT use Alumwire to:

1. make available, upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, an Alumwire employee, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. harm minors in any way;
4. forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service;
5. upload, make available, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual agreement or relationship;
6. upload, make available, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, make available, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing" or any other form of solicitation, except in those areas or groups that may be designated for such purpose;
8. upload, make available, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law; or
12. "stalk" or otherwise harass another user.

You acknowledge that Alumwire does not pre-screen Content, but that Alumwire and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Alumwire and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You acknowledge and agree that Alumwire may preserve Content as Alumwire property and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Alumwire, its users and the public.

Alumwire is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Service in meeting the employment objectives of the users. Alumwire does not guarantee that Content posted by you will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made by any user. All sales are final after access to the recruiting tools have been granted.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

CODE OF CONDUCT ADDENDUM

While using Alumwire or Alumwire-related services, you agree not to do any of the following without our prior written authorization:

• Post any inaccurate, untimely, stale, incomplete or misleading information.
• Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
• Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting.
• Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the Alumwire service.
• Post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application.
• Resell or make available to any person not expressly licensed by Alumwire, whether via phone, fax, e-mail, mail or any other medium, any of the Alumwire services or any information obtained therefrom, including without limitation the resumes or candidate information.
• Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the Alumwire service on a basis that is other than what was originally subscribed. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the Alumwire service under express license from Alumwire.
• Use any search engine, software, tool, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (other than those made available by Alumwire on the Site or other generally available third party web browsers, e.g., Google Chrome, Opera, Mozilla Firefox, Microsoft Internet Explorer or Safari), to navigate or search the Site.
• Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to Alumwire job seekers or subscribers.
• Express or imply that any statements you make are endorsed by us.
• Impersonate any person or entity, including, without limitation, an Alumwire employee or agent, a user of Alumwire's services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
• Respond to a job listing on behalf of anyone other than yourself.
• Delete or revise any material posted by any other person or entity.
• Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
• Post or transmit (a) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (b) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (d) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (e) any trade secret of any third party; or (f) any material, nonpublic information about companies without the authorization to do so.
• Post or transmit any job advertisement or 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; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
• Use the Site for any unlawful commercial, research or information gathering purposes.
• Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
• "Frame" or "mirror" any part of the Site.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
• Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.

Alumwire assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.

Your company agrees to and will hold Alumwire harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the Alumwire system. The information provided by candidates is not verified by Alumwire. Alumwire operates under the laws of the State of California and is regulated by the Department of Consumer Affairs.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.

Alumwire has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that Alumwire has the right (but not the obligation) to monitor the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Alumwire site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. Alumwire reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement/TOS. Alumwire also reserves the right to prohibit any user who, in Alumwire's sole discretion, violates the Code of Conduct or other terms of this Agreement/TOS from using the Alumwire site and related services. Such prohibition may occur without notice to the user.

If at any point during a trial period you or representatives of your company engage a candidate through Alumwire, your account will be upgraded to a corporate account and subject to the payment terms agreed upon at the onset of the trial vis-à-vis engaging a candidate.

CHILD PROTECTION

No persons under the age of 18 are permitted to use Alumwire.

TERMINATION OF USE

You agree that Alumwire, in its sole discretion, may terminate all or part of your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Alumwire believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Alumwire may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Alumwire may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Alumwire shall not be liable to you or any third-party for any termination of your access to the Service.