THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE “SITE”) OF CAREER ADVANCERS, INC. (“CAREER ADVANCERS “) AND THE EMPLOYMENT SEARCH AND HIRING SERVICES AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT CAREER ADVANCERS MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. This Site and the Services are intended for use by individuals looking for employment and for employers and recruiters seeking candidates for employment.
General Use Restrictions
All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by Career Advancers. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
Career Advancers grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the Career Advancers copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Career Advancers may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If Career Advancers becomes aware of any of the foregoing activities, Career Advancers may investigate and may respond, and when appropriate, Career Advancers may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Career Advancers expressly prohibits and you agree not to:
- Provide any false or misleading information about your identity or employment information provided by you to Career Advancers in relation to your use of or access to the Site and/or Services;
- Post any false or inaccurate Submissions (defined below) or information;
- Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person
- Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
- Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
- Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
- Use the Site, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users’ employment opportunities.
- Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services by directly posting within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
- Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
- Take any action that imposes an unreasonable or disproportionately large burden on Site’s infrastructure.
- Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
- Frame or link to the Site of any of the content or information available from the Site unless Career Advancers expressly consents to such linking and/or framing.
- Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
- Use any robot, spider or other program or device to retrieve or index any portion of the Career Advancers Site;
- Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
You agree that Career Advancers reserves the right to remove any content, for any reason in its sole discretion as it may deem appropriate.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Career Advancers reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any posting by you for any reason, including, without limitation, any action that Career Advancers, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. If Career Advancers finds that you are abusing the email system of Career Advancers, Career Advancers may, without limitation of other available remedies, suspend or terminate your account.
You acknowledge that the Site contains content that Career Advancers creates as well as content provided by third parties. The foregoing prohibitions do not impose on Career Advancers, and Career Advancers does not assume, any obligation to monitor or remove any postings or other information or communication submitted by you or any other user. You hereby acknowledge and agree that you may be exposed to content that may be offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND CAREER ADVANCERS WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and Career Advancers is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party. Career Advancers has the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Site, Career Advancers will require you to set up a user name and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Career Advancers from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Career Advancers at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Career Advancers immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Third Party Content
Links To Third Party Sites
You agree that any Submission by you will comply with the “General Use Restrictions” as set forth above. Career Advancers reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all parts of a Submission should it determine that such Submission is in violation with any provision of the Terms.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Career Advancers or others used on this Site and in the Services are the property of Career Advancers or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of Career Advancers or the respective owner, and nothing contained on this Site grants by implication, waiver or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Career Advancers, Copyright © 2013, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless Career Advancers and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR THE SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE MATERIALS. YOU ACKNOWLEDGE THAT THE MATERIALS HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY CAREER ADVANCERS, AND AGREE THAT CAREER ADVANCERS DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS AND FURTHER AGREE THAT CAREER ADVANCERS HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY CAREER ADVANCERS OR ITS LICENSORS.
CAREER ADVANCERS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. CAREER ADVANCERS PROVIDES THE SERVICES “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND.
WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability
NEITHER CAREER ADVANCERS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF CAREER ADVANCERS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Information Collected and Utilized
Career Advancers may collect or receive information about you when you register with the Career Advancers website or submit information, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation and any other data included in a submitted profile or resume. Career Advancers may collect information on the Career Advancers website pages you access and other information you may volunteer, such as survey information, ratings, reviews, questions, and answers. Career Advancers may also record actions taken on its websites including, but not limited to, clicks, page views, IP address, and search queries. Career Advancers may store this information on its equipment or the equipment of third parties that it has a relationship with for that purpose. We may receive your personally identifiable information from our partners that provide us with third-party services so that we can customize and improve the services that we may provide to you. In particular, Linkedin.com (“Linkedin”) will be providing Career Advancers with certain information from its registered users in order for Career Advancers to enhance the services that we provide to you. Please note that emails, messages sent via your web browser, and other similar means of communication with other users are not encrypted. We strongly advise you not to communicate any confidential information through these means.
Uses of Information
Career Advancers’s site may ask you to give Career Advancers contact information (such as your name and email address) and demographic information. You agree that Career Advancers may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a 3rd party, through your Career Advancers account or through other means made available through your contact information such as email, phone, or postal mail. Career Advancers may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about Career Advancers and promotional material from some of Career Advancers’s partners. Career Advancers may use demographic and/or profile data to tailor your experience on Career Advancers’s site, show you content that Career Advancers thinks you may be interested in, and display content according to your preferences. Career Advancers may make your personal information that you place available to third parties who may be interested in you as an employee , search engines, or to the general public by posting your personal information on the internet. This may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view your personal information and you may receive unsolicited contact from parties unaffiliated with Career Advancers and for whom Career Advancers has no responsibility. Career Advancers reserves the right to charge third parties a fee for accessing your information as part of Career Advancers’s services.
We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you. Some advertisements that appear on this Site are delivered to you by our advertising partners. Our advertising partners may download cookies to your computer. Doing this allows the advertising network to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising network to deliver targeted advertisements that they believe will be of most interest to you. We do not have access to or control of the cookies that may be placed by the third party advertisers.
Links to Third Party Sites
We may employ procedural and technological measures, consistent with industry practice. Such measures are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Career Advancers may use firewalls, internal restrictions, password protection, physical lock and key and other security measures to help prevent unauthorized access to your personally identifiable information.