Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Service Provider, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account and personal information and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You may assign keywords that help others find your profile based on attributes that describe you and your background, but you may not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Service Provider may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Service Provider liability. You must immediately notify Service Provider of any unauthorized uses of your profile, your account, or any other breaches of security. Service Provider will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate an account, comment on a profile, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio or video files, or computer software. By making Content available, you represent and warrant that:
- the uploading, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if any third party has rights to intellectual property you create, you have either (i) received permission from that third party to post or make available the Content, including but not limited to any software, or (ii) secured from third party a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Service Provider or otherwise.
By submitting Content to Service Provider for inclusion on your Website, you grant Service Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Service Provider will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Service Provider has the right (though not the obligation) to, in Service Provider’s sole discretion (i) refuse or remove any Content that, in Service Provider’s reasonable opinion, violates any Service Provider policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Service Provider’s sole discretion. Service Provider will have no obligation to provide a refund of any amounts previously paid.
Additional, optional paid services such as career fairs, resume-writing services, recruiting services, and other career-related services may be available on or through the Website (any such services, an “Additional Service”). By selecting Additional Services you agree to pay Service Provider a one-time fee or monthly or annual subscription fees indicated for that service (additional payment terms specifically for Additional services upon purchase). Payments will be charged on a pre-pay basis in advance of the service you sign up for and will cover the use of that service for the time period indicated, either a one-time fee or a monthly or annual subscription period. Fees for Additional Services are not refundable.
For recurring services, unless you notify Service Provider before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled in the account section of your profile.
Fees and Payments
By signing up for Additional Services you agree to pay Service Provider any setup fees and monthly hosting fees indicated at the time you purchase Additional Service in exchange for the services indicated. Applicable fees will be invoiced starting from the day your Additional Services are established and in advance of using such services. Service Provider reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. By activating an Additional Service through the Website, you agree to that Additional Service provider’s terms of service.
The service operated by Service Provider and any Additional Services may include access to support. “Support” means the ability to make requests for technical support assistance by email or other means concerning the use of the services (with efforts by Service Provider to respond within a reasonable number of business days). All support for services delivered through the Website will be provided in accordance with the standard practices, procedures, and policies of the respective Services Provider, partner, or affiliate.
Responsibility of Website Visitors
Service Provider has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Service Provider does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Service Provider disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which there are links through the Website, and that link to Service Provider. Service Provider does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Service Provider does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Service Provider disclaims any responsibility for any harm resulting from your use of non-Service Provider websites and webpages.
Copyright Infringement and Policies
As Service Provider asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Website violates your copyright, you are encouraged to notify Service Provider in accordance with Service Provider’s Digital Millennium Copyright Act (“DMCA”) Policy. Service Provider will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Service Provider will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Service Provider or others. In the case of such termination, Service Provider will have no obligation to provide a refund of any amounts previously paid to Service Provider.
This Agreement does not transfer from Service Provider to you any intellectual property. All rights, title, and interest in and to such property will remain (as between the parties) solely with the respective Service Provider or third party. The Service Provider’s respective logos, and all other trademarks, service marks, graphics and logos used in connection with the Website are respective trademarks or registered trademarks of Service Provider or Service Provider’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Service Provider or third-party trademarks.
Service Provider reserves the right to display targeted, employment or recruiting-related advertisements including job openings or related candidates on your profile which may improve your experience and use of the Website.
Changes to Terms
Service Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Service Provider may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Service Provider may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an Additional Services account, such account can only be terminated by Service Provider or by third party services if you materially breach this Agreement and fail to cure such breach within thirty (30) days notice to you thereof; provided that, Service Provider can terminate the Website immediately with no liability as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as-is”. Service Provider and its partners, suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Service Provider nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Service Provider, or its partners, suppliers and licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Service Provider under this agreement during the twelve (12) month period prior to the cause of action. Service Provider shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Service Provider, its contractors, partners, suppliers, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Service Provider and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Service Provider, or by the posting by Service Provider of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Service Provider may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.