Terms of Use Agreement
By using our site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do not agree
to these terms, you should not use this site. The term “site” or “us” or “we”
or “our” refers to Career Metasearch, Inc., the owner of the Web site. The term
“you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials. Some of the content on the site is
the copyrighted work of third parties.
3. Service Marks.
Careermetasearch.com and others are our service marks or registered service
marks or trademarks. Other product and company names mentioned on the Site may
be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or any
Content and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism; (c)
create compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through any timesharing system,
service bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine the
Site architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2) email that
makes use of headers, invalid or nonexistent domain names, or other means of
deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control laws or
regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. The Documents are provided “as
is”, “as available”, and with “all faults”, and we and any provider of the
Documents disclaim any warranties, including but not limited to the warranties
of merchantability and fitness for a particular purpose. The Documents may be
inappropriate for your particular circumstances. Furthermore, state laws may
require different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal or business
documents necessary for your particular transactions, as the Documents are only
samples and may not be applicable to a particular situation. Some Documents are
public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy or currency of the
information contained in or linked to the Site. Your use of information on the
Site or materials linked to the Site is entirely at your own risk. We are not a
law firm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or other
notices on the Site, (b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to the Site immediately upon
request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s
materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. Each registration is for your personal use only and
not on behalf of any other person or entity. We do not permit (a) any other
person using the registered sections under your name; or (b) access through a
single name being made available to multiple users on a network. You are
responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not
represent or warrant that the information available on or through the Site will
be correct, accurate, timely or otherwise reliable. We may make changes to the
features, functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links from
the Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of
content on the Site. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting in any way from
(a) any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the Site or any
features thereof, (c) your use of the Site, (d) the content contained on the
Site, or (e) any delay or failure in performance beyond the control of a Covered
Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our future
products, services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full responsibility for the
message, including its legality, reliability, appropriateness, originality, and
copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this link.
22. Payments.
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends,"
"will" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has
been infringed;
c. A description of where the material that you claim is
infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; and
f. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached by directing an e-mail to the Copyright Agent at
info@careermetasearch.com
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
28. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Lake
Worth, Florida and shall be governed by and construed in accordance with the
laws of the State of Florida (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 16 and Section
17. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or merger.
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision. Our rights under this Agreement shall survive any
termination of this Agreement.
29. Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Lake Worth, Florida, and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or us may seek any interim or preliminary
relief from a court of competent jurisdiction in Lake Worth, Florida necessary
to protect the rights or property of you and us pending the completion of
arbitration. Each party shall bear one-half of the arbitration fees and costs
incurred through JAMS.
|