Terms and Conditions
1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the CareerBuilder Web Sites and the Services (as each are defined below) provided by CareerBuilder, LLC or one of its divisions (collectively, "CareerBuilder"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the CareerBuilder Web Sites or Services. These Terms and Conditions are effective as of February 3, 2010.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by CareerBuilder), together with your Service Activation Agreement (if applicable), form a binding agreement (the "Agreement") between you and CareerBuilder. Your access to or use of the CareerBuilder Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions.The following definitions apply to this Agreement:
- "CareerBuilder Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
- "CareerBuilder Web Site" or the "Site" (collectively, the "CareerBuilder Websites" or the "Sites") means any web site under CareerBuilder's control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, CareerBuilder Materials and Services (as applicable in each context).
- "Content" includes all Text, Graphics, Design and Programming used on the Sites.
- "Document" refers to any posting to a Site, whether job or resume.
- "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
- "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
- "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
- "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
- General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of CareerBuilder's intended and acceptable use of the Sites. CareerBuilder is the sole interpreter of the Sites' intended and acceptable use.
- License to Use by Users who are Job Seekers. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. CareerBuilder reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
- License to Use by Users who are Employers. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. CareerBuilder also grants you a limited, terminable, non-exclusive license to use the CareerBuilder Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by CareerBuilder to any third party without the express written authorization of CareerBuilder. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. CareerBuilder reserves the right to suspend or terminate your access and use at any time if CareerBuilder determines that you are in breach of these Terms and Conditions.
- Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants CareerBuilder a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
5. Third Party Providers.. You acknowledge and agree that CareerBuilder may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between CareerBuilder and its Third Party Providers, CareerBuilder will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on CareerBuilder's Liability.
6.1 Allocation of Responsibility CareerBuilder assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. CareerBuilder acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, CareerBuilder may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. CareerBuilder has no liability or responsibility to Users for performance or nonperformance of such activities. CareerBuilder may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by CareerBuilder. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CAREERBUILDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CAREERBUILDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) CAREERBUILDER DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREERBUILDER IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) CareerBuilder makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) CareerBuilder makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) CAREERBUILDER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. CAREERBUILDER DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERBUILDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CAREERBUILDER'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH CAREERBUILDER, THE AMOUNTS ACTUALLY PAID BY YOU TO CAREERBUILDER UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that CareerBuilder will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, CareerBuilder cannot and does not confirm that each User is who they claim to be. Because CareerBuilder does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release CareerBuilder from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
7. Payment of Services upon Termination of Service Activation Agreement. If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then CareerBuilder shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Links to Other Sites. CareerBuilder contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CareerBuilder of the contents on such third-party web sites. CareerBuilder is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Sites. CareerBuilder may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by CareerBuilder unless CareerBuilder agrees to them in a signed writing specifically including those new or different terms. CareerBuilder may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless CareerBuilder (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. CareerBuilder shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11.1 When you register on any of the CareerBuilder Sites or in connection with the Services, you will be asked to create an account and provide CareerBuilder with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
12. Questions and Notices. Questions concerning the use of the Sites should be directed to Feedback. Notices to CareerBuilder should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as CareerBuilder reasonably determines is an appropriate address for you.
13. General. CareerBuilder contact information is listed on the Sites. CareerBuilder makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access CareerBuilder from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and CareerBuilder is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by CareerBuilder in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and CareerBuilder.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.