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This page states the "Terms and Conditions" under which
you may use CareerTrip.com. Please read this page
carefully. If you do not accept the Terms and Conditions
stated here, do not use this web site and service. By
using this web site, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions.
CareerTrip, Inc. (the "Company") may revise these Terms
and Conditions at any time by updating this posting. You
should visit this page periodically to review the Terms
and Conditions, because they are binding on you. The
terms "You" and "User" as used herein refer to all
individuals and/or entities accessing this web site for
any reason.
Use
of Web Site Content
The
Company authorizes You to view and access a single copy
of the content available on or from CareerTrip.com (the
"Web Site") solely for your personal, noncommercial use.
The
contents of this Web Site are protected under both
United States and foreign copyright, trademark and other
laws. All Web Site Content is the property of the
Company or its content suppliers or clients. The
compilation of all content on this Web Site is the
exclusive property of the CareerTrip, Inc. and protected
by U.S. and international copyright laws. Unauthorized
use may violate copyright, trademark, and other laws.
Acceptable Site Use
General Rules: Users may not use any CareerTrip site,
pages are servers to facilitate the transmission,
distribution, storage of material in violation of any
applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the
privacy, publicity or other personal rights of others,
or (c) that is defamatory, obscene, threatening, abusive
or hateful.
CareerTrip Site Security Rules
Users are prohibited from violating or attempting to
violate the security of any CareerTrip Site, including,
without limitation, (a) accessing data not intended for
such user or logging into a server or account which the
user is not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures
without proper authorization, (c) attempting to
interfere with service to any user, host or network,
including, without limitation, via means of submitting a
virus to any CareerTrip Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing", or (d) forging
any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Violations of system or network security may result in
civil or criminal liability. The Company will
investigate occurrences which may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are
involved in such violations.
Specific Prohibited Uses
CareerTrip Sites may be used only for lawful purposes by
individuals seeking employment and career information
and employers seeking employees. The Company
specifically prohibits any use of the Site, and all
users agree not to use the Web Site, for any of the
following:
Posting any incomplete, false or inaccurate biographical
information or information which is not your own
accurate resume (living individual seeking employment on
a full-time or part-time basis on his or her own
behalf).
Posting any franchise, pyramid scheme, "club
membership", distributorship or sales representative
agency arrangement or other business opportunity which
requires an up front or periodic payment, pays
commissions only (except for postings that make clear
that the available job pays commission only and clearly
describes the product or service that the job seeker
would be selling, in which case such postings are
permissible), requires recruitment of other members,
sub-distributors or sub-agents.
Using the CareerTrip Resume Database for any purpose
other than as an employer seeking employees, including
but not limited to using the information in the Resume
Database to sell or promote any products or services.
Sending unsolicited mail or e-mail, making unsolicited
phone calls or sending unsolicited faxes regarding
promotions and/or advertising of products or services to
a user of a CareerTrip Site.
Deleting or revising any material posted by any other
person or entity.
Using any device, software or routine to interfere or
attempt to interfere with the proper working of any
CareerTrip Site or any activity being conducted on this
site.
Taking any action which imposes an unreasonable or
disproportionately large load on any CareerTrip Site's
infrastructure.
If
You have a password allowing access to a non-public area
of this Web Site, disclosing to or sharing your password
with any third parties or using your password for any
unauthorized purpose.
Aggregating, copying or duplicating in any manner any of
the Web Site Content or information available from any
CareerTrip Site.
Framing of or linking to any of the Web Site Content or
information available from any CareerTrip Site.
User Information
When You register for the Web Site, You will be asked to
provide the Company with certain information including,
without limitation, a valid email address (your
"Information"). In addition to the terms and conditions
that may be set forth in any privacy policy on this Web
Site, You understand and agree that the Company may
disclose to third parties, on an anonymous basis,
certain aggregate information contained in your
registration application. The Company will not disclose
to any third party your name, address, e-mail address or
telephone number without your prior consent, except to
the extent necessary or appropriate to comply with
applicable laws or in legal proceedings where such
information is relevant. The Company reserves the right
to offer third party services and products to You based
on the preferences that You identify in your
registration and at any time thereafter; such offers may
be made by the Company or by third parties. Please see
the Company's Privacy Policy for further details
regarding your Information.
User Submissions
As
a user, You are responsible for your own communications
and are responsible for the consequences of their
posting. You must not, and by using any CareerTrip Site
You agree not to, do the following things: post material
that is copyrighted, unless You are the copyright owner
or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless You
own them or have the permission of the owner; post
material that infringes on any other intellectual
property rights of others or on the privacy or publicity
rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or
entity; post material that is off-topic on
topic-specific message boards; post a sexually explicit
image or statement; post advertisements or solicitations
of business, post chain letters or pyramid schemes;
impersonate another person; or post material that
contains viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines or
engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate
any system, data or information.
The
Company does not represent or guarantee the
truthfulness, accuracy, or reliability of communications
posted by users or endorse any opinions expressed by
users. You acknowledge that any reliance on material
posted by other users will be at your own risk.
The
Company acts as a passive conduit 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 material posted
by users. If notified by a user of communications which
allegedly do not conform to these Terms and Conditions,
the Company may investigate the allegation and determine
in good faith and its sole discretion whether to remove
or request the removal of the communication. The Company
has no liability or responsibility to users for
performance or nonperformance of such activities. The
Company reserves the right to expel users and prevent
their further access to the Web Site for violating the
Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or
disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may
create liability for the Company or may cause the
Company to lose (in whole or in part) the services of
its ISPs or other suppliers.
Registration and Password
You
are responsible for maintaining the confidentiality of
your information and password. You shall be responsible
for all uses of your registration, whether or not
authorized by You. You agree to immediately notify the
Company of any unauthorized use of your registration or
password.
The
Company's Liability
CareerTrip.com is only a venue. This Web Site acts as a
venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor
the listings offered. The Company is not involved in the
actual transaction between employers and candidates. As
a result, the Company has no control over the quality,
safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of
employers to offer job opportunities to candidates or
the ability of candidates to fill job openings. In
addition, note that there are risks, including but not
limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people
acting under false pretenses. You assume all risks
associated with dealing with other users with whom You
come in contact through the Web Site and/or the other
CareerTrip Sites.
Because user authentication on the Internet is
difficult, the Company cannot and does not confirm that
each user is who they claim to be. Because we do not and
cannot be involved in user-to-user dealings or control
the behavior of participants on any CareerTrip Site, in
the event that You have a dispute with one or more
users, You release the Company (and our agents and
employees) from claims, demands and damages (actual and
consequential, 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. If You are a California
resident, You waive California Civil Code d1542, which
says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his
settlement with the debtor."
We
are under no legal obligation to, and generally do not,
control the information provided by other users which is
made available through the Web Site and/or the other
CareerTrip Sites. By its very nature, other people's
information may be offensive, harmful or inaccurate, and
in some cases will be mislabeled or deceptively labeled.
We
expect that You will use caution and common sense when
using this Web Site and/or the other CareerTrip Sites.
The
Web Site Content may contain inaccuracies or
typographical errors. The Company makes no
representations about the accuracy, reliability,
completeness, or timeliness of any CareerTrip Site or
the Web Site Content. The use of CareerTrip Sites and
the Web Site Content is at your own risk. Changes are
periodically made to CareerTrip Sites and may be made at
any time.
You
acknowledge and agree that You are solely responsible
for the form, content and accuracy of any resume or
material contained therein placed by You on the
CareerTrip Sites. Employers are solely responsible for
their postings on CareerTrip Sites.
The
Company is not to be considered to be an employer with
respect to your use of any CareerTrip Site and the
Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity
posting jobs on any CareerTrip Site.
THE
COMPANY DOES NOT WARRANT THAT ANY CAREERTRIP SITE WILL
OPERATE ERROR-FREE OR THAT ANY CAREERTRIP SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF ANY CAREERTRIP SITE OR THE
WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE CAREERTRIP SITES AND
WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN
NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON ANY CAREERTRIP SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
ANY CAREERTRIP SITE AND THE WEB SITE CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The
Web Site and certain other CareerTrip Sites contain
links to third party web sites. These links are provided
solely as a convenience to You and not as an endorsement
by the Company of the contents on such third-party Web
sites. The Company 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.
No
Resale or Unauthorized Commercial Use
You
agree not to resell or assign your rights or obligations
under these Terms of Use. You also agree not to make any
unauthorized commercial use of any CareerTrip Site.
LIMITATION OF LIABILITY
CAREERTRIP'S MAXIMUM LIABILITY ARISING OUT OF OR IN
CONNECTION WITH ANY CAREERTRIP SITE OR YOUR USE OF THE
WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR
OTHERWISE), WILL NOT EXCEED $100.
Termination
The
Company reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but not
limited to deletion of your postings from this Web Site
and the other CareerTrip Sites and immediate termination
of your registration with or ability to access this Web
Site and the other CareerTrip Sites and/or any other
service provided to You by the Company, upon any breach
by You of these Terms and Conditions or if the Company
is unable to verify or authenticate any information You
submit to the Web Site or other CareerTrip Site
registration.
Indemnity
You
agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents,
from and against any claims, actions or demands,
including without limitation reasonable legal and
accounting fees, alleging or resulting from (i) any
material You provide to a CareerTrip Site, (ii) any Web
Site Content that You use or (iii) your breach of the
terms of these Terms and Conditions. The Company shall
provide notice to You promptly of any such claim, suit,
or proceeding and shall assist You, at your expense, in
defending any such claim, suit or proceeding.
General
The
Company makes no claims that the Web Site Content may be
lawfully viewed or accessed outside of the United
States. Access to the Web Site Content may not be legal
by certain persons or in certain countries. If You
access the Web Site from outside of the United States,
You do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. These
Terms and conditions are governed by the internal
substantive laws of the Commonwealth of Massachusetts,
without respect to its conflict of laws principles.
Jurisdiction for any claims arising under this agreement
shall lie exclusively with the state or federal courts
within Boston, Massachusetts. If any provision of these
Terms and Conditions are found to be invalid by any
court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver
of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or
any other term. Except as expressly provided in
additional terms of use for areas of the Web Site, a
particular "Legal Notice," or Software License or
material on particular Web pages, these Terms and
Conditions constitute the entire agreement between You
and the Company with respect to the use of Web Site. No
changes to these Terms and Conditions shall be made
except by a revised posting on this page.
Additional Terms of Use
Certain areas of this Web Site and the other CareerTrip
Sites are subject to additional terms of use. By using
such areas, or any part thereof, You agree to be bound
by the additional terms of use applicable to such areas.
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