Terms of Use
These Terms of Use were updated effective February 2016.
Understanding your rights and responsibilities as a
24x7Careers user
Privacy Reminder
Protect your personal information by never providing social
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Terms of Use
This page states the Terms of Use ("Terms") under
which you ("You") may use the 24x7Careers Sites and the Services
(each as defined below). These Terms include the 24x7Careers Privacy Policy,
which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and
24x7Careers, Inc. or the 24x7Careers company operating the Web site for the
country in which You live or in which business is headquartered (“24x7Careers”),
and are deemed accepted by You each time that You use or access any 24x7Careers
Site or 24x7Careers Services. If You do not accept the Terms stated here, do
not use the 24x7Careers Sites and the 24x7Careers Services.
The 24x7Careers Sites are defined as any Web sites under
24x7Careers’s control, whether partial or otherwise (including, without
limitation, 24x7Careers.com, ProActRecruitment.com and the Web site from which
these terms of use were accessed from) and include the 24x7Careers Services.
The 24x7Careers Services are defined as the applications and services offered
by 24x7Careers, including an on-line service to post, search and apply to
employment opportunities and including any application accessed through the any
Platform and/or any mobile or other interface that allows You to access such
application (collectively, “24x7Careers Services”). The 24x7Careers Sites may
also include on-line communities and communication tools designed to facilitate
valuable professional and personal networking (“24x7Careers Networking”) among
users of the 24x7Careers Sites (“Users”) . The 24x7Careers Sites also allow
Users to create individual profiles, which may include personal information
(”Profiles”), and to make these Profiles, or aspects thereof, public. In addition, 24x7Careers may collect
information about You from publicly-available websites and may use this
information to create a Profile or append it to an existing Profile.
24x7Careers may revise these Terms at any time by posting an
updated version 24X7Careers.com/termsofusupdates. You should visit this page
periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use
of the 24x7Careers Sites suspended or terminated, at 24x7Careers’s discretion.
You must be 13 years of age or older to visit or use any
24x7Careers Site in any manner, and, if under the age of 18 or the age of
majority as that is defined in Your jurisdiction, must use any 24x7Careers Site
under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the 24x7Careers Content or Profiles to
determine a consumer's eligibility for: (a) credit or insurance for personal,
family, or household purposes; (b) employment; or (c) a government license or
benefit.
1. Use of 24x7Careers Content.
24x7Careers authorizes You, subject to these Terms, to
access and use the 24x7Careers Sites and the 24x7Careers Content (as defined
below) and to download and print a single copy of the content available on or
from the 24x7Careers Sites solely for Your personal, non-commercial use. The
contents of the 24x7Careers Sites, such as designs, text, graphics, images,
video, information, logos, button icons, software, audio files and other
24x7Careers content (collectively, "24x7Careers Content"), are
protected under copyright, trademark and other laws. All 24x7Careers Content is
the property of 24x7Careers or its licensors. The compilation (meaning the
collection, arrangement and assembly) of all content on the 24x7Careers Sites
is the exclusive property of 24x7Careers and is protected by copyright,
trademark, and other laws. Unauthorized use of the 24x7Careers Content may
violate these laws and/or applicable communications regulations and statutes,
and is strictly prohibited. You must preserve all copyright, trademark, service
mark and other proprietary notices contained in the original 24x7Careers
Content on any authorized copy You make of the 24x7Careers Content.
Any code that 24x7Careers creates to generate or display any
24x7Careers Content or the pages making up any 24x7Careers Site is also
protected by 24x7Careers's copyright and You may not copy or adapt such code.
You agree not to sell or modify the 24x7Careers Content or
reproduce, display, publicly perform, distribute, or otherwise use the
24x7Careers Content in any way for any public or commercial purpose, in
connection with products or services that are not those of the 24x7Careers
Sites, in any other manner that is likely to cause confusion among consumers,
that disparages or discredits 24x7Careers or its licensors, that dilutes the
strength of 24x7Careers's or its licensor’s property, or that otherwise
infringes 24x7Careers's or its licensor’s intellectual property rights. You
further agree to in no other way misuse 24x7Careers Content. The use of the
24x7Careers Content on any other application, web site or in a networked
computer environment for any purpose is prohibited. Any code that 24x7Careers
creates to generate or display any 24x7Careers Content or the pages making up
any Application or Service is also protected by 24x7Careers's copyright and you
may not copy or adapt such code.
2. Use of the 24x7Careers Services.
The job application, job posting, resume database
(“24x7Careers Resume Database”) and other features of the 24x7Careers Sites may
be used only by individuals seeking employment and/or career information and by
employers seeking employees. In addition, 24x7Careers Networking and Profiles
may be used by individuals for permitted professional and personal networking
purposes. Your use of the 24x7Careers Services is also subject to any other
contracts You may have with 24x7Careers. In the case of any conflict between
these Terms and any contract you have with 24x7Careers, the terms of your contract
will prevail. The term “post” as used herein shall mean information that You
submit, publish or display on a 24x7Careers Site.
You are responsible for maintaining the confidentiality of
Your account, Profile and passwords, as applicable. You may not share Your
password or other account access information with any other party, temporarily
or permanently, and You shall be responsible for all uses of Your 24x7Careers
Site registrations and passwords, whether or not authorized by You. You agree
to immediately notify 24x7Careers of any unauthorized use of Your account,
Profile, or passwords.
All 24x7Careers Users agree to not:
(a) transmit, post, distribute, store or destroy material,
including without limitation 24x7Careers Content, in violation of any applicable
law or regulation, including but not limited to laws or regulations governing
the collection, processing, or transfer of personal information, or in breach
of 24x7Careers’s privacy policy;
(b) take any action that imposes an unreasonable or
disproportionately large load on any 24x7Careers Site's infrastructure;
(c) use any device to navigate or search any 24x7Careers
Site other than the tools available on the Site, generally available third
party web browsers, or other tools approved by 24x7Careers;
(d) use any data mining, robots or similar data gathering or
extraction methods;
(e) violate or attempt to violate the security of any
24x7Careers Site including attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization;
(f) forge any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any
24x7Careers Site;
(h) aggregate, copy or
duplicate in any manner any of the 24x7Careers Content or information available
from any 24x7Careers Site, including expired job postings, other than as
permitted by these Terms;
(i) frame or link to
any 24x7Careers Content or information available from any 24x7Careers Site,
unless permitted by these Terms;
(j) post any content
or material that promotes or endorses false or misleading information or
illegal activities, or endorses or provides instructional information about
illegal activities or other activities prohibited by these Terms, such as
making or buying illegal weapons, violating someone's privacy, providing or
creating computer viruses or pirating media;
(k) post any resume
or Profile or apply for any job on behalf of another party;
(l) defer any contact
from an employer to any agent, agency, or other third party;
(m) set more than one
copy of the same resume to public at any one time;
(n) share with a
third party any login credentials to any 24x7Careers Site;
(o) access data not
intended for You or logging into a server or account which You are not
authorized to access;
(p) post or submit to
any 24x7Careers Site any incomplete, false or inaccurate biographical
information or information which is not Your own;
(q) post content that
contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords
or personally identifiable information from other Users;
(s) delete or alter
any material posted by any other person or entity;
(t) harass, incite
harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited
mail or email, make unsolicited phone calls or send unsolicited faxes promoting
and/or advertising products or services to any User, or contact any users that
have specifically requested not to be contacted by You;
(v) attempt to
interfere with service to any User, host or network, including, without
limitation, via means of submitting a virus to any 24x7Careers Site,
overloading, "flooding", "spamming",
"mailbombing" or "crashing";
(w) promote or
endorse an illegal or unauthorized copy of another person's copyrighted work,
such by as providing or making available pirated computer programs or links to
them, providing or making available information to circumvent
manufacture-installed copy-protect devices, or providing or making available
pirated music or other media or links to pirated music or other media files; or
(x) use the
24x7Careers Services for any unlawful purpose or any illegal activity, or post
or submit any content, resume, or job posting that is defamatory, libelous,
implicitly or explicitly offensive, vulgar, obscene, threatening, abusive,
hateful, racist, discriminatory, of a menacing character or likely to cause
annoyance, inconvenience, embarrassment, anxiety or could cause harassment to
any person or include any links to pornographic, indecent or sexually explicit
material of any kind, as determined by 24x7Careers’s discretion.
Violations of system or network security may result in civil
and/or criminal liability. 24x7Careers 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.
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on
24x7Careers Sites. 24x7Careers is not to be considered to be an employer with
respect to Your use of any 24x7Careers Site and 24x7Careers shall not be
responsible for any employment decisions, for whatever reason, made by any
entity posting jobs on any 24x7Careers Site.
You understand and acknowledge that if You cancel Your
employer account or Your employer account is terminated, all Your account
information from 24x7Careers, including saved resumes, network contacts, and
email mailing lists, will be marked as deleted in and may be deleted from
24x7Careers's databases. Information may continue to be available for some
period of time because of delays in propagating such deletion through
24x7Careers’s web servers.
In order to protect our 24x7Careers Users from commercial
advertising or solicitation, 24x7Careers reserves the right to restrict the
number of e-mails which an employer may send to Users to a number which
24x7Careers deems appropriate in its sole discretion. You shall use the
24x7Careers Networking and Profiles in accordance with all applicable privacy
and data protection laws.
Job postings
A Job posting may not contain:
(a) any hyperlinks,
other than those specifically authorized by 24x7Careers;
(b) misleading,
unreadable, or "hidden" keywords, repeated keywords or keywords that
are irrelevant to the job opportunity being presented, as determined in
24x7Careers’s reasonable discretion;
(c) the names, logos
or trademarks of unaffiliated companies other than those of your customer save
where expressly agreed by 24x7Careers;
(d) the names of
colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job
or job description, more than one location, or more than one job category,
unless the product so allows;
(f) inaccurate,
false, or misleading information; and
(g) material or links
to material that exploits people in a sexual, violent or other manner, or
solicits personal information from anyone under 18.
You may not use Your 24x7Careers job posting, 24x7Careers
Networking, or Profiles to:
(a) post jobs in a
manner that does not comply with applicable local, national and international
laws, including but not limited to laws relating to labor and employment, equal
employment opportunity and employment eligibility requirements, data privacy,
data access and use, and intellectual property;
(b) post jobs that
require citizenship of any particular country or lawful permanent residence in
a country as a condition of employment, unless otherwise required in order to
comply with law, regulations, executive order, or federal, state or local
government contract;
(c) post jobs that
include any screening requirement or criterion in connection with a job posting
where such requirement or criterion is not an actual and legal requirement of
the posted job;
(d) with respect to
Profiles, determine a consumer's eligibility for: (i) credit or insurance for
person, family, or household purposes; (ii) employment; or (iii) a government
license of benefit.
(e)post jobs or other
advertisements for competitors of 24x7Careers or post jobs or other content
that contains links to any site competitive with 24x7Careers;
(f) sell, promote or
advertise products or services;
(g) post any
franchise, pyramid scheme, "club membership", distributorship,
multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business
opportunity that requires an up front or periodic payment or requires
recruitment of other members, sub-distributors or sub-agents;
(i) post any business
opportunity that pays commission only unless the posting clearly states that
the available job pays commission only and clearly describes the product or service
that the job seeker would be selling;
(j) promote any
opportunity that does not represent bona fide employment which is generally
indicated by the employer’s use of IRS forms W-2 or 1099;
(k) post jobs on any
24x7Careers Site for modeling, acting, talent or entertainment agencies or
talent scouting positions;
(l) advertise sexual
services or seek employees for jobs of a sexual nature;
(m) request the use
of human body parts or the donation of human parts, including, without
limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a
particular political party, political agenda, political position or issue;
(o) promote a
particular religion;
(p) post jobs located
in countries subject to economic sanctions of the United States Government; and
(q) except where
allowed by applicable law, post jobs which require the applicant to provide
information relating to his/her (i) racial or ethnic origin (ii) political
beliefs (iii) philosophical or religious beliefs (iv) membership of a trade
union (v) physical or mental health (vi) sexual life (vii) the commission of
criminal offences or proceedings or (vii) age.
24x7Careers reserves the right to remove any job posting or
content from any 24x7Careers Site, which in the reasonable exercise of
24x7Careers’s discretion, does not comply with the above Terms, or if any
content is posted that 24x7Careers believes is not in the best interest of
24x7Careers.
If at any time during Your use of the 24x7Careers Services,
You made a misrepresentation of fact to 24x7Careers or otherwise misled
24x7Careers in regards to the nature of Your business activities, 24x7Careers
will have grounds to terminate Your use of the 24x7Careers Services.
Resume Database
Use of the 24x7Careers Resume Database by Employers
You shall use the 24x7Careers Resume Database as provided in
these Terms and in any contract You have with 24x7Careers. You shall use the
24x7Careers Resume Database in accordance with all applicable privacy and data
protection laws, and You agree You shall not further disclose any of the data
from 24x7Careers Resume Database to any third party, unless You are an
authorized recruitment agency, staffing agency, advertising or other agency or
using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and
administrative measures to protect the data You have obtained from 24x7Careers
Resume Database from loss, misuse, unauthorized access, disclosure, alteration
or destruction. You shall not share Resume Database seat-based license login
credentials with any other party, nor share Resume Database pay-per-view
license login credentials with any party.
The 24x7Careers Resume Database shall not be used:
(a) for any purpose
other than as an employer seeking employees, including but not limited to
advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send
unsolicited mail, email, or newsletters to resume holders or to contact any
individual unless they have agreed to be contacted (where consent is required
or, if express consent is not required, who has not informed you that they do
not want to be contacted); or
(c) to source
candidates or to contact job seekers or resume holders in regards to career
fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all
of our customers, 24x7Careers reserves the right to limit the amount of data
(including resume views) that may be accessed by You in any given time period.
These limits may be amended in 24x7Careers’s sole discretion from time to time.
4. Additional terms applicable to Job Seekers.
When You register with any 24x7Careers Site, You will be
asked to create an account and provide 24x7Careers with certain information
including, without limitation, a valid email address (Your
"Information").
Any Profile You submit must be accurate and describe You, an
individual person. The Profile requires standard fields to be completed and you
may not include in these fields any telephone numbers, street addresses, email
addresses or other means of contacting You, other than Your last name and URLs.
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 24x7Careers Sites.
24x7Careers 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 or you have agreed to receive, such
offers may be made by 24x7Careers or by third parties. Please see 24x7Careers's
Privacy Policy, for further details regarding Your Information.
You understand and acknowledge that You have no ownership
rights in Your account and that if You cancel Your 24x7Careers account or Your
24x7Careers account is terminated, all Your account information from
24x7Careers, including resumes, Profiles, cover letters, saved jobs,
questionnaires will be marked as deleted in and may be deleted from
24x7Careers's databases and will be removed from any public area of the
24x7Careers Sites. Information may continue to be available for some period of
time because of delays in propagating such deletion through 24x7Careers’s web
servers. In addition, third parties may retain saved copies of Your
Information.
24x7Careers reserves the right to delete Your account and
all of Your Information after a significant duration of inactivity and such
duration shall be at the sole discretion of 24X7Careers.
5. User Content and Submissions.
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, advertisements, messages or other
materials submitted, posted or displayed by You on or through a 24x7Careers
Site ("User Content") is the sole responsibility of the person from
which such User Content originated. 24x7Careers claims no ownership or control
over any User Content. You or a third party licensor, as appropriate, retain
all patent, trademark and copyright to any User Content you submit, post or
display on or through 24x7Careers and you are responsible for protecting those
rights, as appropriate. By submitting, posting or displaying User Content on or
through 24x7Careers, you grant 24x7Careers a worldwide, non-exclusive,
royalty-free, transferable, sub-licensable license to use, reproduce, adapt,
distribute and publish such User Content through 24x7Careers. In addition, by
submitting, posting or displaying User Content which is intended to be
available to the general public, you grant 24x7Careers a worldwide,
non-exclusive, royalty-free license to reproduce, adapt, distribute and publish
such User Content for the purpose of promoting 24x7Careers and its services.
24x7Careers will discontinue this licensed use within a commercially reasonable
period after such User Content is removed from 24x7Careers. 24x7Careers
reserves the right to refuse to accept, post, display or transmit any User
Content in its sole discretion.
You also represent and warrant that You have the right to
grant, or that the holder of any rights, including moral rights in such content
has completely and effectively waived all such rights and validly and
irrevocably granted to You the right to grant, the license stated above. If You
post User Content in any public area of any 24x7Careers Site, You also permit
any User to access, display, view, store and reproduce such User Content for
personal use. Subject to the foregoing, the owner of such User Content placed
on any 24x7Careers Site retains any and all rights that may exist in such User
Content. 24x7Careers may review and remove any User Content that, in its sole
judgment, violates these Terms, violates applicable laws, rules or regulations,
is abusive, disruptive, offensive or illegal, or violates the rights of, or
harms or threatens the safety of, Users of any 24x7Careers Site. 24x7Careers
reserves the right to expel Users and prevent their further access to the 24x7Careers
Sites and/or use of 24x7Careers Services for violating the Terms or applicable
laws, rules or regulations. 24x7Careers may take any action with respect to
User Content that it deems necessary or appropriate in its sole discretion if
it believes that such User Content could create liability for 24x7Careers,
damage 24x7Careers’s brand or public image, or cause 24x7Careers to lose Users
or (in whole or in part) the services of its ISPs or other suppliers.
24x7Careers does not represent or guarantee the
truthfulness, accuracy, or reliability of User Content, derivative works from
User Content, or any other communications posted by Users nor does 24x7Careers
endorse any opinions expressed by Users. You acknowledge that any reliance on
material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is
prohibited on the Application. The list below is for illustration only and is
not a complete list of all prohibited User Content.
Content that:
is implicitly or explicitly offensive, such as User Content
that engages in, endorses or promotes racism, bigotry, discrimination, hatred
or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any
group or individual;
involves the transmission of “junk mail”, “chain letters,”
or unsolicited mass mailing, “spamming” or “phishing”;
promotes or endorses false or misleading information or
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
promotes or endorses an illegal or unauthorized copy of
another person's copyrighted work, such as providing or making available
pirated computer programs or links to them, providing or making available
information to circumvent manufacture-installed copy-protect devices, or
providing or making available pirated music or other media or links to pirated
music or other media files;
contains restricted or password only access pages, or hidden
pages or images;
displays or links to pornographic, indecent or sexually
explicit material of any kind;
provides or links to material that exploits people under the
age of 18 in a sexual, violent or other manner, or solicits personal
information from anyone under 18; or
provides instructional information about illegal activities
or other activities prohibited by these Terms, including without limitation,
making or buying illegal weapons, violating someone's privacy, providing or
creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from
other Users.
Any Profile You submit must describe You, an individual
person. Examples of inappropriate and prohibited Profiles include, but are not
limited to, Profiles that purport to represent an animal, place, inanimate object,
fictional character, or real individual that is not You.
You may not include, in any User Content submitted to
24x7Careers Networking, information that may be interpreted as a direct
solicitation, advertisement or recruitment for an available job position
directed to individuals seeking employment on either a full time or part time
basis. In order to protect our 24x7Careers Community Users from commercial
advertising or solicitation, 24x7Careers reserves the right to restrict the
number of e-mails or other messages which a User may send to other Users to a
number which 24x7Careers deems appropriate in its sole discretion.
Profiles derived from User Content may also be made
available through the 24x7Careers Sites. 24x7Careers does not make any representations
regarding the accuracy or validity of such derived works or their
appropriateness for evaluation by employers. Derived Profiles may differ
significantly from User Content.
We appreciate hearing from our Users and welcome Your
comments regarding our services and the 24x7Careers Sites. Please be advised,
however, that our policy does not permit us to accept or consider creative
ideas, suggestions, inventions or materials other than those which we have
specifically requested. While we do value Your feedback on our services, please
be specific in Your comments regarding our services and do not submit creative
ideas, inventions, suggestions, or materials. If, despite our request, You send
us creative suggestions, ideas, drawings, concepts, inventions, or other
information (collectively the "Submission"), the Submission shall be
the property of 24x7Careers. None of the Submission shall be subject to any
obligation of confidentiality on our part and we shall not be liable for any
use or disclosure of any Submission. 24x7Careers shall own exclusively all now
known or later discovered rights to the Submission and shall be entitled to
unrestricted use of the Submission for any purpose whatsoever, commercial or
otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And
Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If you believe that Your copyrighted work or trademark has
been uploaded, posted or copied to any 24x7Careers Site and is accessible on
such 24x7Careers Site in a way that constitutes copyright or trademark
infringement, please contact 24x7Careers by email at DMCALegal@24x7Careers.com
or by regular mail at:
24x7Careers, Inc.
Attn: Legal Department
3140 Neil Armstrong Boulevard, Suite 323
Eagan, MN 55121
Need help with a job seeker issue? Contact us at (651)
686-0097.
7. Policy Regarding Termination Of Users Who Infringe The
Copyright Or Other Intellectual Property Rights Of Others.
24x7Careers respects the intellectual property of others,
and we ask our Users and content partners to do the same. The unauthorized
posting, reproduction, copying, distribution, modification, public display or
public performance of copyrighted works constitutes infringement of the copyright
owners rights. As a condition to Your use of the 24x7Careers Sites, You agree
not to use any 24x7Careers Site to infringe the intellectual property rights of
others in any way. 24x7Careers reserves the right to terminate the accounts of
any Users, and block access to the 24x7Careers Sites of any Users who are
repeat infringers of the copyrights, or other intellectual property rights, of
others. 24x7Careers reserves the right, in its sole discretion, to take these
actions to limit access to the Site and/or terminate the accounts of any time,
in our sole discretion Users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement, with or without
notice, and without any liability to the User who is terminated or to the User
whose access is blocked. Notwithstanding the foregoing, in the event that You
believe in good faith that a notice of copyright infringement has been wrongly
filed against You, please contact 24x7Careers as set forth in Section 6 above.
8. 24x7Careers's Liability.
The 24x7Careers Sites act as, among other things, venues for
(i) employers to post job opportunities and search for and evaluate job
candidates and (ii) candidates to post resumes and Profiles and search for,
evaluate and apply to job opportunities. 24x7Careers does not screen or censor
the listings, including Profiles offered. 24x7Careers is not involved in, and
does not control, the actual transaction between employers and candidates. As a
result, 24x7Careers is not responsible for User Content, 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 and 24x7Careers makes no
representations about any jobs, resumes or User Content on the 24x7Careers
Sites. While 24x7Careers reserves the right in its sole discretion to remove
User Content, job postings, resumes or other material from the 24x7Careers
Sites from time to time, 24x7Careers does not assume any obligation to do so
and to the extent permitted by law, disclaims any liability for failing to take
any such action.
24x7Careers Networking provides a venue for individuals to
network for professional and personal purposes and 24x7Careers does not screen
or censor the Profiles or User Content on the 24x7Careers Sites. 24x7Careers is
not involved in the actual communications between Users. As a result,
24x7Careers has no control over the accuracy, reliability, completeness, or timeliness
of the Profiles or User Content submitted on the 24x7Careers Sites and makes no
representations about any Profile or User Content on the 24x7Careers Sites.
Note that there are risks, including but not limited to the
risk of physical harm, of dealing with strangers, 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 24x7Careers 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 the 24x7Careers Sites.
Because User authentication on the Internet is difficult,
24x7Careers 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 24x7Careers Site, in the event that You
have a dispute with one or more Users, You release 24x7Careers (and our agents
and employees) 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 to the fullest extent permitted by law.
The 24x7Careers Sites and the 24x7Careers Content may
contain inaccuracies or typographical errors. 24x7Careers makes no
representations about the accuracy, reliability, completeness, or timeliness of
any 24x7Careers Site or the 24x7Careers Content. The use of all 24x7Careers
Sites and the 24x7Careers Content is at Your own risk. Changes are periodically
made to 24x7Careers Sites and may be made at any time. 24x7Careers cannot guarantee
and does not promise any specific results from use of any 24x7Careers Site. No
advice or information, whether oral or written, obtained by a User from
24x7Careers or through or from any 24x7Careers Site shall create any warranty
not expressly stated herein.
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."
24x7Careers encourages You to keep a back-up copy of any of
Your User Content. To the extent permitted by law, in no event shall
24x7Careers be liable for the deletion, loss, or unauthorized modification of
any User Content.
24x7Careers does not provide or make any representation as
to the quality or nature of any of the third party products or services
purchased through any 24x7Careers Site, or any other representation, warranty
or guaranty. Any such undertaking, representation, warranty or guaranty would
be furnished solely by the provider of such third party products or services,
under the terms agreed to by the provider.
If You believe that something on the Site violates these
Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which
allegedly do not conform to these Terms, 24x7Careers may in its sole discretion
investigate the allegation and determine whether to remove or request the
removal of the content. 24x7Careers has no liability or responsibility to Users
for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, 24X7CAREERS DOES NOT
WARRANT THAT ANY 24X7CAREERS SITE OR ANY 24X7CAREERS SERVICES WILL OPERATE
ERROR-FREE OR THAT ANY 24X7CAREERS SITE AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY 24X7CAREERS SITE OR THE
24X7CAREERS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA OR ANY OTHER COSTS, 24X7CAREERS IS NOT RESPONSIBLE FOR THOSE COSTS. THE
24X7CAREERS SITES AND 24X7CAREERS CONTENT ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 24X7CAREERS, 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. 24X7CAREERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE 24X7CAREERS CONTENT, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL
24X7CAREERS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY 24X7CAREERS
SITE BE LIABLE FOR ANY 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
THE USE OR INABILITY TO USE ANY 24X7CAREERS SITE AND THE 24X7CAREERS CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT 24X7CAREERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, 24X7CAREERS'S MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY 24X7CAREERS SITE OR YOUR USE
OF THE 24X7CAREERS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN
CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The 24x7Careers Sites contain links to third party Web
sites. These links are provided solely as a convenience to You and not as an
endorsement by 24x7Careers of the contents on such third-party Web sites.
24x7Careers 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.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations
under these Terms. You also agree not to make any unauthorized commercial use
of any 24x7Careers Site.
14. Indemnity.
You agree to defend, indemnify, and hold harmless
24x7Careers, its affiliates, and their respective 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 User Content or other material You provide to any
24x7Careers Site, (ii) Your use of any 24x7Careers Content, or (iii) Your
breach of these Terms. 24x7Careers shall provide notice to You promptly of any
such claim, suit, or proceeding.
15. General.
24x7Careers makes no claims or representations that the
24x7Careers Content may be lawfully viewed or accessed outside of the United
States. Access to the 24x7Careers Content may not be legal by certain persons
or in certain countries. If You access any 24x7Careers Site You do so at Your
own risk and are responsible for compliance with the laws of Your jurisdiction.
Any software downloaded from any 24x7Careers Site is further subject to United
States export control laws, and may not be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria or any other country to which the U.S. has embargoed goods
or (ii) to any individual or entity on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny
Orders. By downloading or using such software, You represent and warrant that
You are not located in, under the control of, or a national or resident of any
such country, individual, or entity on any such list.
These Terms 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 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, which shall remain in full
force and effect. No waiver of any term of these Terms shall be deemed a
further or continuing waiver of such term or any other term. In addition,
24x7Careers’s failure to enforce any term of these Terms shall not be deemed as
a waiver of such term or otherwise affect 24x7Careers’s ability to enforce such
term at any point in the future. Except as expressly provided in an additional
agreement, additional Terms for certain areas of the 24x7Careers Sites, a
particular "Legal Notice," or software license or material on
particular pages on the 24x7Careers Sites, these Terms constitute the entire
agreement between You and 24x7Careers with respect to the use of the
24x7Careers Sites. No changes to these Terms shall be made except by a revised
posting on this page.
16. Additional Terms.
Certain areas of the 24x7Careers Sites are subject to
additional Terms. By using such areas, or any part thereof, You agree to be
bound by the additional Terms applicable to such areas. Including but not
limited to Google Maps, Maponics, etc.. Any other use or publication of the
geographic information and maps is not allowed.
17. Mobile Services.
If You use the 24x7Careers Sites through a mobile device,
You agree that information about Your use of the 24x7Careers Sites through Your
mobile device and carrier may be communicated to us, including but not limited
to Your mobile carrier, Your mobile device, or Your physical location. In
addition, use of the 24x7Careers Sites through a mobile device may cause data
to be displayed on and through Your mobile device. By accessing the 24x7Careers
Sites using a mobile device, You represent that to the extent You import any of
Your 24x7Careers data to Your mobile device that You have authority to share
the transferred data with Your mobile carrier or other access provider. In the
event You change or deactivate Your mobile account, You must promptly update
Your 24x7Careers account information to ensure that Your messages are not sent
to the person that acquires Your old number and failure to do so is Your
responsibility. You acknowledge You are responsible for all charges and
necessary permissions related to accessing the 24x7Careers Sites through Your
mobile access provider. Therefore, You should check with Your provider to find
out if the 24x7Careers Sites are available and the terms for these services for
Your specific mobile devices.
By using any downloadable application to enable Your use of
the 24x7Careers Sites, You are explicitly confirming Your acceptance of the
terms of the End User License Agreement associated with the Application
provided at download or installation, or as may be updated from time to time.
18. Term and Termination.
These Terms will remain in full force and effect while You
are a User of any 24x7Careers Site. 24x7Careers reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not limited to
removal of Your User Content from the 24x7Careers Sites and immediate termination
of Your registration with or ability to access the 24x7Careers Sites and/or any
other services provided to You by 24x7Careers, upon any breach by You of these
Terms or if 24x7Careers is unable to verify or authenticate any information You
submit to a 24x7Careers Site registration. Even after You are no longer a User
of the 24x7Careers Sites, certain provisions of these Terms will remain in
effect, including Sections 1, 2, 5, 7 through 16, inclusive.
Update effective February 2016
Summary of Changes – effective February 2016
We’ve revised the Terms of Use to include new communications
tools available on 24x7Careers and the possible collection by 24x7Careers of
information about You from publicly-available websites to create or add to a
Profile on 24x7Careers.