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Careerunleashed Terms of Use
Welcome to Careerunleashed developed by dRecruits. The web site for Careerunleashed is located at www.Careerunleashed.com. The following terms of use will be in place for Careerunleashed application and is a legal contract between you, either an individual subscriber, customer, member, or user and dRecruits regarding your use of the Careerunleashed web application. Please read carefully the following terms of use. By registering for processing, browsing or using Careerunleashed.com, you acknowledge you have read, understood and agree to be bound by the following terms and conditions., including any additional policies and future modifications, collectively known as the terms. If at any time you disagree with terms, you should terminate use of Careerunleashed.com.
Eligibility
Careerunleashed.com is not available to persons under the age of 16 or to any users previously suspended or removed from the Careerunleashed web application by dRecruits.
By accepting these terms, or by using Careerunleashed application, you represent that you are at least 16 years of age and have not been previously suspended or removed from the service.
Modification of these Terms; Modification of Fees
dRecruits reserves the right to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to Careerunleashed application. Please check these Terms and any Policies periodically for changes. Your continued use of Careerunleashed after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on Careerunleashed application.
Certain functions on Careerunleashed application have fees associated with them. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. dRecruits may choose to temporarily change the fees for Careerunleashed services for promotional events or new services, and such changes are immediately effective when dRecruits posts the temporary promotional event or new service on Careerunleashed Service. Any changes to fees for Careerunleashed that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on Careerunleashed application website. Unless otherwise stated, all fees are quoted in U.S. Dollars.
1. Digital Millennium Copyright Act
It is dRecruits policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to dRecruits DMCA Notification Guidelines. dRecruits reserves the right to terminate without notice any User's access to Careerunleashed application if that User is determined by dRecruits to be a "repeat infringer." In addition, dRecruits accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
2. Careerunleashed Service License Grant
- License Grant to Use
Subject to Your compliance with the terms and conditions set out in these Terms, dRecruits hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use Careerunleashed application as contemplated herein for personal, noncommercial uses.
- Prevention of Unauthorized Use
dRecruits reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Careerunleashed application, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
3. Uploaded Submissions License Grant
Careerunleashed application allows users to upload content. You are solely responsible for your uploaded submissions and the consequences of posting or publishing them. By uploading and publishing your uploaded information, you affirm, represent, and warrant that:
1. You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use said content.
2. Your uploaded content do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and
3. Your uploaded content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. dRecruits reserves all rights and remedies against any users who violate these Terms.
4. Prohibited Conduct
BY USING CAREERUNLEASHED application SERVICE YOU AGREE NOT TO:
Use Careerunleashed application for any purposes other than the intended purpose as it relates to career and job search management.
Post, upload, or distribute any defamatory, libelous, or inaccurate content.
Post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Careerunleashed application accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via Careerunleashed application, or perform any other similar fraudulent activity.
Delete indications or notices regarding the copyright or other proprietary rights on Careerunleashed application or any third party content.
Use Careerunleashed application for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy. Defame, harass, abuse, threaten or defraud Users of Careerunleashed application, or collect, or attempt to collect, personal information about users or third parties without their consent, or, except as expressly authorized herein, use the content on Careerunleashed application for any commercial use, it being understood that, other than as expressly stated herein, the content available on Careerunleashed application is for personal, non-commercial use only.
Use Careerunleashed application if You are under the age of sixteen (16) years old.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of Careerunleashed application or uploaded submissions, features that prevent or restrict use or copying of any content accessible through Careerunleashed application, or features that enforce limitations on the use of Careerunleashed application or uploaded submissions.
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Careerunleashed application or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Modify, adapt, translate or create derivative works based upon Careerunleashed application or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. Account
When you use Careerunleashed application, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information provided to Careerunleashed application on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify dRecruits. You may be liable for the losses incurred by dRecruits or others due to any unauthorized use of your Careerunleashed application account.
6. Third-Party Sites, Products and Services; Links.
Careerunleashed application may include links or references to other web sites or services solely as a convenience to users. dRecruits does not endorse any such web sites or the information, materials, products, or services contained on or accessible through said sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Careerunleashed application are solely between you and such advertiser. Access and use of these web sites, including the information, materials, products, and services on or available through these web sites is solely at your own risk.
7. Termination; Terms of Use Violations
You agree that dRecruits, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) You may have with Careerunleashed application or your use of Careerunleashed application and remove and discard all or any part of your account, user profile, and any uploaded submission, at any time. dRecruits may also in its sole discretion and at any time discontinue providing access to Careerunleashed application, or any part thereof, with or without notice. You agree that any termination or suspension of your access to Careerunleashed application or any account you may have or portion thereof may be effected without prior notice, and you agree that dRecruits will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies dRecruits may have at law or in equity. As discussed herein, dRecruits does not permit copyright infringing activities on Careerunleashed application, and shall be permitted to terminate access to Careerunleashed application, and remove all uploaded submissions or other content submitted by any users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with Careerunleashed application, any term mentioned herein, any policy or practice of dRecruits in operating Careerunleashed application, or any content or information transmitted through Careerunleashed application, is to terminate these terms and your account. You may terminate these Terms at any time by discontinuing use of any and all parts of Careerunleashed application and providing dRecruits written notice at the address below.
Ownership; Proprietary Rights
Careerunleashed application is owned and operated by dRecruits. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements (“Materials”) of Careerunleashed application provided by dRecruits are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any uploaded submissions that are provided and owned by users, all “materials” contained on Careerunleashed application are the property of dRecruits or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to dRecruits or its affiliates and/or third-party licensors. Except as expressly authorized by dRecruits, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the “materials”. dRecruits reserves all rights not expressly granted in these Terms.
8. Indemnification
You agree to indemnify and hold dRecruits, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Careerunleashed application, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. dRecruits reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify dRecruits, and you agree to cooperate with dRecruits defense of these claims. dRecruits will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
9. Disclaimers
You acknowledge that CAREERUNLEASHED application is provided as a platform and accordingly, dRecruits not participate in the hiring process. No advice or information, oral or written, obtained by you from dRecruits or through Careerunleashed application will create any warranty not expressly stated herein.
"As is" and "As available" and "With All Faults".
You expressly agree that the use of Careerunleashed application is at your sole risk. Careerunleashed application and any data, information, third party software, reference sites, service or applications made available in conjunction with or through Careerunleashed application are provided on an as is and as available with all faults basis. (Without warranty or representations express or implied).
10. Miscellaneous
Notice
dRecruits may provide You with notices, including those regarding changes to Careerunleashed application terms and conditions, by email, regular mail or postings on Careerunleashed application. Notice will be deemed given twenty-four hours after email is sent, unless dRecruits is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by You through Careerunleashed application. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Careerunleashed application is deemed given 30 days following the initial posting.
a. Waiver
The failure of dRecruits to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by dRecruits.
b. Governing Law; Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties agree that the federal and state courts residing in Sacramento County, California will have exclusive jurisdiction over these Terms.
c. Dispute Resolution
If a dispute arises between you and dRecruits, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and dRecruits agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as dRecruits and you otherwise agree in writing. Before resorting to these alternatives, dRecruits strongly encourages you to first contact dRecruits directly to seek a resolution. dRecruits will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Choice of Law; Forum
These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against dRecruits must be resolved by a state or federal court located in Sacramento County, California, except as otherwise agreed by the parties or as described in the Arbitration Option subsection below. You agree to submit to the personal jurisdiction of the courts located within Sacramento County, California for the purpose of litigating all such claims or disputes.
i. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, arising out of or in connection with or with respect to this Agreement or any breach thereof, such dispute shall be determined and settled by arbitration in Sacramento, California, in accordance with the rules of the American Arbitration Association ("AAA"). The award rendered thereon by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. You understand that, in the absence of this provision, you would have had a right to litigate disputes through court and that you have expressly and knowingly waived those rights and agreed to resolve any disputes where the total amount of the award sought is less than $10,000 through binding arbitration in accordance with the provisions of this paragraph.
ii. Improperly Filed Claims
All claims You bring against dRecruits must be resolved in accordance with this Section 19(d)(iii) All claims filed or brought contrary to this Section 19(d)(iii) shall be considered improperly filed. Should You file a claim contrary to this Section 19(d)(iii), dRecruits may recover attorneys' fees and costs up to $1000, provided that dRecruits has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
d. Severability
If any provision of these Terms or any Policies is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
e. Assignment
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by dRecruits without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
f. Survival
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
g. Disclosures
The services are offered by dRecruits. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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