In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this Agreement. All such guidelines or rules are hereby incorporated by reference into this Agreement.
Please read this Agreement carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, do not access or use the Website.
a. CareerSonar provides an online platform for users to identify employment opportunities at companies in their social and professional networks.
b. CareerSonar has the right (though not the obligation) to, in CareerSonar’s sole discretion (i) refuse or remove any content that, in CareerSonar’s reasonable opinion, violates any CareerSonar policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CareerSonar’s sole discretion.
c. CareerSonar may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time and without notice to you. Under no circumstance will CareerSonar be liable for any such change, modification, suspension, improvement or discontinuance.
2. Eligibility. The Website is not intended for users who are under thirteen (13) years of age.
4. Responsibility of Website Visitors. CareerSonar has not reviewed, and cannot review, all of the material posted to the Website by third parties, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CareerSonar does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may include content containing technical inaccuracies, typographical mistakes, and other errors. CareerSonar disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Website links (including but not limited to Facebook.com, LinkedIn.com, Indeed.com and SimplyHired.com), or that link to the Website. CareerSonar does not have any control over those third party websites, and is not responsible for their contents or their use. By linking to a third party website, CareerSonar does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CareerSonar disclaims any responsibility for any harm resulting from your use of third party websites.
6. Copyright Infringement and DMCA Policy. As CareerSonar asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify CareerSonar in accordance with the Digital Millennium Copyright Act (“DMCA”) by sending a notice to CareerSonar at firstname.lastname@example.org. CareerSonar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. To be effective, your email must include: (i) a description of the location of the objectionable material sufficiently detailed to allow CareerSonar to reasonably locate the suspected violation; (ii) a detailed explanation of the suspected violation; and (iii) a statement under penalty of perjury that by submitting such email you represent and warrant that the information set forth in such email is true and correct, and that you are the copyright owner or are authorized to act on its behalf.
7. Intellectual Property. This Agreement does not transfer from CareerSonar to you any CareerSonar or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CareerSonar. CareerSonar’s trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of CareerSonar or CareerSonar’s licensors. All other trademarks, service marks, graphics and logos used in connection with the Website are property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any CareerSonar or third-party trademarks. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
8. Changes. CareerSonar expressly reserves the right, at its sole discretion, to modify or replace any part of this Agreement from time to time without notice to you. The most current version is available online at http://www.careersonar.com/terms-of-use. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of and agreement to such changes. CareerSonar may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination and Survival. CareerSonar may in its sole discretion terminate or suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. CareerSonar and its partners, agents, affiliates, suppliers and licensors (“Affiliates”) hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CareerSonar nor its Affiliates, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will CareerSonar or its Affiliates be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, punitive, incidental, indirect or consequential damages; (ii) any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site;. CareerSonar shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Unsolicited Ideas. By submitting unsolicited comments and ideas to CareerSonar, you assign and agree to assign all rights, title and interest you have in such comments and ideas to CareerSonar.
14. Indemnification. You agree to defend, indemnify and hold harmless CareerSonar, its Affiliates, and their respective directors, officers, employees and agents from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, arising out of your access to or use of the Website, including but not limited to your violation of this Agreement.
15. International Use. Although the Website may be accessible worldwide, CareerSonar makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
16. Miscellaneous. These terms and conditions constitute the entire agreement and understanding between CareerSonar and you concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter, and may only be modified by a written amendment signed by an authorized executive of CareerSonar, or by the posting by CareerSonar of a revised version. Except to the extent applicable law, if any, provides otherwise, all matters relating to this Agreement and the access to or use of the Website will be governed by the laws of the state of New York, USA, without regard to its conflicts of laws provisions, and any disputes arising out of or relating to any of the same will be decided exclusively by the state and federal courts located in New York City, New York. Except for claims for injunctive or equitable relief, any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. Any cause of action brought by you against CareerSonar or its Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party; CareerSonar may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.