CareerElement.com Terms and Conditions
These Terms constitute a binding agreement between You and CareerElement and are deemed accepted by You each time that You use or access any CareerElement Services or website. If You do not accept the Terms stated here, do not use the CareerElement Services or website.
CareerElement may revise these Terms at any time by posting an updated version to this Web page. 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 CareerElement Sites suspended or terminated, at CareerElement's discretion.
User Content and Information
All content regarding user profiles, job descriptions, or otherwise created by persons not affiliated with CareerElement.com has been created by people over whom CareerElement has no control. CareerElement assumes no responsibility over the content, websites, etc. that may be found within a user profile or job description found on CareerElement.com and in turn is the sole responsibility of the person from which the user content originated.
CareerElement has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, CareerElement 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 CareerElement. CareerElement reserves the right to expel Users and prevent their further access to CareerElement for violating the Terms or applicable laws, rules or regulations. CareerElement 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 CareerElement or damage CareerElement's brand or public image.
CareerElement does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other 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.
Users may not include in their User Content any direct solicitation, advertisement, or recruitment for services outside of those permitted within the CareerElement Terms and Conditions or otherwise negotiated directly with CareerElement.
All user information submitted to CareerElement will be used in accordance to our Privacy Policy. By creating a User Profile you guarantee that the profile contains truthful information about yourself, and does not represent anyone other than the person creating the account. You also represent that you have the right to publish, share, and use the information and content contained in your Profile without violation of copyright, trademark, or any other applicable law.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, CareerElement may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. CareerElement has no liability or responsibility to Users for performance or nonperformance of such activities.
Use of CareerElement.com
CareerElement is intended to be used as a site to connect jobseekers with job opportunities. You may use the Sites only for lawful purposes within the stated context of CareerElement's intended and acceptable use of the Sites. CareerElement is the sole interpreter of the Site's intended and acceptable use.
The content of CareerElement.com and the materials of CareerElement are the sole property of CareerElement and are protected by United States and foreign intellectual property and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, CareerElement reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or CareerElement Materials, or use them in any other way for public or commercial purpose. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original CareerElement Content on any authorized copy You make of the CareerElement Content.
CareerElement grants to users a limited, terminable, non-exclusive right to access and use the Sites only for your use within the scope of these Terms and the intended and acceptable use of the CareerElement site and materials as interpreted by CareerElement. This authorizes you to view and download a single copy of the material on the Sites solely for your 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. CareerElement reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and all applicable laws.
Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify CareerElement immediately of any unauthorized use of your registration and password.
Users are prohibited from violating or attempting to violate the security of the Sites. In addition, you may not delete or revise any material posted by any other person or entity. Violations of system or network security may result in civil and/or criminal liability. CareerElement 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.
Limited Liability of CareerElement
CareerElement acts as a venue to assist jobseekers in the pursuit of job opportunities with the creation of User Profiles and allowing job searches and does not screen or censor the listings, including Profiles offered. Because User authentication on the Internet is difficult, CareerElement cannot and does not confirm that each User is who they claim to be. CareerElement makes no representations about any Profile or User content on the CareerElement site. CareerElement 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 would create liability for CareerElement, damage CareerElement's brand or public image, or causer CareerElement to lose the services of its ISPs or other suppliers. While CareerElement reserves the right to remove User Content from the site at any time, CareerElement does not assume any obligation to do so and disclaims and liability for failing to take any action.
CareerElement.com contains links to third party sites, including all job postings searchable via the CareerElement website. These links are provides solely as a convenience to the user and in no is an endorsement by CareerElement of the content or purpose of the sites. Nor is CareerElement responsible for the content of the third party sites and does not make any representations regarding the content of the sites. You may link to the third party sites at your own risk.
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."
CareerElement cannot guarantee and does not promise any specific results from use of CareerElement. No advice or information, whether oral or written, obtained by a User from CareerElement through or from CareerElement.com shall create any warranty not expressly stated herein.
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.
IN NO EVENT SHALL CAREERELEMENT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, 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 CAREERELEMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
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 CAREERELEMENT'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.
IN NO EVENT SHALL CAREERELEMENT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $100.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH CAREERELEMENT, THE AMOUNTS ACTUALLY PAID BY YOU TO CAREERELEMENT UNDER THIS AGREEMENT IF GREATER THAN US $100.00).
Disclaimer of Warranties
THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CAREERELEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CAREERELEMENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
CAREERELEMENT DOES NOT WARRANT THAT CAREERELEMENT.COM WILL OPERATE ERROR-FREE OR THAT CAREERELEMENT.COM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF CAREERELEMENT.COM RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREERELEMENT IS NOT RESPONSIBLE FOR THOSE COSTS.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CareerElement infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CareerElement to locate the material on the site;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General
These Terms and Conditions are governed by the law of the state of California, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect ot he subject matter contained within and supersedes and replaces all prior or contemporaneous agreements regarding the subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by CareerElement.
CareerElement may change these terms at any time, for any reason without notice and reserves the right to do so.
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