A G R E E M E N T
This agreement (“Agreement”) is a legally binding contract between You (“User”) and CareerThesaurus (“CareerThesaurus”), a New York Delaware corporation which operates a US based web site currently located at www.CareerThesaurus.com. CareerThesaurus may be contacted at the email address listed below, and has a mailing address:
65 15th St
New York, NY 11215
You acknowledge that the purpose of CareerThesaurus is, to the best of its ability, provide personality and career assessment, career statistics and information, as well as job and education postings. CareerThesaurus is the sole interpreter of the fulfillment and scope of its purpose.
- “User” is in reference to any party that uses any part of the CareerThesaurus website.
- “You” is in reference to any party (or party on whose behalf you are acting) that is in agreement with CareerThesaurus’s Terms and Conditions.
- You the User certify and warrant that you have never been convicted of a felony in any jurisdiction, and are not required to register as a sex offender with any Governmental entity.
- Access and use of the service offered by CareerThesaurus is void where prohibited by law, and you the User agree to be solely responsible for compliance with any and all applicable rules, regulations, statutory, or common law, of the jurisdiction in which access to the web site is sought.
- You the User agree to use the service in a manner consistent with all terms of this Agreement, and all local, state, national and international laws, treaties and or regulations promulgated in the jurisdiction in which access to the web site is sought.
- You the User also agree that you are not located in, or under the authority of, and are not a national or a resident of any jurisdiction, and will not allow access to residents of any jurisdiction with which the United States has embargoed goods, or those identified as “specially designated national” by the US Treasury Department, or the US Commerce Department’s Table of Deny Orders.
- You the User also acknowledge that the use of the service requires adequate computer hardware and software.
USE OF THE WEB SITE AND SERVICE
- You the User agree that the use of CareerThesaurus is solely for your personal use and benefit.
- You the User assumes full responsibility for the content they publish on CareerThesaurus. CareerThesaurus is not an employer and therefore is not to be held responsible for any employment related decisions made by any party posting job-positions on the CareerThesaurus website.
- False, Misleading, Illegal and or Inaccurate;
- Defamatory, Threatening, Harassing, Stalking or Abusive;
- Profane, Obscene or Pornographic;
- Violating any person’s or entity’s rights, including intellectual property rights, or rights to privacy and publicity;
- Spam, Solicitation or Advertising;
- Promoting Racism, Bigotry or Hatred towards any class of persons or individuals;
- Promoting any unlawful activity including gambling or similar activity;
- Containing computer viruses, bots, worms, Trojan horses or other malware, or automated technology to access the site or service;
- Any prerecorded video, including looped videos or animated images;
- Any unauthorized collection or scraping of information from the web site;
- CareerThesaurus reserves the right to review, block, restrict and or delete any published content, information, communication, photo, video or any other content which in sole discretion of CareerThesaurus may be in violation of the terms of this Agreement or may violate the rights or be harmful to the service or other users. CareerThesaurus also reserves the right to modify or discontinue, temporarily or permanently, the service or any portion thereof, with or without notice, at the sole discretion of CareerThesaurus. You expressly agree that CareerThesaurus shall not be held liable to you, a third party, or business partner based on any modification, suspension or entire termination of the service.
- CareerThesaurus owns and retains all proprietary information utilized by the service and you the User acknowledge that the web site contains copyrighted materials, trademarks and other intellectual property and proprietary information, which are the sole and exclusive property of CareerThesaurus. You the User agree that such proprietary information and intellectual property may not be altered, copied, published, transmitted, distributed, performed, displayed or otherwise disseminated by the user without the prior written consent by CareerThesaurus.
- You the User agree that you will not copy, publish, transmit, distribute, perform, publicly display, use commercially, reproduce or otherwise disseminate any copyrighted materials, trademarks or other proprietary information published on, or accessed through the web site, without the prior written consent of the owner of such intellectual property or proprietary information.
- By publishing any publicly accessible information on CareerThesaurus’s website, you the User automatically grant, and certify and warrant that you have the right to grant CareerThesaurus, an irrevocable, perpetual, fully-paid, non-exclusive world-wide license to use, reproduce, perform, display, modify or adapt, distribute and disseminate any and all information and content published on the website and to grant and authorize sublicenses of such content.
- CareerThesaurus may provide automated links to other world-wide web sites of third parties or business partners. You the User acknowledge that CareerThesaurus has no control over the content or use by User or others of such web sites, resources and or services, and you agree that CareerThesaurus does not endorse and shall not be held accountable, responsible, or liable for any such content, resources, advertising, products or other services offered by third parties or business partners through links accessible through CareerThesaurus’s web site. You the User also agree and acknowledge that CareerThesaurus shall not be held responsible or liable, directly or indirectly for any claims, damage or loss resulting from the use of, or reliance upon such third party or business partner content, goods, materials, products or services available at any such linked web site or resource.
- To the maximum extent allowable by applicable law, CareerThesaurus provides the service on an “as is” basis, and hereby disclaims warranties of any kind, express or implied, statutory or otherwise, with respect to the site, services, or information offered thereon, including but not limited to any implied warranties of merchantability, fitness or a particular purpose or non-infringement. CareerThesaurus makes no representations and does not guarantee or promise any particular results from any user’s use of the web site.
- CareerThesaurus is not responsible for any information, advice, statements or other content made available through the service by third parties or business partners and such representations made by third parties or business partners should not be necessarily relied upon by the user. CareerThesaurus cannot and will not guarantee the accuracy, comprehensiveness or utility of any information provided by third parties or business partners on the web site, and does not endorse or accept responsibility for representations, opinions, advice, or statements made by third parties or business partners on the web site. The user expressly agrees that CareerThesaurus shall not be held responsible for any claim, loss or damage allegedly attributable from anyone’s reliance on published content or information by users or third parties or business partners on the service.
- CareerThesaurus is not responsible for any errors or inaccuracies in content posted on the website or in connection with the service, irrespective of the cause of such errors or inaccuracies, including but not limited to malfunction of equipment or programming, related to the services. CareerThesaurus assumes no responsibility for any transmission errors, omissions, interruptions, deletions, delays, communication failures, theft, destruction, unauthorized access, or alteration of service communications. CareerThesaurus is not responsible for any technical malfunction of any network, line, systems, servers or provider’s equipment, hardware, software, email, third party or business partner software, plugins, controls or any other technology related problems including but not limited to those that may cause injury or damage to users or any other person’s computer, resulting from the use of CareerThesaurus.
LIMITATIONS OF LIABILITY
- Under no circumstances shall CareerThesaurus be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and or incidental, arising out of or relating to the conduct of any person or user in connection with the use of the services, including without limitation pecuniary damage, bodily injury, emotional or psychological distress, and or any other damages resulting directly or indirectly from communications or meetings with other users of the service. Such limitation of liability expressly includes any and all claims, losses, and or damages, arising from the actions of users who have gained access to the service, and or have registered with the service using false, fictitious, misleading, or erroneous information, or with the intention to defraud or harm CareerThesaurus or you the User. Such limitation of liability shall be effective even in the event that CareerThesaurus has been advised of the possibility of such damages and notwithstanding anything to the contrary contained herein, CareerThesaurus’s liability to you the User for any cause of action in any form will at all times be limited to the amount paid for the service, if any, by you, to CareerThesaurus during the term of your use of the services, and said amount shall constitute liquidated damages for any breach thereof.
- You the User agree to take all reasonable precautions with respect to all communications and interactions with other users, especially and expressly in the event you plan to, or actually engage in meeting others off-line, in-person. You the User agree that CareerThesaurus cannot and does not verify the information provided by users, and agree to update and advise CareerThesaurus of information you acquire which exposes inaccurate, false, or other misleading information published by other users, third parties or business partners.
- You the User agree to indemnify, defend, and hold harmless CareerThesaurus, its employees, agents, officers, directors, third parties or business partners for any and all claims, losses, costs, damages, liabilities and expenses, including reasonable attorney’s fees, rising out of your use or inability to use the service, any information published by you on the web site, your breach of any terms contained in this Agreement, or your violation of the rights of any third parties or business partners, other users, or your violation of any applicable laws, rules or regulations of any jurisdiction. Notwithstanding the above, CareerThesaurus reserves the right to assume the expense and exclusive defense and control of any action otherwise subject to indemnification by you and you expressly agree to cooperate with CareerThesaurus in asserting available defenses.
- You the User recognize and agree that CareerThesaurus may be required by law to disclose information about you, at the request of a third party or business partner, or otherwise in our sole discretion if we believe such disclosure is reasonable to comply with applicable law, or requests or orders from law enforcement agencies, or by subpoena or other legal process, or to protect CareerThesaurus’s or any person’s rights, property, health or safety.
TERM OF AGREEMENT, CANCELLATION
CHOICE OF LAW AND JURISDICTION
- This agreement shall be governed by the laws of the State of New York without effect of conflicts of law provisions, and jurisdiction and venue for all legal actions shall lie in the United States District Court for the Southern District of New York, and or Supreme Court of the State of New York, New York County. You the User acknowledge and agree that a breach or violation of the terms contained herein by you may cause CareerThesaurus irreparable harm and that CareerThesaurus shall be entitled to seek extraordinary relief in equity or at law, including but not limited to temporary or permanent restraining orders, preliminary injunctions, or other emergency relief, in addition to any other remedies available, without the necessity of posting a bond or other security therefor.
ENTIRE AGREEMENT / MISCELLANEOUS PROVISIONS
Posting, distributing, reproducing or otherwise disseminating in any way, any copyrighted materials, trademarks or any other proprietary information, absent prior written consent of the owner thereof, is strictly prohibited under the terms of this agreement. If you believe that any of your work has been copied and published on CareerThesaurus’s web site, in a manner that constitutes copyright infringement, notify our copyright agent with the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- A description and identification of the copyrighted work that you claim is being infringed upon;
- A description and identification of the material that you claim is infringing, and the location of such material on the website;
- Information reasonably calculated to allow CareerThesaurus to contact you including your mailing address, telephone number and email address;
- A written statement by you of your good faith belief that the disputed use of the material is not authorized by the copyright owner, its copyright agent or law; and
- A sworn statement made under penalty of perjury that the information contained in your notice to CareerThesaurus is accurate, and that you are either the copyright owner or are authorized to act on behalf of the copyright owner;
- CareerThesaurus’s copyright agent for notice of claims of copyright infringement can be reached as follows:
77 Water Street
New York, NY 10005
MODIFICATION OF AGREEMENT
- CareerThesaurus reserves the right to unilaterally modify and revise the terms of this Agreement at any time at the sole discretion of CareerThesaurus. Such revised terms will be effective upon posting and your use of the service after such posting shall constitute your acceptance of the terms of the revised agreement.
- This Agreement was last revised on May 26, 2014