Terms of Service

CareerNumbers.com

Acceptance of Terms.

The following terms and conditions govern all use of the CareerNumbers.com website and embeddable CareerNumbers widget (the Site) and the services available at the Site (taken together, the Service). The Service is owned and operated by CareerNumbers Inc. (Company). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Company (collectively, the Terms of Service or Agreement).

The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Company may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE.

Changes.

Company reserves the right, at its sole discretion, to modify or replace any of these Terms of Service at any time. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Information and Subscriptions.

At your election, you may subscribe to various information services offered by Company. When you do so, you may be required to provide certain information about yourself. Membership is provided solely at Company’s discretion and confers no rights other than as set out in these Terms of Service. You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all use of and activities that occur under your password or account. You agree to immediately notify Company of any unauthorized use of your password or account or any breach of security.

Privacy.

Company’s current privacy policy is available at http://CareerNumbers.com/privacy-policy (the Privacy Statement), which is incorporated by this reference. Company will not disclose the contents of your data in connection with the Service unless (1) reasonably necessary to perform the Service, (2) authorized by you, (3) otherwise permitted under the Privacy Statement or (4) Company is required to do so by law or regulation, or in the good faith belief that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of Company or any other user or (iii) enforce the Terms of Service.

Rules and Conduct.

The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your use for personal purposes or internal business purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Company. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Service;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
imposes an unreasonable or disproportionately large load on Company’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Company or any third party; or
harvests or collects any information from the Site; or
impersonates any person or entity, including any employee or representative of Company.

Company may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.

Content.

Company has no obligation to monitor the Service or any use thereof. However, Company reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request and to remove any content or information that violates these Terms of Service or is otherwise objectionable as determined in the sole discretion of Company. The Service includes content and information provided by various users of the service and Company does not guarantee the accuracy, integrity, tastefulness or qualify of such content or information.

Third Party Sites.

The Service may permit you to link to other websites on the Internet, and other websites may contain links to or an embeddable widget version of the Site. These other websites are not under Company’s control, and you acknowledge that Company is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link or embeddable widget does not imply endorsement by Company or any association with its operators.

Proprietary Rights.

You agree that all content and materials delivered via the Service or otherwise made available by Company at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Company is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Company. Use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited. Any rights not expressly granted herein are reserved.

License to Company.

By uploading, submitting or otherwise disclosing or distributing content of any kind at or on the Site or otherwise through the Service, you:

grant to Company, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
represent and warrant to Company that you own or otherwise control all rights to such content and that disclosure and use of such content by Company (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party;
acknowledge that the content may not be treated confidentially;
shall be responsible and liable for any content submitted by you.

You agree not to provide Company with any confidential or proprietary information that you desire or are required to keep secret.

Copyright and Trademark Notices.

CareerNumbers is a trademark of Company. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

Company respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, you should notify Company’s Copyright Agent. Your notice must meet the requirements of the DMCA (17 U.S.C. § 512), including the following information:

identification of the copyrighted work allegedly infringed;
identification of the material that you believe is infringing your work so we may locate it on the Site;
your address, telephone number and email address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved;
your signature.

The notice should be sent to:

CareerNumbers Inc.
One Devonshire Place, Suite 1612
Boston, MA 02109

Attn: Scott Barnett, Copyright Agent
Tel: (617) 398-0073
Fax: (800) 897-4307
Email: Legal@CareerNumbers.com

Termination.

Company may terminate your password, account (or any part thereof) or access to all or any part of the Service, and remove and discard any content provided by you within the service, at any time, with or without cause, with or without notice, effective immediately. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that Company shall not be liable to you or any third party for any claims related to termination of your access to the Service.

No Warranties.

THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability.

IN NO EVENT SHALL COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Indemnification.

You agree to defend, indemnify, and hold harmless Company, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use or misuse of the Service. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

International Use.

Company makes no representation that the Services are appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Services are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this Site or Services shall be filed only in the state or federal courts located in Massachusetts, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this section.

Integration and Severability.

These Terms of Service are the entire agreement between you and Company with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

Miscellaneous.

These Terms of Service and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next-day delivery by a recognized overnight delivery service.

Contact.

You may contact Company at the following address:
CareerNumbers Inc.
One Devonshire Place, Suite 1612
Boston, MA 02109