(as of June 1, 2016)
Please read the following terms and conditions of service (the "Terms of Service") carefully, including the Arbitration provisions set out in Section 20, because they describe your rights and responsibilities and form a legally binding agreement between you and CareerArc Group LLC. If you do not agree with all of the Terms of Service, you are prohibited from using this Site or any part of the Service.
CareerArc Group LLC, with offices at 2600 W. Olive Avenue, Suite 710, Burbank, CA 91505 (referred to as, "CareerArc", "we", "us", "our") provides the www.careerarc.com, www.yournextstep.com, www.careerbeam.com, www.careersearch.net, www.searchexpo.net, www.mycareercenter.com, and other CareerArc websites (collectively, the "Site"). The Site includes a variety of services, online and mobile applications, downloadable software, products and features, including, but not limited to, CareerArc Social Recruiting, CareerArc Outplacement, CareerArc Your Next Step, CareerArc Candidate Care, CareerBeam, CareerSearch, SearchExpo, and MyCareerCenter, all available on various mediums or devices now known or hereafter developed (collectively, the, "Services"). The Services and the Site are provided to you (also referred to as "your" or "User") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service") as well as any other written agreement between us. In addition, when using particular Services or materials, Users shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those contained in this Terms of Service. All such guidelines or rules are hereby incorporated by reference into this Terms of Service. If you are a Subscriber (as defined below) to one or more of the Services, you may additionally be required to execute a separate written contract, which incorporates this Terms of Service by reference.
TO VISIT OR USE ANY SITE OR CAREERARC SERVICE, YOU MUST BE 13 YEARS OF AGE OR OLDER AND, IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST BE UNDER THE DIRECT SUPERVISION OF A PARENT, LEGAL GUARDIAN OR OTHER RESPONSIBLE ADULT. BY CLICKING THE "I AGREE", "I ACCEPT" BUTTON, OR ANOTHER SIMILAR BUTTON EXPRESSING YOUR CONSENT DURING REGISTRATION, OR BY ACCESSING, VISITING, BROWSING, USING, SIGNING IN OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES.
WE RESERVE THE RIGHT TO AMEND THIS TERMS OF SERVICE AT ANY TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST TERMS OF SERVICE WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THE TERMS OF SERVICE PRIOR TO USING THE SITE OR SERVICES. YOUR CONTINUED USE OF ANY PART OF THE SITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Subject to these Terms of Service, CareerArc grants you a limited, personal, revocable, non-exclusive, non-transferable license, with no right to sub-license or create derivative works, to access the Site and the Services. We may modify, replace, refuse access to, suspend or discontinue the Site or the Services, partially or entirely. Access to the Site and the Services is licensed, not sold, and this Terms of Service grants no right, title or interest in any intellectual property owned or licensed by CareerArc in the Site or the Services.
If applicable, you may install and personally use any software associated with the Services ("Software") only in object form on a personal or business device controlled by you for your own non-commercial use or benefit. You must not, and must not allow any third party, to modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing the Software.
USE OF THE SERVICES
Certain of the Services may only be accessed by Users that have paid a service fee or signed a separate contract with CareerArc, which may incorporate this Terms of Service by reference ("Subscribers"). Subscribers fall into one or more of the groups below:
ACCESS TO SERVICES; PASSWORDS
When you sign up to become a User, you may be asked to install certain of the Services using various social networks, including, but not limited to, Facebook. You are entirely responsible for maintaining the confidentiality of any account or password associated with Facebook or any other social network.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Services, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of CareerArc. You may not transfer, share or make available your Site account information to others. Any distribution by you of your Site account information may result in suspension, termination or cancellation of your access to the Services.
THIRD PARTY OR USER CONTENT
Content available through the Site or the Services often represents the opinions and judgments of an information provider, User, Subscriber, or other person or entity not associated with CareerArc. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized CareerArc spokesperson speaking in his/her official capacity.
In addition, the materials on this Site may include sample or form agreements, letters or other documents ("Forms"). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, human resources, careers, or other professional advice. Under no circumstances will CareerArc be liable for any loss or damages caused by your reliance on information or advice obtained through the Site or the Services, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other Content available on or through the Site or the Services.
Users and Subscribers are solely responsible for any and all content, submissions and communications, including user comments, photos, images, sounds, files, and other material or information (collectively, "User Content"), that they post or transmit to the Site or through use of the Services, or to any User or Subscriber of the Sites or Services, as well as for the consequences of such postings and transmissions. You acknowledge that any reliance on any User Content posted or transmitted by another User or Subscriber will be at your own risk. We assume no responsibility for any User Content and we assume no responsibility for the activities, omissions or other conduct of Users or Subscribers. We act as a portal for the online distribution and publication of User Content and we have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring any User Content or communications.
USE OF COMMUNICATION SERVICES
The Site or Services may contain forums, bulletin board services, chat areas, job or message boards, news groups, communities, personal web pages, calendars, or other message or communication facilities (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and User Content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or Services any material that:
CareerArc reserves the right but not the obligation, to monitor use of the Site and Services to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. CareerArc reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. CareerArc also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any User Content or downloaded materials.
Any and all User Content that you submit (e.g., by uploading or transmitting) to the Site or in connection with your use of the Services shall be deemed, and shall remain, your property from the moment of creation. Notwithstanding anything to the contrary in these Terms of Service, you remain solely responsible for the content of your submissions. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or review all User Content, and therefore cannot be responsible for it. You acknowledge and agree that neither CareerArc nor any third party that provides Content to CareerArc, will assume or have any liability for any action or inaction by CareerArc or such third party with respect to any submission. CareerArc cautions you against giving out any personally identifying information about yourself in any Communication Service. CareerArc does not control or endorse the content, messages or information found in any Communication Service and, consequently, CareerArc specifically disclaims any liability with respect to the Communication Service and any actions resulting from your participation in any Communication Service.
You hereby grant to CareerArc a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to CareerArc through the Site or Services (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. CareerArc will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future CareerArc operations.
You represent and warrant that you have all the rights and authority necessary to grant the rights to any User Content you submit on the Site or in connection with the Services and such User Content will not violate the rights of any third party, including without limitation any copyright, property, or privacy right. CareerArc reserves the right to remove User Content at any time without prior notice.
You may not access or use the Site or the Services for any other purpose other than that for which CareerArc makes it available, including, but not limited to, for individuals seeking employment and career information, and employers seeking employees or interns. Certain activities, even if legal, may violate the common rules of etiquette as determined by CareerArc in its sole discretion. Prohibited activities include, but are not limited to:
THIRD PARTY CONTENT AND LINKS
The Site and Services provide content and material from third parties, and links to, and references, third party web sites, content and material not controlled by us (collectively, "Third Party Content"). You acknowledge and agree that we neither endorse nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site or through use of the Services. Nothing on the Site or available through use of the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content. The Third Party Content that is provided through our database search products may be used for the period for which you have purchased a subscription. You may make one copy for personal use and use such information for your internal use only relating to internships, career opportunities, career services, career information and employment. Upon expiration or termination of your subscription, you shall destroy all originals and copies of such information unless you are otherwise instructed by us or the third party and upon request, provide us or the third party with certification that you have done so.
SITE SECURITY AND INTEGRITY
You are prohibited from using any CareerArc Service or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CareerArc reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. CareerArc reserves the right to investigate suspected violations of this Terms of Service. CareerArc reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction CareerArc to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD HARMLESS CAREERARC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAREERARC DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CAREERARC OR LAW ENFORCEMENT AUTHORITIES. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site, the Services, the Software, or the Content (as defined below) in any way, including, without limitation: (a) Accessing Content, data, features or functionality on the Site or through use of the Services for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access; (b) Deleting or revising any Content (including, but not limited to, legal notices) posted by us, or any other person or entity not related to you; (c) Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content; and (d) Using the Content on any other web site or in a networked computer environment for any purpose.
The Site and Services, along with the material and content accessible from the Site and Services (collectively, the "Content"), contain proprietary and confidential information that is protected by Intellectual Property Rights, contract and other laws. "Intellectual Property Rights" means all worldwide statutory and common law rights in, arising out of, or associated with: (i) patents and patent applications including, without limitation, divisions, continuations, continuations-in-part, extensions, and reissues of the foregoing; (ii) works of authorship including copyrights, copyright applications, copyright registrations, and moral rights; (iii) trade secrets, know-how, inventions, discoveries, designs, processes and other proprietary information, all developments of any of the foregoing and in each case whether protected or protectable; and (iv) trademarks, service marks, logos, and trade dress rights, including, without limitation, applications for, registrations of, and goodwill in the foregoing. All Content is the property of CareerArc, or its content providers, service providers, suppliers, or licensors (collectively, "Licensors"). Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted by you in any way without the prior written consent of CareerArc, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any intellectual property, or any other proprietary notice or legend appearing in, or on, any of the Content. Modification or use of the Content except as expressly provided in this Terms of Service violates CareerArc's and its Licensor's Intellectual Property Rights. Neither title, ownership or Intellectual Property Rights to the Site and Services are transferred to you by access to the Site and use of the Services. The compilation (meaning the collection, arrangement and assembly) of the Content is the exclusive property of CareerArc.
Misappropriation or unauthorized use by others of the Content for commercial gain would unfairly and/or irreparably harm CareerArc, its affiliates and its Licensors or reduce CareerArc's, its affiliates' and its Licensors' incentive to create, develop and maintain such information. You will not commit or knowingly assist any act or omission that would contest or impair any of CareerArc, its affiliate or is Licensors' Intellectual Property Rights in the Content or that would cause the Content to infringe the Intellectual Property Rights of a third party. You agree to notify CareerArc and its suppliers immediately upon obtaining any information regarding a threatened or actual infringement of their rights. You also agree that you will not use any Content in listings or advertisings in any manner without the prior written approval of such party.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the Content on any copy you make of such material.
We reserve the right, in our sole discretion, to deny access to the Site or Services by any User or to modify, suspend or terminate any User's access to or use of the Site or Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing any of the Site or Services, or any part thereof, with or without notice.
You agree that any termination of your access to any of the Site or Services under any provision of this Terms of Service may be effected without prior notice, and you agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site or the Services. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services.
We reserve the right to expel Users and prevent their further access to the Site or Services for violating this Terms of Service, suspected fraudulent activity or the law, and we may take any action with respect to User Content and violations of system or network security that we deem necessary or appropriate in our sole discretion, including, but not limited to, suspension, termination of the account or pursuing any legal remedies, including civil and criminal penalties. We may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Upon termination, you must (a) cease any access to the Site or use of the CareerArc Service or its components, and any third-party data; (b) if applicable, remove the Software from all hard drives, networks and/or other storage media; and (c) if applicable, destroy all copies of the Software in your possession or under your control. All rights in any third-party data, any third-party software, and/or any third-party data servers are reserved and remain with the respective third parties. These third parties may enforce their rights against you directly.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
LIMITATION OF LIABILITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CAREERARC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, CLAIMS, DEMANDS, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, RESULTING FROM (I) YOUR USE OR MISUSE OF THE SITE OR SERVICES, (II) YOUR USE OF ANY INFORMATION WHICH YOU HAVE NOT BEEN AUTHORIZED TO HAVE ACCESS TO (III) VIOLATION OF THIS TERMS OF SERVICE (AS AMENDED AND IN EFFECT FROM TIME TO TIME), (IV) CONDUCT, COMMUNICATION OR INTERACTION WITH ANY OTHER USER OF THE SITE OR SERVICES OR ANY OF YOUR OTHER ACTIVITIES ON THE SITE OR USE OF THE SERVICES, (V) VIOLATION OF THE RIGHTS OF ANY OTHER USER OF THE SITE OR SERVICES, OR (VI) YOUR USER CONTENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, affiliates, subsidiaries, Licensors, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
COPYRIGHTS AND COPYRIGHT AGENT
If you believe any Content on the Site infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act (the "DMCA") by contacting our copyright agent and providing the following information:
You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your notice may not be a valid notice under the DMCA.
The name and contact information of our agent for copyright issues is as follows:
CareerArc Group LLC
Attn: Curtis Peele
2600 W. Olive Ave, Suite 710
Burbank, CA 91505
Phone: (818) 260-3100
Fax: (818) 260-3101
We will use commercially reasonable efforts to respond expeditiously to claims of copyright infringement using the Services that are reported to our copyright agent in the notification explained above. We reserve the right to remove User Content alleged to be infringing at any time without prior notice and at our sole discretion. It is CareerArc's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Although the Site or the Services may be accessible worldwide, we make no representation that materials on the Site or available through use of the Services 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 Site or Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, or information made in connection with the Site or Services is void where prohibited.
In the event that you breach these Terms of Service, you hereby agree that CareerArc would be irreparably damaged if these Terms of Service were not specifically enforced, and therefore you agree that CareerArc shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as CareerArc may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with these Terms of Service and consistent with Section 20, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
DISPUTE RESOLUTION AND GOVERNING LAW
If you have any questions or concerns regarding these Terms of Service, you can contact us by email or by mail:
CareerArc Group LLC
2600 W. Olive Ave, Suite 710
Burbank, CA 91505
Phone: (818) 260-3100
Fax: (818) 260-3101