Terms and Conditions for Job Seekers Using Talent Network
Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the CareerBuilder Talent Network and the Services (as each are defined below) provided by CareerBuilder, LLC or one of its divisions (collectively, "CareerBuilder"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the CareerBuilder Talent Network or Services. These Terms and Conditions are effective as of August 5, 2013.
These Terms and Conditions (as they may be amended from time to time by CareerBuilder) form a binding agreement (the "Agreement") between you and CareerBuilder. Your access to or use of the CareerBuilder Talent Network or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Talent Network at your own risk.
The following definitions apply to this Agreement:
any materials, methodologies, implementation plans or other intellectual
property used during the provision of Services.
3.2 "Content" includes all Text,
Graphics, Design and Programming used on the Talent Network.
3.3 "Design" includes the color combinations and the page layout of the Talent Network.
3.4 "Document" refers to any posting
to the Talent Network, whether job or resume.
3.5 "Employer" means the person or entity whose career and employment opportunities are promoted on this Talent Network.
3.6 "Graphics" includes all logos,
buttons, and other graphical elements on the Talent Network, with the exception
of paid advertising banners.
3.7 "Job Seeker" means a User who is
accessing the Talent Network to search for a job or in any other capacity
except as an Employer.
server-side code (e.g. active server pages, VBScript, databases, etc.) used on
the Talent Network.
3.9 "Services" means any services
provided by CareerBuilder or its agents.
3.10 "Talent Network" means a recruiting
platform operated by CareerBuilder and customized for an Employer and includes
the Content, Text, Graphics, Design, Programming, CareerBuilder Materials and
Services (as applicable in each context).
3.11 "Text" includes all text on
every page of the Talent Network, whether editorial, navigational, or
3.12 "User" refers to any
individual or entity that uses any aspect of the Talent Network.
3.13 "You" or "you" means the person who
(or the entity on behalf of whom you are acting) that is agreeing to these
Terms and Conditions.
Intellectual Property Rights and Acceptable Use of the Talent Network and
General Use Rules.
The Talent Network is intended for individuals seeking employment and for
employers or recruiters seeking candidates for employment. You may use the Talent
Network only for lawful purposes within the stated context of CareerBuilder's
intended and acceptable use of the Talent Network. CareerBuilder is the sole
interpreter of the Talent Network’s intended and acceptable use.
4.2 CareerBuilder Intellectual Property Rights. The Talent Network, the CareerBuilder Materials and all right, title and interest in and to the Talent Network and CareerBuilder Materials are the sole property of CareerBuilder or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, CareerBuilder 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 CareerBuilder Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Talent Network; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Talent Network other than the search engine and search agents available from CareerBuilder on such Talent Network and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Talent Network, without the express written consent of CareerBuilder. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "CareerBuilder," "Personified", the CareerBuilder design logo and certain other names or logos are service marks or trademarks of CareerBuilder, and all related product and service names, design marks and slogans are the service marks or trademarks of CareerBuilder. In addition, the "look" and "feel" of the Talent Network (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by CareerBuilder's trademarks, service marks and copyrights. Any code that CareerBuilder creates to generate or display the Content or the pages making up the Talent Network is also protected by CareerBuilder’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or CareerBuilder Materials on any authorized copy you make of the Content or CareerBuilder Materials. All other product and service marks contained on the Talent Network are the trademarks of their respective owners.
License for Use by Job Seekers. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the Talent Network only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Talent Network solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Talent Network and any consequences arising from such posting. Your use of the Talent Network is a privilege. CareerBuilder reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
Other Specific Rules Regarding Site Usage. 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 Talent Network 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 Talent Network for any purpose or in any manner that
is prohibited by these Terms and Conditions or by applicable law. It is your
responsibility to ensure that your use of the Talent Network complies with
these Terms and Conditions and all applicable laws.
4.5 User Submissions. CareerBuilder welcomes your comments regarding the Services and the Talent Network and appreciates hearing from you. Please note, however, that CareerBuilder does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send CareerBuilder creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of CareerBuilder. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on CareerBuilder’s part, and CareerBuilder will not be liable for any use or disclosure of any User Submission. CareerBuilder shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Disclaimers and Limitations on CareerBuilder's Liability.
Allocation of Responsibility CareerBuilder assumes no responsibility for Documents
posted by Users and no responsibility for the activities, omissions or other
conduct of Users. CareerBuilder acts as a portal for the online distribution
and publication of User submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring Documents posted by Users. If notified by a User of a Document
which allegedly does not conform to these Terms and Conditions, CareerBuilder
may investigate the allegation and determine in good faith and in its sole
discretion whether to remove or request the removal of such Document.
CareerBuilder has no liability or responsibility to Users for performance or
nonperformance of such activities. CareerBuilder may take any action with
respect to User submitted information that it deems necessary or appropriate,
in its sole discretion.
No endorsements by CareerBuilder. Nothing on the Talent Network shall be
considered an endorsement, representation or warranty with respect to any User
or third party, whether in regards to its web site, products, services, hiring,
experience, employment or recruiting practices, or otherwise.
THE TALENT NETWORK IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED. CAREERBUILDER, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. CAREERBUILDER MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TALENT NETWORK.
WITHOUT LIMITATION ON THE FOREGOING:
CAREERBUILDER DOES NOT WARRANT THAT THE TALENT NETWORK WILL OPERATE ERROR-FREE
OR THAT THE TALENT NETWORK AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE TALENT NETWORK RESULTS DIRECTLY OR
INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
CAREERBUILDER IS NOT RESPONSIBLE FOR THOSE COSTS.
CareerBuilder makes no representations
or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness,
timeliness or reliability of any Documents posted by Users, or of any other
form of communication engaged in by Users. Documents may contain inaccuracies
or typographical errors. You agree that any reliance on Documents posted by
Users, or on any other form of communication with Users, will be at your own
CareerBuilder makes no representations
or guarantees regarding the Content of the Talent Network, including, but not
limited to, broken links, inaccuracies or typographical errors.
CAREERBUILDER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE
EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR
EMPLOYMENT OBJECTIVES. CAREERBUILDER DOES NOT GUARANTEE THAT THE SERVICES WILL
RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING
RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING
AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE TALENT NETWORK, THE
INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT
ON AND OFF THE TALENT NETWORK.
(b) IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS 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 TALENT NETWORK AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERBUILDER 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 OF
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 CAREERBUILDER'S MAXIMUM LIABILITY TO YOU FOR
ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE
IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE
LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
Due to the nature of this Agreement, in
addition to money damages, you agree that CareerBuilder will be entitled to
equitable relief upon a breach of this agreement by you.
5.5 User Authentication. Because User authentication on the Internet is difficult, CareerBuilder cannot and does not confirm that each User is who they claim to be. Because CareerBuilder does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Talent Network, in the event that you have a dispute with one or more Users, you release CareerBuilder from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5.6 California Residents. 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."
Links to Other Sites.
The Talent Network may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CareerBuilder of the contents on such third-party web sites. CareerBuilder is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Amendments to this Agreement and Changes to the Talent Network. CareerBuilder may
revise these Terms and Conditions at any time by updating this page. Changes
will be binding on you on the date they are posted on the Talent Network (or as
otherwise stated in any notice of such changes). Any use of the Talent Network
will be considered acceptance by you of the then-current Terms and Conditions
(including any exhibits thereto) contained on such Talent Network. If at any
time you find the Terms and Conditions unacceptable, you may not use the applicable
Talent Network any longer. Any new or different terms supplied by you are
specifically rejected by CareerBuilder unless CareerBuilder agrees to them in a
signed writing specifically including those new or different terms.
CareerBuilder may change the Talent Network at any time.
You agree to defend, indemnify, and hold harmless CareerBuilder (and its officers,
directors, shareholders, employees, subsidiaries, affiliates, agents or
advertisers) from and against any third party claims, actions or demands
(including, without limitation, costs, damages and reasonable legal and
accounting fees) alleging or resulting from or in connection with your use of
the Talent Network, any Document posted by you, your use of the Services or
your breach of this Agreement. CareerBuilder shall use reasonable efforts to
provide you prompt notice of any such claim, suit, or proceeding and may assist
you, at your expense, in defending any such claim, suit or proceeding.
9.1 When you register on the Talent Network or in connection with the Services, you will be asked to create an account and provide CareerBuilder with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
Questions and Notices.
Questions concerning the use of the Talent Network should be directed to Feedback. Notices to CareerBuilder should be sent to the address listed on the Talent Network. We will send notice to you at the address submitted by you or to such other address as CareerBuilder reasonably determines is an appropriate address for you.
CareerBuilder contact information is listed on the Talent Network. CareerBuilder makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Talent Network. If you access the Talent Network from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and CareerBuilder is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Talent Network, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by CareerBuilder in a particular "Legal Notice," or material on particular web pages of the Talent Network, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and CareerBuilder.
Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Talent Network and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
You may not post any Document to the Talent Network that contains: (i) URLs or links to web sites (to advertise your company or
web site, see our Advertising
(ii) copyrighted material (unless you own the copyright or have the owner's
permission to post the copyrighted material); (iii) trade secrets (unless you
own them or have the owner's permission to post them); (iv) material that
infringes on or misappropriates any other intellectual property rights, or
violates the privacy or publicity rights of others; (v) keywords or white text
keywords (including any words embedded in the Document and hidden from the
User); (vi) anything that is discriminatory, sexually explicit, obscene,
libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii)
anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").
(c) Your Document(s) must contain sufficient detail to convey clearly to the Employer your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(e) CareerBuilder is under no obligation to monitor the Documents posted on the Talent Network, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at CareerBuilder's sole discretion.
CareerBuilder is under no obligation to monitor the Documents posted on the Talent
Network, but it may monitor Documents at random. Documents found to violate the
above Posting Rules may be removed at CareerBuilder's sole discretion.
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job with the Employer). Communications soliciting the Employer's business are prohibited.
You may not send unsolicited commercial email to Users.
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 Talent Network, you risk losing your access
to the Talent Network. You agree to notify CareerBuilder immediately of any
unauthorized use of your registration and password.
Report inappropriate postings or conduct to Feedback.
You may not delete or revise any material posted by any other person or entity.
If at any time CareerBuilder comes to the understanding that you: (i) misled CareerBuilder regarding your business practices
and/or services, or (ii) purchased services that do not represent your precise
business, CareerBuilder reserves the right to terminate your Agreement.
Users are prohibited from violating or attempting to violate the security of
the Talent Network, including, without limitation: (i) accessing data not
intended for such User or logging into a server or account which the User is
not authorized to access; (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (iii) attempting to interfere with
service to any User, host or network, including, without limitation, via means
of submitting a virus to the Talent Network, overloading, "flooding", mailbombing or "crashing"; (iv)
sending unsolicited e-mail, including promotions and/or advertising of products
or services; (v) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability.
CareerBuilder 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.
13. Copyright Complaints.
respects the intellectual property of others. It is CareerBuilder's policy to
respond to claims of copyright and other intellectual property infringement. CareerBuilder
will promptly process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, CareerBuilder may act expeditiously
to remove or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and may act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed
to be infringing. CareerBuilder will terminate access for Users who are repeat
13.2 Notifying CareerBuilder
of Copyright Infringement: To provide CareerBuilder notice of an infringement,
you must provide a written communication to the attention of "Trust and
Site Security" care of TSST@careerbuilder.com that sets forth the
information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note
that you may be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that an activity is infringing your copyright.
13.3 Providing CareerBuilder
with Counter-Notification: If we remove or disable access to content in
response to an infringement notice, we will make reasonable attempts to contact
the owner or administrator of the affected site or content. If you feel that
your material does not constitute infringement, you may provide CareerBuilder
with a counter notification by written communication to the attention of "Trust
and Site Security" at TSST@careerbuilder.com that sets forth all
of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that
you may be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that an activity is not infringing the copyrights of
others. If you are uncertain whether an activity constitutes infringement, we
recommended seeking advice of an attorney.