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Terms of Use
When you, as a person using the Services, Software and Documentation (defined below), begin using the Services, Software and Documentation, you accept these terms of use as a binding agreement between you and Carcareers.com. If you are entering into these terms of use on behalf of a business organization, you hereby represent that you have the authority to enter into these terms of use on that organization’s behalf and warrant that that organization, including its employees, agents, representatives and subcontractors who will use the Services, Software or Documentation (each an “Authorized User”), will be bound by these terms of use upon your entry into it. Throughout these terms of use, the terms “You” and “Your” apply to you personally, and if applicable, your organization and all Authorized Users.
By using the Carcareers.com website or accessing, downloading or using the Software, You (a) acknowledge that You have read and understand these terms of use, (b) represent that You are of legal age to enter into these terms of use, and (c) accept these terms of use. If You do not agree to these terms of use, then You are not authorized to access or use the Software or the Services and Carcareers.com is under no obligation to You whatsoever.
1. License to Use the Services, Software and Documentation. Subject to payment of any applicable fees and Your acceptance of and compliance with these terms of use, Carcareers.com hereby grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the software-as-a-service offered at www.Carcareers.com (the “Services”), the downloadable Carcareers.com software application (“Software”), and related user manuals, handbooks, guides, and any other materials provided to You that describe the Software or its use or specifications (the “Documentation”) during the Term (defined below). If You are an employer within the automotive industries, You hereby agree that Your use will be limited to the identification of and communication with prospective employees who have created profiles on Carcareers.com. If You are a person seeking employment within the automotive industries, You agree that Your use will be limited to the creation of a profile that will be viewable by prospective employers and optionally communication with prospective employers and the creation of custom video content viewable by prospective employers.
2. General Use Restrictions. You shall not use the Services, Software, or Documentation for any purpose beyond that defined in Section 1. Except for the authorized download of the Carcareers.com Software, You shall not at any time, directly or indirectly: (A) copy, modify, or create derivative works of the Software, Services, or Documentation, in whole or in part; (B) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, Software, or Documentation; (C) reverse engineer, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services or Software, in whole or in part; (D) remove or otherwise change any proprietary notices from the Services, Software, or Documentation; (E) use the Services, Software, or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity, or that violates any law; (F) use any data mining, robots or other data aggregation or extraction methods; (G) violate or attempt to violate the security of the Carcareers.com website; (H) post a resume or create a profile using the Services or Software on behalf of another person; (I) share any on login credentials with any nonparty; (J) access data not intended for You or log into the Carcareers.com website using login credentials that are not Your own; (K) post any fraudulent information on the Carcareers.com website; (L) solicit login information or other personally identifiable information from any other Carcareers.com user; (M) attempt in any way to interfere with the provision of Services to any other Carcareers.com user; (N) attempt to harass or defame in any way any other Carcareers.com user; (O) attempt to make any unsolicited contact of any kind with any other Carcareers.com user; or (P) post any subject matter that is reasonably likely to be deemed offensive by any group or individual.
3. Employer Use Restrictions. Employers are solely responsible for their postings on the Carcareers.com website. Carcareers.com is not an employer with respect to prospective employees that use the Carcareers.com website and Carcareers.com is not be responsible for any employment decision made by any employer using the Services or Software. If You are an employer and Your employer account is terminated, all Your account information from Carcareers.com, including saved resumes, contacts, and email lists, may be deleted from Carcareers.com's databases.
4. Employee Use Restrictions. When You register with Carcareers.com, You will be asked to login with Facebook, Google or another service or create an account and provide Carcareers.com with certain personally identifiable information. Any profile You create may only contain accurate information that describes You as an individual. You are solely responsible for the form, content and accuracy of any resume or other documents You upload to the Carcareers.com website, as well as any video content You create and save in connection with Your profile on the Carcareers.com website. You understand and acknowledge that You have no ownership rights in Your account and that if Your Carcareers.com account is terminated, all Your account information, resumes and other documents you have posted may be deleted from Carcareers.com. Carcareers.com reserves the right to delete Your account and all of your submitted information after a significant duration of inactivity.
5. Reservation of Rights. Carcareers.com reserves all rights not expressly granted to You under these terms of use. Except for the limited rights and licenses expressly granted under these terms of use, nothing in these terms of use grants, by implication, waiver, estoppel, or otherwise, to You or any third party, any intellectual property rights or other right, title, or interest in or to the Services, Software, Documentation, or any and all intellectual property provided to You or any Authorized User under these terms of use (collectively, “Carcareers.com’s Intellectual Property”).
6. Suspension. Notwithstanding anything to the contrary in these terms of use, Carcareers.com may temporarily suspend Your access to any or all of the Services, Software, or Documentation if: (i) Carcareers.com reasonably determines that (A) there is a threat or attack on any of Carcareers.com’s Intellectual Property; (B) Your use of Carcareers.com’s Intellectual Property disrupts or poses a security risk to Carcareers.com or to any other customer or user of the Carcareers.com website; (C) You are using the Software, Services or Documentation, or Carcareers.coms’ Intellectual Property, for unauthorized, fraudulent or illegal activities; (D) You are an employer within the automotive industries and have ceased to continue Your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (E) Carcareers.com’s provision of the Services, Software or Documentation to You is prohibited by law; (F) any vendor of Carcareers.com has suspended or terminated Carcareers.com's access to or use of any third-party services or products required to enable You to access the Services, Software, or Documentation; (G) You fail to pay fees You owe to Carcareers.com; or (H) You are under the age of 13 years or under the age of 18 years and using Services or Software without the supervision of a parent, legal guardian or other responsible adult. Carcareers.com shall use reasonable efforts to provide written notice of any service suspension to You and to provide updates regarding resumption of access to the Services, Software, or Documentation following any service suspension. Carcareers.com shall use reasonable efforts to resume providing access to the Services, Software, or Documentation as soon as practical after the event giving rise to the service suspension is cured. Carcareers.com assumes no liability for any loss or liability that You may incur as a result of a service suspension.
7. Your Responsibility for Use of Software. You are responsible and liable for all uses of the Services, Software, or Documentation resulting from Your access thereto. You are responsible for all of Your acts and omissions, including any breach of these terms of use. You shall make all Authorized Users aware of these terms of use and shall bind all Authorized Users to compliance with the same. Any data or other content input by You in order to use the Services should be saved and archived by You. Carcareers.com is not responsible for the accuracy, integrity or loss of Your data. You are also responsible for maintaining secure passwords in connection with use of the Services. Carcareers.com will not be responsible for any loss or liability caused by Your failure to maintain your account credentials securely.
8. Use with Mobile Devices. Use of the Services may be available through a compatible mobile device that requires Internet access and specialized software not provided by Carcareers.com. You are solely responsible for meeting any such requirements, including any message and data rates, as well as the terms and conditions of Your agreement with your mobile service providers. Carcareers.com makes no warranty or representation as to Your ability to access the Services from a mobile device, the security of Your data transmissions over the Internet, or the confidentiality of any such data transmitted.
9. Support. Carcareers.com may use a variety of methods (e.g., in-product, Internet, email, live chat, and phone) to provide technical support and customer service in connection with the Services, Software, or Documentation. These methods are subject to change as announced by Carcareers.com from time to time. This support will be limited to assistance with use of system components and will not under any circumstances be deemed to provide hiring or career advice, as is more fully described in Section 11.
10. Privacy Policy. Carcareers.com’s Privacy Policy is available on the website (www.Carcareers.com) for the Services. You hereby accept the Privacy Policy and any changes published by Carcareers.com. You agree that Carcareers.com may use and maintain Your data according to the Privacy Policy. Carcareers.com may use Your data to improve the Services or to design promotions and to develop new products or services.
11. Fees and Payment. You shall pay any fees required by Carcareers.com in US dollars in accordance with the payment requirements imposed by Carcareers.com. All fees and other amounts payable by you under these terms of use are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Carcareers.com’s income.
12. Intellectual Property Rights.
(a) Carcareers.com’s Intellectual Property. You acknowledge that:
(i) the Services, Software and Documentation are licensed, not sold to You and You do not have under or in connection with these terms of use any ownership interest in the Services, Software or Documentation, or in any related intellectual property rights;
(ii) Carcareers.com is the sole and exclusive owner of all right, title, and interest in and to the Services, Software and Documentation, including all intellectual property rights, in and to the Carcareers.com’s Intellectual Property.
(b) Your Data. Carcareers.com acknowledges that you own all right, title, and interest in and to the information, data, and other content that is submitted, posted, or otherwise transmitted by or on behalf of You through the Services (“User Data”). You hereby grant to Carcareers.com a non-exclusive, royalty-free, worldwide license to use, reproduce, and display the User Data and perform all acts with respect to the User Data, solely for the purpose of providing the Services to you.
(c) Your Cooperation and Notice of Infringement. You shall, during the Term:
(i) take all reasonable measures to safeguard the Software and Documentation from infringement, misappropriation, theft, misuse or unauthorized access;
(ii) at Carcareers.com’s expense, take all such steps as Carcareers.com may reasonably require to assist Carcareers.com in maintaining the validity; enforceability and Carcareers.com’s ownership of its intellectual property rights in the Services, Software and Documentation.
(iii) promptly notify Carcareers.com in writing if You become aware of: (1) any actual or suspected infringement, misappropriation or other violation of Carcareers.com's intellectual property rights in or relating to the Services, Software or Documentation; or (2) any claim that the Services, Software or Documentation, including any production, use, marketing, sale or other disposition of the Services, Software or Documentation, in whole or in part, infringes, misappropriates or otherwise violates the intellectual property rights or other rights of any nonparty, and
(iv) fully cooperate with and assist Carcareers.com in all reasonable ways in the conduct of any action by Carcareers.com to prevent or abate any actual or threatened infringement, misappropriation or violation of Carcareers.com's rights in, or attempt to resolve any actions relating to, the Services, Software or Documentation.
13. Term and Termination. These terms of use are effective upon Your acceptance of the same and payment of all applicable fees and will remain in effect as long as those conditions continue to be met. Carcareers.com may terminate these terms of use if you fail to comply with any of the same or make timely payments hereunder. Upon termination of these terms of use, you must immediately stop using the Services, Software, or Documentation. Sections 10, 12, 13, 14 and 16 will survive the termination of these terms of use.
14. Limitations of Liability.
(a) TO THE FULLEST EXTENT PERMITTED BY LAW, Carcareers.com WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES OR THE SOFTWARE, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OF OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, CORRUPTION, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT PRODUCTS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CARCAREERS.COM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
(b) IN NO EVENT WILL Carcareers.com’S AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES OR THE SOFTWARE UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT OF FEES PAID FOR USE OF THE SERVICES, SOFTWARE, AND DOCUMENTATION PURSUANT TO THESE TERMS OF USE IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. TO THE EXTENT THAT THE FEES WERE PAID ON AN ANNUAL BASIS, THE AMOUNT OF FEES PAID WILL BE PRORATED TO THE EQUIVALENT AMOUNT OF THE FEES PAID OVER A THREE-MONTH PERIOD PRECEDEING THE EVENT GIVING RISE TO THE CLAIM. EVEN IF Carcareers.com ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY, EVEN IF THIS REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. Disclaimer of Warranties.
(a) EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES, SOFTWARE, AND DOCUMENTATION ARE PROVIDED "AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARCAREERS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES, SOFTWARE, AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CARCAREERS.COM PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE. CARCAREERS.COM IS NOT OBLIGATED TO CORRECT ANY SUCH ERRORS OR DEFECTS.
(b) Carcareers.com does not give professional advice. Carcareers.com is not in the business of providing HIRING, RECRUITING, legal, JOB-SEEKING or other professional services or advice. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, software, and documentation ARE NOT SUBSTITUTES FOR THE ADVICE OF A COMPETENT PROFESSIONAL in your field based on your role as an employer or employee in your field. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LAWS VARY FROM STATE TO STATE AND CHANGE OVER TIME AND THAT ANY AGREEMENTS YOU MAY ENTER INTO WITH AN EMPLOYER OR EMPLOYEE ARISING THROUGH YOUR USE OF THE SERVICES OR SOFTWARE SHOULD BE REVIEWED BY A COMPETENT PROFESSIONAL BEFORE EXECUTION. YOU ARE HEREBY ADVISED TO Consult a competent professional when you need this type of assistance.
16. Indemnification. You agree to defend and indemnify Carcareers.com and its successors, assigns, officers, directors, representatives, employees, and agents from and against any and all losses and liabilities resulting from or arising out of (a) your use of the Services, Software, or Documentation; or (b) any breach of these terms of use.
17. Sole Remedy. Your sole and exclusive remedy for any failure or non-performance of the Services, Software, or Documentation, including any associated software or other materials supplied in connection with such Services, Software, or Documentation, shall be for Carcareers.com, in its sole discretion, to refund the applicable fees paid, use reasonable efforts to cure the failure or non-performance, or both.
18. Miscellaneous.
(a) Entire Agreement. These terms of use, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to its subject matter and supersedes all other understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Carcareers.com reserves the right to modify these terms of use from time to time, and you hereby acknowledge that these terms of use serve as notice of any such modification.
(b) Force Majeure. In no event shall either party be liable to the other or be deemed to have breached these terms of use, for any occurrence, the non-occurrence of which was a basic assumption under which these terms of use were executed.
(c) Waiver. No failure to exercise or delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these terms of use and any applicable purchase or other terms, the terms of these terms of use shall govern.
(d) Severability. If any of these terms of use is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in such jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term of use or invalidate or render unenforceable such term in any other jurisdiction. Upon such determination that any of these terms of use is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify these terms of use so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
(e) Governing Law; Submission to Jurisdiction. These terms of use is governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Virginia. Any legal suit, action, or proceeding arising out of or related to these terms of use or the licenses granted hereunder may be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
(f) Assignment. You shall not assign or otherwise transfer any of Your rights or obligations or performance under these terms of use without Carcareers.com’s prior written consent. No assignment, delegation, or transfer will relieve You of any of Your obligations or performance under these terms of use. Any purported assignment, delegation, or transfer in violation of this section is void. These terms of use are binding on and shall inure to the benefit of the Parties and their respective successors and permitted assigns.
(g) US Government Rights. The Software is commercial computer software as defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights to the Software and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
(h) Headings. The headings in these terms of use are for reference only and do not affect the interpretation of these terms of use.