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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.
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.
12. Intellectual Property Rights.
(a) Carcareers.com’s Intellectual Property. You acknowledge that:
(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.
14. Limitations of Liability.
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.
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.
(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.