1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the CareerBuilder iPad® Application 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 iPad® Application or Services. These Terms and Conditions are effective as of March 15, 2012.
2. Binding Agreement. 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 iPad® Application or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the CareerBuilder iPad® Application at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 “CareerBuilder Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “CareerBuilder iPad® Application” means an iPad® application operated by CareerBuilder and customized for certain career events and includes the Content, Text, Graphics, Design, Programming, CareerBuilder Materials and Services (as applicable in each context).
3.3 “Content” includes all Text, Graphics, Design and Programming used on the CareerBuilder iPad® Application.
3.4 “Design” includes the color combinations and the page layout of the CareerBuilder iPad® Application.
3.5 “Document” refers to any posting to the CareerBuilder iPad® Application, whether job or resume.
3.6 “Graphics” includes all logos, buttons, and other graphical elements on the CareerBuilder iPad® Application, with the exception of paid advertising banners.
3.8 “Services” means any services provided by CareerBuilder or its agents.
3.9 “Text” includes all text on every page of the CareerBuilder iPad® Application, whether editorial, navigational, or instructional.
3.10 “User” refers to any individual or entity that uses any aspect of the CareerBuilder iPad® Application.
3.11 “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.
4. Intellectual Property Rights and Acceptable Use of the CareerBuilder iPad® Application and Services.
4.1 General Use Rules. The iPad® Application is intended for individuals seeking career resources. You may use the iPad® Application only for lawful purposes within the stated context of CareerBuilder's intended and acceptable use of the iPad® Application. CareerBuilder is the sole interpreter of the iPad® Application’s intended and acceptable use.
4.2 CareerBuilder Intellectual Property Rights. The iPad® Application, the CareerBuilder Materials and all right, title and interest in and to the iPad® Application 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 iPad® Application; (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 iPad® Application other than the search engine and search agents available from CareerBuilder on such iPad® Application 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 the iPad® Application, 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," 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 iPad® Application (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 iPad® Application 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 iPad® Application, including iPad®, are the trademarks of their respective owners.
4.3 License to Use by Users. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the iPad® Application only for your personal use seeking career resources for yourself. This authorizes you to view and download a single copy of the material on the IPad® Application solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the iPad® Application and any consequences arising from such posting. Your use of the iPad® Application is a privilege. CareerBuilder reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 Other Specific Rules Regarding Usage of the IPad® Application. 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 iPad® Application 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 iPad® Application 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 iPad® Application complies with these Terms and Conditions and all applicable laws.
5. Disclaimers and Limitations on CareerBuilder's Liability.
5.1 No endorsements by CareerBuilder. Nothing on the iPad® Application 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.
5.2 WARRANTY DISCLAIMERS.
(a) THE IPAD® APPLICATION 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 IPAD® APPLICATION.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) CAREERBUILDER DOES NOT WARRANT THAT THE IPAD® APPLICATION WILL OPERATE ERROR-FREE OR THAT THE IPAD® APPLICATION AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE IPAD® APPLICATION RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREERBUILDER IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) 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 risk.
(iii) CareerBuilder makes no representations or guarantees regarding the Content of the IPAD® APPLICATION, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) 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.
5.3 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE IPAD® APPLICATION, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE IPAD® APPLICATION.
(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 IPAD® APPLICATION 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.
(c) 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 AGGREGATE.
(d) 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.
(e) 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.
5.4 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."
6. Links to Other Sites. The iPad® Application 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.
7. Amendments to this Agreement and Changes to the iPad® Application. 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 iPad® Application (or as otherwise stated in any notice of such changes). Any use of the iPad® Application will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such iPad® Application. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable iPad® Application 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 iPad® Application at any time.
8. Indemnity. 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 iPad® Application, 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 iPad® Application 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.
10. Questions and Notices. Questions concerning the use of the iPad® Application should be directed to Feedback. Notices to CareerBuilder should be sent to the address listed on the iPad® Application. 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.
11.1 In connection with your use of the iPad® Application, you may receive advice designed to facilitate the creation of further development of your personal and professional goals. You understand and agree that you are fully responsible for your physical, mental and emotional well being during your participation in the iPad® Application, including your choices and decisions. You are aware that you have the option of accepting, modifying or rejecting any advice, ideas, goals or suggestions received through the iPad® Application.
11.2 The advice that you receive through the iPad® Application is not intended to create or supplant any medical or mental health consultation or examination or legal or financial advisement. You acknowledge and agree that you will not attempt to use the iPad® Application in lieu of, or as a substitute for, legal or financial advice. Further, you acknowledge and agree that the iPad® Application does not involve the diagnosis or treatment of mental illness as defined by the American Psychiatric Association and that the advice you receive through the iPad® Application is not a substitute for medical, psychotherapy, substance abuse or mental health counseling.
11.3 In consideration of your participation in the iPad® Application, you, for yourself, your heirs, executors, administrators, personal representatives, successors and assigns, waive any and all rights, claims and causes of action you have or may have against CareerBuilder that may arise from the advice you receive through the iPad® Application.
12. General. CareerBuilder contact information is listed on the iPad® Application. 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 iPad® Application. If you access the iPad® Application 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 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 iPad® Application, 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 iPad® Application, this Agreement constitutes the entire agreement between you and CareerBuilder.
13. Security Rules.
The following rules apply to your use of the iPad® Application and/or the Services. The list of rules is for illustration only and is not a complete list of all security rules.
13.1 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the iPad® Application, 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 iPad® Application, 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.
(b) 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.