 |
CareerLandings :: Terms of Usage & Service
As a provider of Internet-related services, Career Landings offers its customers (also known as subscribers), and their users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Career Landings respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Career Landings reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Career Landings has developed these Terms of Usage and Service ("TU&S"), which explains certain terms of each customer's service agreement and is intended as a guide to the customer's rights and obligations when utilizing Career Landings' services. This TU&S will be revised from time to time. A customer's use of Career Landings' services after changes to the TU&S are posted on Career Landings' web site, www.CareerLandings.com, will constitute the customer's acceptance of any new or additional terms of the TU&S that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Career Landings cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Career Landings cannot monitor or censor the Internet, and will not attempt to do so, Career Landings cannot accept any responsibility for injury to its subscribers or other users that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Career Landings does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Career Landings' system and may reach a large number of people, including both subscribers and nonsubscribers of Career Landings, subscribers' postings to the Internet may affect other subscribers and may harm Career Landings' goodwill, business reputation, and operations. For these reasons, subscribers violate Career Landings policy and the service agreement when they, their affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Career Landings, but also because it can overload Career Landings' system and disrupt service to Career Landings subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Career Landings has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Career Landings is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Career Landings' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Career Landings' system to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Career Landings is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Career Landings' system.
Defamatory or Abusive Language -- Using Career Landings' system as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this TU&S -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TU&S, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet and Other Groups -- Career Landings reserves the right not to accept postings from groups where we have actual knowledge that the content of the group violates the TU&S.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Career Landings determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Career Landings will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Career Landings policy or applicable law. When Career Landings becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Career Landings also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Career Landings urges its subscribers to assume that all of their on-line communications are insecure. Career Landings cannot take any responsibility for the security of information transmitted over Career Landings' system.
Career Landings will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Career Landings may, however, monitor its service electronically to determine that its system is operating satisfactorily. Also, Career Landings may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our system, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Career Landings assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Career Landings may disclose subscriber information or information transmitted using its system where necessary to protect Career Landings and others from harm, or where such disclosure is necessary to the proper operation of the system.
Career Landings expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Career Landings policy. Finally, Career Landings wishes to emphasize that under this service agreement, subscribers indemnify Career Landings for any violation of the service agreement, law, or Career Landings policy, that results in loss to Career Landings or the bringing of any claim against Career Landings by any third-party. This means that if Career Landings or its parent is sued because of a subscriber's or subscriber affiliate's activity, the subscriber will pay any damages awarded against Career Landings or its parent, plus costs and reasonable attorneys' fees.
We hope this TU&S is helpful in clarifying the obligations of Internet users, including Career Landings and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this TU&S should be sent to abuse@CareerLandings.com.
Use of Content on the Career Landings System
Any unauthorized use of the Career Landings System terminates the permission or license granted by Career Landings. The Career Landings System and the content of the Career Landings System are Career Landings' property and are protected by U.S. and international intellectual property laws, including trademark and copyright law. You may download, print, and view content from the Career Landings System as long as you do not modify or alter the content in any way. You may not copy, republish, distribute, prepare derivative works, or otherwise use the content of the Career Landings System other than as expressly permitted by these Terms.
Access Limits
Without Career Landings' express written consent, you may not (a) use any automated means to access the Career Landings System or collect any information from the Career Landings System (including, without limitation, robots, spiders or scripts), or (b) frame the Career Landings System, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," "deep-linking" or any other activity with the purpose of obtaining content, or other information.
You may not use any meta tags or any other "hidden text" utilizing Career Landings' name, trademarks or service marks without the express written consent of Career Landings. You may not use any Career Landings logo or other proprietary graphic, trademark or service mark as part of a link without express written permission from Career Landings. When you use the Career Landings System and its content for an authorized purpose, you must include all proprietary notices without changing or hiding them.
You agree that you will not use the Career Landings System in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Career Landings System or interfere with any other party's use and enjoyment of the Career Landings System.
No Resale of the Career Landings System
Without Career Landings' express written consent, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Career Landings System, use of the Career Landings System, or access to the Career Landings System.
Registration
You shall: (a) provide true, accurate, current, and complete information about yourself as prompted by the Career Landings System's registration page (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Career Landings has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Career Landings may suspend or terminate your use of the Career Landings System and refuse any and all future use of the Career Landings System.
Passwords
If you register as a Career Landings System user, you will create a password. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Career Landings of any unauthorized use of your registration or password.
Termination
Career Landings or its parent, in its sole discretion, may terminate your use of the Career Landings System for any reason, including, without limitation, if Career Landings believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Career Landings may also in its sole discretion and at any time discontinue providing the Career Landings System and its service, or any part thereof, with or without notice. Career Landings is not liable to you or any third-party for any termination of your access to the Career Landings System or its service.
Indemnity
You agree to indemnify and hold Career Landings, and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Career Landings System or its service, your connection to the Career Landings System, your violation of these Terms, or your violation of any rights of another. Career Landings reserves the right, at its 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 Career Landings in asserting any available defenses.
Dealings with Advertisers, Affiliates or Partners
Your correspondence or business dealings with, or participation in promotions of, advertisers, affiliates or partners found on or through the Career Landings System, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, affiliate or partner. You agree that Career Landings is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, affiliates or partners on the Career Landings System.
Links
The Career Landings System may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Career Landings control Career Landings makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Career Landings or its parent, with respect to such sites. Career Landings IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE Career Landings WEBSITE ITSELF.
No Warranty
THE Career Landings SYSTEM AND ITS SERVICE ARE PROVIDED "AS IS," AND Career Landings AND ITS PARENT, SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Career Landings AND ITS PARENT DO NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE Career Landings SYSTEM OR THE SERVICE WILL WORK PROPERLY OR WILL BE AVAILABLE CONTINUOUSLY. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Career Landings SYSTEM OR ITS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Career Landings OR THROUGH OR FROM THE Career Landings SYSTEM OR ITS SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
Liability Limits
IN NO EVENT WILL Career Landings OR ITS PARENT, SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE Career Landings SYSTEM, ITS SERVICE OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL Career Landings OR ITS PARENT, SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Modifications to these Terms
Career Landings reserves the right to modify these Terms periodically, without prior notice. Please check these terms periodically for changes. Any such revisions, amendment, or modifications will be effective upon the posting of such change on the Career Landings website. Continued use of the Career Landings System by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE Career Landings SYSTEM.
Privacy Statement
Your privacy is important to Career Landings. Please review our Privacy Statement, the terms of which are incorporated herein by reference.
International Use
Career Landings makes no representation that the Career Landings System or its service 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 Career Landings System or use its service from other locations do so on their own initiative and are responsible for compliance with local laws.
General
All matters relating to your access to and use of the Career Landings System are governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. By using the Career Landings System or its service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in DuPage County, Illinois. If any portion of this TU&S is deemed unenforceable, that portion will be enforced to the maximum extent possible and the remaining portions of the TU&S will be given full effect. Career Landings' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Career Landings and its parent will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this TU&S. Career Landings may require registration and/or payment to continue use of any aspect of the Career Landings System at any time. These Terms constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of these Terms.
BY USING THE Career Landings SYSTEM OR ITS SERVICE, YOU ACCEPT THESE TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THESE TERMS FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SYSTEM OR ITS SERVICE.
Contact Information
If you have any questions about these terms of usage and service, the practices of this site and service, or your dealings with the website, you can contact us in the following ways:
Click here for an email form,
Or mail us at:
Career Landings
c/o Encephalo Associates, Inc.
631 S. Stough St., Hinsdale, IL 60521
|
|
|
|
