Terms and Conditions Agreement
("StatsCareers", "COMPANY," "WE," "US") PROVIDES THIS
WEB SITE AND ALL SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE RELATED
THERETO (COLLECTIVELY, THE "SITE"), SUBJECT TO YOUR COMPLIANCE WITH THE
TERMS AND CONDITIONS SET
BEFORE USING THIS SITE. By using the Site, you agree to be bound by these terms
and conditions. If you do not agree to these terms and conditions, please do
not use the Site.
This Agreement is made between the Company and you, the Site visitor and/or
registered user ("you"). We reserve the right at any time to:
the terms and conditions of this Agreement;
the Site, including eliminating or discontinuing any content on or feature of
the Site, restricting the hours of availability or limiting the amount of use
any fees or charges for use of the Site, including instituting new or increased
fees or charges for the use of the Site or any other Site-related services or
any feature thereof.
changes we make will be effective immediately upon notice, which we may provide
by any means including, without limitation, posting on the Site or via
electronic mail. Your use of the Site after such notice will be deemed
acceptance of such changes. Be sure to review this Agreement periodically to
ensure familiarity with the most current version. Upon our request, you agree
to sign a non-electronic version of this Agreement.
must be at least 13 years of age to use the Site.
SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE
RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE
MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, StatsCareers.com AND ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER
StatsCareers.com ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES
ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE
StatsCareers.com AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO
NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE
SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND
MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO
ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF StatsCareers.com OR ITS
SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS,
WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF
THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN
acknowledge that the Site could include inaccuracies or errors, or materials
Additionally, you acknowledge that unauthorized additions, deletions and
alterations could be made by third parties to the Site. Although the Company
attempts to ensure the integrity and the accuracy of the Site, it makes no
guarantees whatsoever as to the Site's completeness or correctness. In the
event that such a situation arises, please contact us at Terms
of Use of with, if possible, a description of the material to be
checked and the location (URL) where such material can be found on the Site, as
well as information sufficient to enable us to contact you. We will try to
address your concerns as soon as reasonably practicable. For copyright
infringement claims, see the section on "Claims of Copyright Infringement".
Site is only a venue allowing for the posting by employers, recruiters and
staffing agencies (hereinafter referred to collectively as �employers�), and
the Company, of privately submitted and publicly available job opportunities
including but not limited to those at their companies or companies they
represent and by candidates of their own resumes. The Company does not evaluate
or censor the resumes, job listings or other information posted to the Site.
Moreover, the Company is not involved in the actual transaction, if any,
between potential employers and candidates. Consequently, we have no control
over the quality, safety or legality of the job listings or resumes posted to
the Site, the truth or accuracy of such job listings or resumes, the ability of
employers to hire candidates or the ability of candidates to fill job openings.
user authentication on the Internet is difficult, the Company cannot and does
not confirm that users are who they claim to be. Because we do not and cannot
be involved in user-to-user transactions or control the behavior of the Site's
users, in the event that you have a dispute with one or more Site users, you
release StatsCareers.com (and its subsidiaries, affiliates, agents and employees)
from all claims, demands and damages (actual and consequential, direct and
indirect) of any kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such
disputes. You acknowledge that there may be certain risks, including but not
limited to the risk of physical harm and of dealing with strangers, underage
persons or people acting under false pretenses, associated with pursuing
relationships begun on the Internet. You assume all risks related to dealing
with other users with whom you have had contact through the Site.
acknowledge and agree that you are solely responsible for the form, content and
accuracy of any resume, job listing or other material you post to the Site. The
Company neither warrants nor guarantees that a resume or job posting will be
viewed by any specific number of users, or that a resume or job listing will be
viewed by any user. We are not to be considered as an employer with respect to
your use of the Site and we shall not be responsible for any employment
decisions made by any entity posting job listings or resumes to the Site.
2004 StatsCareers.com. All Rights Reserved.
Site, including all pages within and all code related thereto, is the property
of StatsCareers.com. No portion of the materials or code on these pages or anywhere
on the Site may be reprinted or republished (other than as is necessary to view
the page on your monitor) in any form without the express written permission of
Site is owned and operated by us in conjunction with others pursuant to
contractual arrangements. Unauthorized use of the materials on the Site may
violate copyright, trademark, patent and other laws and is prohibited. You
acknowledge that you do not acquire any ownership rights by using the Site.
StatsCareers.com NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS
OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY
PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO
STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL
AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Site may contain links to other web sites operated by third parties, other than
affiliates of the Company ("Linked Sites"). We neither control nor endorse such
other web sites, nor have we reviewed or approved any content that appears on
the Linked Sites. You acknowledge that when you click on a link to visit a
Linked Site, a frame may appear that contains the Company logo, advertisements
and/or other content selected by the Company. You acknowledge that the Company
and its sponsors neither endorse nor are affiliated with the Linked Sites and
are not responsible for any content that appears on the Linked Sites. You also
acknowledge that the owner of the Linked Site neither endorses nor is
affiliated with the Company and its sponsors.
WHERE PROHIBITED; INDEMNIFICATION
the Site is accessible worldwide, not all products or services discussed,
referenced or made available on the Site are available to all persons or in all
geographic locations or jurisdictions. We make no representation that materials
in the Site are appropriate or available for use in locations outside the
. Those who choose to access the Site from other locations
do so on their own initiative and at their own risk and are responsible for
compliance with local laws if and to the extent local laws are applicable. The
Company reserves the right to limit the availability of the Site and/or the
provision of any product or service described thereon to any person, geographic
area, or jurisdiction it so desires at any time and in our sole discretion and
to limit the quantities of any such product or service that we provide.
agree to indemnify, defend and hold us, our affiliates, sponsors, officers,
directors, employees, agents and representatives harmless from and against any
and all claims, damages, losses, costs (including reasonable attorneys' fees),
or other expenses that arise directly or indirectly out of or from (a) your
breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c)
your activities in connection with the Site or Site-related services.
using the Site or Site-related services, you agree not to do any of the
following without our prior written authorization:
any inaccurate, untimely, stale, incomplete or misleading information.
any employment opportunity or requirements that are inaccurate or not available
with a verifiable company that is directly represented by your office.
any employment opportunities that are not technology-related, or are outside a
technology-related field or organization.
code (by overuse of a skill set, term or definition within a job posting,
profile, resume or otherwise in an effort to gain priority placement of a
posting), copy other job postings as your own, post the same position multiple
times on the Site or post multiple positions within one posting.
any contact information within a job posting that is different from or in
addition to contact information provided when subscribing to the StatsCareers
any employment opportunity that does not contain a company URL, e-mail address
or "apply online" application.
or make available to any person not expressly licensed by StatsCareers, whether
via phone, fax, e-mail, mail or any other medium, any of the StatsCareers services
or any information obtained therefrom, including without limitation the
Hotlist, resumes or candidate information.
passwords, login information or named user identification or otherwise allow
multiple offices or users to access the StatsCareers service on a basis that is
other than what was originally subscribed for. A named user is defined as one
unique individual user with one unique password. An office is defined as a
location where a named user routinely accesses or uses the StatsCareers service
under express license from StatsCareers.
any search engine, software, tool, agent or other device or mechanism,
including without limitation browsers, spiders, robots, avatars or intelligent
agents (other than those made available by StatsCareers on the Site or other
generally available third party web browsers, e.g., Netscape Navigator or
Microsoft Internet Explorer), to navigate or search the Site.
job postings or employment requirements to remain posted on the Site for more
than 24 hours after they are no longer viable or valid. To the extent that a
position is placed on "hold" or is otherwise not available for immediate
placement, the posting must be removed from the Site until such time as the
position is a viable opening.
in spamming, flooding, soliciting or mass marketing via e-mail, direct mail,
telephone, or otherwise to StatsCareers job seekers or subscribers.
or imply that any statements you make are endorsed by us.
any person or entity, including, without limitation, a StatsCareers employee or
agent, a user of StatsCareers's services, including a candidate, placement
specialist or an employer, or otherwise misrepresent your affiliation with any
person or entity.
to a job listing on behalf of anyone other than yourself.
or revise any material posted by any other person or entity.
or inhibit any other user from using and enjoying the Site and services,
including, without limitation, by means of "hacking" or defacing any portion of
or transmit (a) any incomplete, false or inaccurate biographical information or
information that is not your own accurate resume (i.e., the resume of a living
individual seeking employment on a full-time or part-time basis on his or her
own behalf); (b) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable
or harmful, or that infringes on our or any third party's intellectual property
or other rights; (c) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication; (d) any information or software that contains a virus, worm,
Trojan horse or other harmful or disruptive component; (e) any trade secret of
any third party; or (f) any material, nonpublic information about companies
without the authorization to do so.
the Site for any unlawful commercial, research or information gathering
send, or place unsolicited e-mail, telephone calls, mailings or other contacts
to posting individuals and entities.
adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site.
any copyright, trademark, or other proprietary rights notices contained in the
or "mirror" any part of the Site.
to any page of or material on the Site other than the URL located at http://www.StatsCareers.com/
any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine," or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or its contents.
out or otherwise copy or use any personally identifiable information about
candidates for purposes other than consideration of the candidates for
potential employment by your company.
assumes no responsibility or liability for any personnel selected by your
company. Selection, retention or hire of any individual or entity is based
solely on your company's investigation, verification and determination that
such hire is suitable for your company's purposes.
company agrees to and will hold the Company harmless from any claims, damages
or losses incurred by your company or any other party as a result of your use
of the StatsCareers system.
agree to comply with all applicable laws, rules and regulations in connection
with your use of the Site and Site-related services.
Company has no obligation to monitor the Site or Site-related services,
including any forum, or any materials that you or other third parties transmit
or post on to the Site. However, you acknowledge and agree that the Company has
the right (but not the obligation) to monitor the Site and Site-related
services, including any forum, and the materials you transmit or post, to alter
or remove any such materials (including, without limitation, any posting to the
Site), and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to operate the Site properly, to
protect itself, its sponsors, its registered users and visitors, and to comply
with legal obligations or governmental requests. The Company reserves the right
to refuse to post or to remove any information or materials, in whole or in
part, that it deems in its sole discretion to be unacceptable, offensive or in
violation of this Agreement. The Company also reserves the right to prohibit
any user who, in the Company's sole discretion, violates the Code of Conduct or
other terms of this Agreement from using the Site and related services. Such
prohibition may occur without notice to the user.
products or services are made available at the Site, and if you wish to license
or make purchases of products or services described on the Site, you may be
asked by us or the applicable merchant or service provider to supply certain
information, including but not limited to credit card or other information. If
you submit such information to us, you understand that any such information
will be treated by Company in the manner described in our
to us or any such merchant or service provider will be accurate, complete and
current. You agree to pay all charges incurred by you or any users of your
account and credit card or other payment mechanism at the prices in effect when
such charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases. Moreover, you agree to review and
to comply with the terms and conditions of any specific agreement, if any, that
you enter into with the merchant and/or service provider in connection with the
licensing or purchase of any product or service.
our designees and we host job boards and other forums found on the Site and
elsewhere and, therefore, redistribute materials you give us, we require
certain rights in those materials. Therefore, by sending or transmitting to us
resources, information, ideas, notes, concepts, trademarks, service marks or
other materials (including, but not limited to, job postings) (collectively,
"Content"), or by posting such Content to any area of the Site, you grant us
and our designees a worldwide, non-exclusive, sub-licensable (through multiple
tiers), assignable, royalty-free, perpetual, irrevocable right to link to,
reproduce, distribute (through multiple tiers), adapt, create derivative works
of, publicly perform, publicly display, digitally perform or otherwise use such
Content in any media now known or hereafter developed. You hereby grant the
Company permission to display your logo, trademarks and company name on the
Site and in press and other public releases or filings. Further, by submitting
Content to the Company, you acknowledge that you have the authority to grant
such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
None of the Content is endorsed by the Company, and the Company cannot and does
not make any representations with respect to the truth or reliability of the
Content. The Company reserves the right to remove any Content, in whole or in
part, from the Site.
between the Company and the users of the Site are not confidential.
USE OF SECURE AREAS AND PASSWORDS
areas of the Site may require you to register with us. When and if you
register, you agree to (a) provide accurate, current, and complete information
about yourself as prompted by our registration form (including your e-mail
address) and (b) to maintain and update your information (including your e-mail
address) to keep it accurate, current, and complete. You acknowledge that
should any information provided by you be found to be untrue, inaccurate, not
current, or incomplete, we reserve the right to terminate this Agreement with
you and your use of the Site.
As part of the registration process, your user name will be your email address
and you will be asked to select a password. We may refuse to allow you to use a
username that impersonates someone else, may be illegal, may be protected by
trademark or other proprietary rights law, is vulgar or otherwise offensive, or
may cause confusion, as determined by us in our sole discretion. You will be
responsible for the confidentiality and use of your password and agree not to
distribute, transfer or resell your use of or access to the Site to any third
party. If more than one individual wishes to use a single password belonging to
a registered user, such registered user must request permission from the
Company in writing, it being understood that the Company shall be under no
obligation to approve any such request. If you are a job seeker who has reason
to believe that your account with us is no longer secure, you must promptly
change your password by updating your account information from the "My
StatsCareers" tab of the Site and immediately notifying us of the problem via
email addressed to our Security Department.
If you are a customer who has reason to believe that your account with us is no
longer secure, you must promptly contact Customer Support via email addressed
to Support. YOU ARE SOLELY AND ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD
AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT.
OF COPYRIGHT INFRINGEMENT
Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under
copyright law. If you have a good faith belief that materials hosted by us
infringe your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. The notice must include
the following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly being infringed upon; (b) identification of the copyrighted work
claimed to have been infringed upon (or if multiple copyrighted works located
on the Site are covered by a single notification, a representative list of such
works); (c) identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably sufficient to
allow us to locate the material on the Site; (d) the name, address, telephone
number, and e-mail address (if available) of the complaining party; (e) a
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send
us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see
details. Notices and counter-notices with respect to the Site should be sent to
the Site Administrator. We suggest
that you consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under the DMCA.
Agreement is entered into in the State of
and shall be governed by and construed in accordance with the laws of the State
, exclusive of its choice of law rules. Each party to this
Agreement hereby submits to the exclusive jurisdiction of the state and federal
courts sitting in the
in the State of
for any dispute arising under or in connection with this Agreement, the Site or
any Site-related services, and waives any jurisdictional, venue or inconvenient
forum objections to such courts. In any action to enforce this Agreement, the
prevailing party will be entitled to costs and attorneys' fees. In the event
that any of the provisions of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provisions shall
be limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable. Failure of any
party to insist upon strict compliance with any of the terms and conditions of
this Agreement shall not be deemed a waiver or relinquishment of any similar
right or power at any subsequent time.
Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or oral
agreements heretofore existing between the parties hereto are expressly
canceled. This Agreement is not assignable, transferable or sub-licensable by
you except with prior written consent. Any heading, caption or section title
contained in this Agreement is inserted only as a matter of convenience and in
no way defines or explains any section or provision hereof. The Company
reserves the right in its sole discretion to terminate the use of the Site by a
user at any time.
Current rates for our services may be obtained by sending an email to the
StatsCareers Sales Department. We reserve the right to change fees,
surcharges, monthly or other periodic subscription fees or to institute new
fees at any time as provided in this Agreement.