Employer Terms of Use

Last revised: January 2020

Welcome to the websites and online services of scouting.careers LLC and scouting.careers Advertising LLC (“scouting.careers,” “we,” or “us”). These Terms of Use (the “Terms”) explain the terms and conditions by which you may use our online services, mobile services, websites, and scouting.careers related sites and applications (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Service. These Terms include the scouting.careers Privacy Policy, which is incorporated by reference herein.

These Terms constitute a binding agreement between you and scouting.careers and are deemed accepted by you each time that you use or access the Service. If you do not accept the Terms, do not use the Service.

We may revise these Terms at any time by notifying you as provided herein. If we significantly amend these Terms, we will give you at least seven (7) days’ notice before the changes take effect by sending a notice to the email address registered in your account, or by placing a prominent notice on our websites, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms or Privacy Policy, do not use (or continue to use) the Service. YOU MUST BE 18 YEARS OF AGE OR OLDER OR OTHERWISE BE ABLE TO FORM A BINDING CONTRACT USE THIS SERVICE IN ANY MANNER. . When using this Service on behalf of a company, organization or other entity, then (a) “you” includes you and the applicable entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may not use our Service for reasons that are in competition with scouting.careers.We reserve the right at all times (but will not have an obligation) to suspend and/or terminate any User Account, in our sole discretion.

These Terms contain an Arbitration provision, which will, with limited exception, require you to submit disputes against scouting.careers and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against scouting.careers on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.

1. General Service Information

Any use of the Service must comply with the Terms and all applicable laws, rules and regulations. Users who violate these Terms may have their access and use of the Service suspended or terminated in our sole discretion.

 

By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers; if you do not want to receive email messages, you can opt out or change your email preferences on your account page or by following the opt-out instructions in the email you received at any time.

 

You acknowledge that scouting.careers does not have control over the quality, timing, or legality of the information uploaded to the Service by Job Seekers. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions ofJob Seekers. We do not refer or recommend Candidates or Employers, nor do we make any representations about the integrity, responsibility or actions of Candidates or Employers whether in public, private or offline interactions.

2. User Accounts

You may control your account information and how you interact with the Service by changing the settings in your account. When creating your account or uploading information to the Service through your account, you represent and warrant that you will provide accurate and complete information. You represent to scouting.careers that you are an employer interested in considering the person on the relevant resume as a potential employee.

 

You are solely responsible for the activity that occurs on your account and must keep your account password secure. Please use a “strong” password (consisting of a combination of upper and lower case letters, numbers and symbols) with your account and notify us immediately of any breach of security or suspected unauthorized use of your account. We will not be liable for any losses caused by unauthorized use of your account.

 

Again, you are responsible for all activity, acts or omissions by any of your personnel or agents that create an Account to use the Services (an “Authorized User”). Accounts may not be shared between different personnel. You shall ensure that Authorized Users comply with these Terms, and shall promptly notify us of any suspected or alleged violation, including any unauthorized use of any password or account or any other known or suspected breach of security. You shall cooperate with respect to: (i) any investigation by scouting.careers of any suspected or alleged violation of these Terms and (ii) any action by scouting.careers to enforce these Terms. We may suspend or terminate an Authorized User’s access to the Services in the event that we reasonably determines that such Authorized User has violated these Terms or appears likely to do so. Furthermore, you shall be liable to scouting.careers for any violation of these terms by an Authorized User.

3. Prohibited Conduct

In using the Service you shall not, and shall not authorize any other party to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) generate automated, fraudulent or otherwise invalid impressions or clicks; or (xiv) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. Violation of these policies may result in immediate termination of your account without notice and may subject you to legal penalties and consequences.

 

We may, without prior notice, change the Service or stop providing the Service or features of the Service, to you or to Users generally. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of the Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

 

Users may post content such as job and company information, application information, logos, trademarks, comments, questions, and other content or information (“User Content”). You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post may not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right to reject and/or remove any User Content that we believe violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

Furthermore, You agree you shall not transmit to scouting.careers or site any Harmful Code or use or misappropriate the data on the website. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, Users may not:

 

• Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: (1) sending messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law; (2) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; (3) data mining any scouting.careers property to find contact information; (4) sending messages to Users who have asked not to be contacted; (5) selling, exchanging or distributing to a third party the contact information of any person without such person’s knowing and continued consent to such disclosure; or (6) using the Resume Database in contravention to policy, as determined by scouting.careers and indicated by low response rates from those persons contacted.
• Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
• Conduct or forward pyramid schemes and the like
• Transmit content that may be harmful to minors
• Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
• Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
• Use the website to violate the legal rights (such as rights of privacy and publicity) of others
• Promote or encourage illegal activity
• Interfere with other Users’ enjoyment of the website
• Create multiple User Accounts in connection with any violation of these Terms or create User Accounts by automated means or under false or fraudulent pretenses
• Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any scouting.careers account
• Modify, adapt, translate, or reverse engineer any portion of the website
• Remove any copyright, trademark or other proprietary rights notices contained in or on the website
• Reformat or frame any portion of the web pages that are part of the website without scouting.careers’s explicit permission
• Contact other Users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics we consider detrimental to its Users, in our sole discretion
• Create multiple User Accounts without permission
• Bypass any limitations or suspensions of functionality
• Provide false information in the course of using the website

scouting.careers reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam and other fraudulent uses of our websites. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some Users.

 

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that our use of your User Content in accordance with these Terms will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

 

scouting.careers takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content.

4. License to User Content

You expressly grant, and represent and warrant that you have a right to grant, to scouting.careers a royalty-free, sub-licensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, display, and make derivative works of any User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed that you input or upload to the Service. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new features. The foregoing license, and our ability to use, transfer or share any personal information contained within any User Content, shall be subject to our Privacy Policy. This license continues even if you stop using our Service, but some potions of our Service may offer you ways to access and remove content that has been provided to that portion of the Service. To the extent your User Content is a trademark or service mark protected by U.S. law, the foregoing license extends solely to the use by scouting.careers to identify you as a Service User as contemplated by the Service and the feature by which you provide such trademark or service mark.

5. End User License Grant

Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sub-licensable, freely revocable, license to use the Service. We reserves all rights not expressly granted herein to the Service and our Content, as defined below. We may terminate this license at any time.

 

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “scouting.careers Content”), and all Intellectual Property Rights related thereto, are the exclusive property of scouting.careers and its licensors. Except as explicitly provided herein, nothing in theseTerms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the scouting.careers Content or materials on the Service for any purpose not expressly permitted by the Terms and are strictly prohibited.

 

Any feedback, comments, or suggestions you may provide regarding us or the Service are entirely voluntary and we are free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Paid Services

Billing Policies

 

By using our paid services, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. All pricing and payment shall be stated and made in United States Currency. scouting.careers is not responsible for taxes or fees related to currency conversion. scouting.careers may add new services for additional fees and charges, or amend fees and charges for existing services, at any time. Any change to the Fee Schedule shall become effective in the billing cycle following notice of such change to you as provided in these Terms.

 

All invoices created by us for work performed and delivered to you shall be based on our calculations and measurements or a mutually agreed upon source. In addition, all payments will be based upon our calculations and measurements or a mutually agreed upon source and not based upon you solely, or your clients. You are not responsible for advertising payments generated beyond the maximum amount set on a controlling Insertion Order. scouting.careers represents and warrants that all payment information and reporting is truthful and accurate, that scouting.careers will maintain the accuracy of such information.

 

All payments will be made by credit card approved in advance unless agreed upon otherwise or credit is approved. If we approve credit for you, payment terms shall be net 15 days from the last day of the previous month. For cases in which you pay with a credit card, you expressly agree not to “charge back” any amounts charged by scouting.careers on your credit card account. You agree to follow dispute resolution agreement as specified in this Agreement.

 

scouting.careers will charge Partner’s credit card within five (5) days after the end of the month in which the payment obligation accrued. scouting.careers may retain a third-party service provider to process payments.

 

If you fail to make payments when due, scouting.careers reserves the right to immediately terminate any and all active campaigns. Any amounts not paid when due, shall be assessed a finance charge of 1.5% per every 30 days or the legal maximum, whichever is less.

 

You must report any discrepancy related to its campaign to us within five (5) days of the occurrence of such discrepancy. scouting.careers is not liable for any discrepancies not reported within this time frame and Partner waives all right, title, and intent to dispute payment to scouting.careers based on any discrepancy not reported within this time frame. All discrepancies must be reported to scouting.careers.

 

All payments must be made in U.S. funds. You understand and agree that in no event, and under no circumstance will data provided by any scouting.careers representative constitute final billing numbers. Only invoices officially provided to scouting.careers are to be construed as representative of billable amounts.

 

We agree to stop the Partner’s campaign temporarily (“Pause”) with a written request from the Partner. If you wish to terminate the campaign early, you agree to abide by the cancellation procedures set forth below. Any cancellation notice will be based on the date the written notice was received by us.

 

Termination of Services

 

In the absence of contrary terms in an Insertion Order, Sales Agreement, or other agreement to use the Our Programs and/or Services, you may independently cancel by giving notice under this agreement at any time (such cancellation is generally effective within 48 hours of our receipt of the cancellation notice). We may immediately cancel any Program or alter or terminate these Terms at any time with notice to you. Upon cancellation or termination, payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. You agrees that all cancellation notices must be submitted in accordance with either by physical delivery or via electronic mail).

 

No Refunds

 

You may cancel your User account at any time, however there are no refunds for cancellation. In the event that we suspend or terminate your account or these Terms due to your breach of these Terms, you recognize and agree that you will not receive a refund or be able to exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account or for anything else.

 

Payment Information; Taxes

 

All information that you provide in connection with a purchase or other monetary transaction with the Service must be accurate, complete and current. You agree to pay all charges incurred by users or your credit card, debit card or other payment method used in connection with a purchase or monetary transaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or monetary transactions. Delinquent payments will bear interest at the rate of one and one half percent per month or the highest rate permitted by law from the payment due date until paid in full. You will be responsible for all reasonable expenses, including attorneys’ fees, incurred in the collection of a delinquent amount, unless such amount is due to billing inaccuracy.

7. General Use

You are solely responsible for ensuring that your use of the Service is in compliance with applicable law. You represent and warrant that you will not use the Service to post any position containing inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You also agree not to use the Service to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting.

 

Your Account

 

When you create an Account to post a job opening, in addition to posting on our websites, we will make reasonable efforts to distribute your job posting to the third-party services indicated on the Service, as we may update them from time to time (“Providers”). You acknowledge and accept that we do not control the Providers and we provide no guarantee that your job post will be accepted by a particular Provider. You understand thatwe or our Providers may reject your posting for any reason. You agree that we are not liable to you or any third party in the instance where your posting is rejected or not posted by Providers. By posting your job, you give us permission to distribute your post to current and future Providers. You acknowledge and agree that scouting.careers is not responsible and explicitly disclaims all liability for Providers, including without limitation their availability, operations, features and functionality.

 

Job Listings

 

You understand and agree that we may, without liability or penalty, remove any Job Listing, content, communication or information posted,for any reason, in our sole discretion. Reasons may include, a determination that the Content violates or may violate: these Terms; any applicable law, rule or regulation; may adversely affect scouting.careers; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.

 

Without limiting the generality of the foregoing, we reserve the right (but are under no obligation) to remove any job listings that directly or indirectly discriminates against applicants. Direct discrimination means that a job listing specifically makes it clear that they only want applicants that match a certain criteria, thereby excluding others because of their gender, race, age or disability. Indirect discrimination means that a job listing implicitly excludes certain classes of applicants by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any job listings that contain direct or indirect discrimination.

 

Please note: Section 230 of the U.S. Communications Decency Act provides that:

 

(1) Treatment of publisher or speaker

 

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

 

(2) Civil liability

 

No provider or user of an interactive computer service shall be held liable on account of-

 

(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected;

 

or

 

(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

 

Resume Database Access

 

If you are accessing our Resume Database, then subject to these Terms, we hereby grant you a limited, revocable, non-transferable, non-exclusive right to access the Resume Database from the Service for the limited purpose of viewing and/or downloading a single copy of available paper resumes solely for use by you as an Employer. When you access the Resume Database as an Employer, you represent and warrant that you will comply with the following rules regarding Resume Database access:

1. The Resume Database shall only be used by an Employer User for the purpose of seeking employees for Employer.
2. The Resume Database shall not be used to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Employer’s or a third party’s products or services.
3. Employer shall implement appropriate physical, technical, and administrative measures to protect the data within the Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.
4. The Database shall only be used and accessed by Employer in accordance with privacy, data protection and other applicable laws and regulations and in accordance with our Privacy Policy. You also agree that you shall not further disclose any data from the Resume Database to any third-party, unless you are an authorized recruitment agency, staffing agency, or other agency that is an Authorized User and are using the resume explicitly for employment purposes.
5. Employer shall respect the privacy choices of Job Seekers who have uploaded their information to the Resume Database.
6. The Resume Database shall not be used in any way that, in our sole discretion, adversely affects our business, the performance of the Service, or interferes with the ability, of others to access the Resume Database.

8. Privacy

By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States in accordance with the conditions specified in our Privacy Policy. Additionally, you agree to use any personal data shared with you through the Service States in accordance with the conditions specified in our policy.

9. Security

Although the integrity and security of your personal information is important to us, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10. DMCA Notice and Trademark Infringement

scouting.careers respects the intellectual property rights of others and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe in good faith that materials hosted by scouting.careers infringe your copyright, you (or your agent) may send us a written notice requesting that the material be removed, or access to it blocked, including the following information as required by 17 USC. § 512(c)(3)(A):

1. An electronic or physical signature of a person authorized to act on behalf of the owner;
2. Identification of the work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Service;
4. Information reasonably sufficient allow us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the owner or are authorized to act on behalf of the owner.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send scouting.careers a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. The above information must be submitted to the DMCA Agent at the following:

 

Attn: Legal Department

Email: [email protected]

Address: scouting.careers LLC, 8000 Jarvis Ave, Suite 120, Newark, CA 94560

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. In accordance with the DMCA and other applicable law, our policy is to terminate, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any User who infringers the intellectual property rights or others, whether or not there is repeat infringement.

11. Third-Party Links and Services

The Service contains links to third-party websites, advertisers, services, or other events or activities that are not owned, operated or controlled by scouting.careers. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You explicitlyreleasescouting.careers from any and all liability arising from your use of any third-party website, service, or content. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. We will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

12. Indemnity

You agree to defend, indemnify and hold harmless scouting.careers LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any section of the Terms, including, without limitation, any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damage that arises as a result of User Content submitted via your account; or (vi) any other party’s access to and use of the Service via your User Account. We shall provide notice to you promptly of any such claim, suit or proceeding.

13. Disclaimer of Warranty

TO THE FULLEST EXTENT POSSIBLE BY LAW, scouting.careers DOES NOT WARRANT THAT ANY SITE OR THE SERVICE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, scouting.careers IS NOT RESPONSIBLE FOR THOSE COSTS. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, scouting.careers DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. scouting.careers MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MONSTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY AN EMPLOYER OR THIRD PARTY THROUGH THE OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND AN EMPLOYER OR THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.

14. Disclaimer of Consequential Damages

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL scouting.careers, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE BE LIABLE FOR ANY 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 THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT scouting.careers IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL scouting.careers, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL scouting.careers BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, scouting.careers ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL scouting.careers, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.

 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF scouting.careers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

The Service is controlled and operated from the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable United States local and federal laws, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

16. Arbitration Agreement and Opt-Out

Unless you opt-out pursuant to the opt-out procedures set forth herein, you agree that any and all disputes or claims that have arisen or may arise between you and scouting.careers or its affiliates, whether relating to the Service, these Terms (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with this Arbitration Agreement. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and scouting.careers. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in herein, you and scouting.careers may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

Restrictions

 

You and scouting.careers agree that any arbitration shall be limited to the Dispute between scouting.careers and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

You and scouting.careers agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

17. 30 Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section by sending written notice of your decision to opt-out to our contact information listed at the bottom of this Agreement. The notice must be sent within thirty (30) days of your registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

18. Governing Law and Location

You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over scouting.careers, either specific or general, in jurisdictions other than California, which is where the Service is controlled and operated from. This Terms of Use Agreement and any Disputes shall be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement by the laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and scouting.careers related to these Terms shall be located in Santa Clara County, California.

19. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by scouting.careers, without restriction.

20. Relationship of the Parties

Nothing in these Terms shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

21. Notifications

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. scouting.careers is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

22. Entire Agreement/Severability/No Waiver

These terms, together with any amendments and any additional agreements you may enter into with scouting.careers in connection with the Service, shall constitute the entire agreement between you and scouting.careers concerning the Service. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Contact

If you have any questions about this Terms of Use Agreement, the practices of this site, or your dealings with this website, please contact us at [email protected]