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Terms and Conditions 1. Introduction. Please
read this page carefully. It contains the terms and conditions (the
“Terms and Conditions”) governing your access to and use of the WorkRocket Web Sites and the Services (as each are defined
below) provided by WorkRocket, INC or one
of its divisions (collectively, “WorkRocket”).
If you do not accept these Terms and Conditions or you do not meet or
comply with their provisions, you may not use the WorkRocket
Web Sites or Services. These Terms and Conditions are effective as of
February 3, 2010. 2. Binding Agreement. These
Terms and Conditions (as they may be amended from time to time by WorkRocket), together with your Service Activation Agreement
(if applicable), form a binding agreement (the "Agreement")
between you and WorkRocket. Your access to or
use of the WorkRocket Web Sites or Services
indicates your acceptance of these Terms and Conditions. You are agreeing
to use the Sites at your own risk. 3. Certain Definitions.
The following definitions apply to this Agreement: 3.1 “WorkRocket
Materials” includes any materials, methodologies,
implementation plans or other intellectual property used during the provision
of Services. 3.2 “WorkRocket
Web Site” or the “Site” (collectively, the “WorkRocket
Websites” or the “Sites”) means any web
site under WorkRocket’s control, whether partial
or otherwise and includes such Site’s Content, Text, Graphics, Design,
Programming, WorkRocket Materials and Services
(as applicable in each context). 3.3 “Content” includes all Text, Graphics, Design and Programming used on
the Sites. 3.4 “Design” includes the color combinations and the page layout of the
Sites. "Programming" includes both client-side code (HTML, JavaScript,
etc.) and server-side code (Active Server Pages, VBScript, databases,
etc.) used on the Sites. 3.5 “Document” refers to any posting to a Site, whether job or resume. 3.6 “Employer” means a person or entity that is accessing a Site to post
a job or utilizing the Services for any reason related to the purpose
of seeking candidates for employment. 3.7 “Employer Materials” includes any brochures, emails, sample job postings,
web site content, career fair material, audio, videos, photographs, logos,
trademarks, service marks, domain names, documents or other materials
provided by Employer, if any, for use in connection with the Services. 3.8 “Graphics” includes all logos, buttons, and other graphical elements
on the Sites, with the exception of paid advertising banners. 3.9 “Job Seeker” means a User who is accessing a Site to search for a job or
in any other capacity except as an Employer. 3.10 “Services” means any services provided by WorkRocket
or its agents described herein and specified more fully in the Service
Activation Agreement. 3.11 “Text” includes all text on every page of the Sites, whether editorial,
navigational, or instructional. 3.12 “User” refers to any individual or entity that uses any aspect of
the Sites. 3.13 “You” or “you” means the person who (or the entity on behalf of whom you are
acting) that is agreeing to these Terms and Conditions. 4. Intellectual Property Rights and Acceptable Use of the Sites
and Services. 4.1 General Use Rules.
The Sites are intended for individuals seeking employment and for employers
or recruiters seeking candidates for employment. You may use the Sites
only for lawful purposes within the stated context of WorkRocket's
intended and acceptable use of the Sites. WorkRocket
is the sole interpreter of the Sites’ intended and acceptable use. 4.2 WorkRocket Intellectual Property
Rights. The Sites, the
WorkRocket Materials and all right, title and
interest in and to the Sites and WorkRocket
Materials are the sole property of WorkRocket
or its licensors, and are protected by United States and foreign copyright,
trademark and other laws. Except for the limited licenses expressly granted
to you in these Terms and Conditions, WorkRocket
reserves for itself and its licensors all other rights, title and interest.
Without limitation on the foregoing, you may not reproduce, modify, display,
sell, or distribute the Content or WorkRocket
Materials, or use them in any other way for public or commercial purpose.
Notwithstanding anything to the contrary contained herein, this prohibition
includes: (a) copying or adapting the HTML code used to generate web pages
on the Sites; (b) using or attempting to use engines, manual or automated
software, tools, devices, agents, scripts robots or other means, devices,
mechanisms or processes (including, but not limited to, browsers, spiders,
robots, avatars or intelligent agents) to navigate, search, access, “scrape,”
“crawl,” or “spider” any web pages or any Services provided on the Sites
other than the search engine and search agents available from WorkRocket
on such WorkRocket Sites and other than generally
available third party web browsers (e.g., Internet Explorer, Firefox,
Safari); and (c) aggregating, copying or duplicating in any manner any
of the Content or information available from any of the WorkRocket
Sites, without the express written consent of WorkRocket.
The use of the Content on any other web site or in a networked computer
environment for any purpose is strictly prohibited. The
WorkRocket Materials are not considered to be works for hire
and you may duplicate such WorkRocket Materials
only for the purposes outlined in the Service Activation Agreement. "WorkRocket," “Personified”, the WorkRocket
design logo and certain other names or logos are service marks or trademarks
of WorkRocket, and all related product and service
names, design marks and slogans are the service marks or trademarks of
WorkRocket. In addition, the "look" and "feel"
of the Sites (including color combinations, button shapes, layout, design
and all other graphical elements) are also protected by WorkRocket's trademarks, service marks and copyrights. Any
code that WorkRocket creates to generate or
display the Content or the pages making up the Sites is also protected
by WorkRocket’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained
on the Content or WorkRocket Materials on any
authorized copy you make of the Content or WorkRocket
Materials. All other product and service marks contained on the Sites
are the trademarks of their respective owners. 4.3 License to Use by Users who are Job Seekers. WorkRocket hereby grants you a limited,
terminable, non-exclusive right to access and use the Sites only for your
personal use seeking employment opportunities for yourself. This authorizes
you to view and download a single copy of the material on the Sites solely
for your personal, noncommercial use. You agree that you are solely responsible
for the content of any Document you post to a Site and any consequences
arising from such posting. Your use of the Sites is a privilege. WorkRocket reserves the right to suspend or terminate that
privilege for any reason at any time, in its sole discretion. 4.4 License to Use by Users who are Employers. WorkRocket hereby grants you a limited,
terminable, non-exclusive right to access and use the Sites only for your
internal business use seeking candidates for employment. This authorizes
you to view and download a single copy of the material on the Sites solely
for your personal use directly related to searching for and recruiting
job prospects. WorkRocket also grants you a
limited, terminable, non-exclusive license to use the WorkRocket
Materials and Services for your internal use only. You may not sell, transfer
or assign any of the Services or your rights to any of the Services provided
by WorkRocket to any third party without the
express written authorization of WorkRocket.
You agree that you are solely responsible for the content of any Document
you post to a Site and any consequences arising from such posting. WorkRocket
reserves the right to suspend or terminate your access and use at any
time if WorkRocket determines that you are in breach of these Terms
and Conditions. 4.5 Employer Materials. Employer represents, warrants
and covenants that any Employer Materials provided by Employer for use
in connection with the Services will not violate any laws or regulations
or third-party proprietary rights, including, without limitation, copyright,
trademark, obscenity, rights of publicity or privacy, and defamation laws.
Employer hereby grants WorkRocket a non-exclusive,
worldwide, royalty-free license to use the Employer Materials and to hyperlink
to Employer’s website in connection with the Services. 4.6 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least
13 years of age or older, and if under the age of 18 or the age of majority
as that is defined in your jurisdiction, you will only use the Sites and
Services under the supervision of a parent, legal guardian, or other responsible
adult; and (b) will not use (or plan, encourage or help others to use)
the Sites for any purpose or in any manner that is prohibited by these
Terms and Conditions or by applicable law. It is your responsibility to
ensure that your use of the Sites complies with these Terms and Conditions
and all applicable laws. 4.7 User Submissions. WorkRocket welcomes your comments regarding
the Services and the Sites and appreciates hearing from you. Please note,
however, that WorkRocket does not accept or
consider creative ideas, suggestions, inventions or materials other than
those which it has specifically requested. If you submit feedback on the
Services, please be specific in your comments and do not submit creative
ideas, inventions, suggestions, or materials. If, despite this notice, you send
WorkRocket creative suggestions, ideas, drawings,
concepts, inventions, or other information (a "User Submission"),
you understand and agree that the User Submission shall become the property
of WorkRocket. User Submission and any elements contained in
User Submissions, shall not be subject to any obligation of confidentiality
on WorkRocket’s part, and WorkRocket will not be liable for any use or disclosure of
any User Submission. WorkRocket shall exclusively
own all now known or later discovered rights to the User Submission and
shall be entitled to unrestricted use of the User Submission for any purpose
whatsoever, commercial or otherwise, without compensation to you or any
other person. 5. Third Party Providers. You acknowledge and agree that WorkRocket
may provide the Services using third party providers, including subcontractors
and consultants (the “Third Party Providers”). You agree that, as between
WorkRocket and its Third Party Providers, WorkRocket will have sole responsibility for handling all
billing and contract negotiations. 6. Disclaimers and Limitations on WorkRocket's
Liability. 6.1 Allocation of Responsibility WorkRocket assumes no responsibility
for Documents posted by Users and no responsibility for the activities,
omissions or other conduct of Users. WorkRocket
acts as a portal for the online distribution and publication of User submitted
information and has no obligation to screen communications or information
in advance and is not responsible for screening or monitoring Documents
posted by Users. If notified by a User of a Document which allegedly does
not conform to these Terms and Conditions, WorkRocket
may investigate the allegation and determine in good faith and in its
sole discretion whether to remove or request the removal of such Document.
WorkRocket has no liability or responsibility to Users for
performance or nonperformance of such activities. WorkRocket
may take any action with respect to User submitted information that it
deems necessary or appropriate, in its sole discretion. 6.2 No endorsements by WorkRocket. Nothing on the Sites shall be considered an endorsement, representation
or warranty with respect to any User or third party, whether in regards
to its web site, products, services, hiring, experience, employment or
recruiting practices, or otherwise. 6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WORKROCKET, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT
OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WORKROCKET
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE SITES. (b) WITHOUT LIMITATION ON THE FOREGOING: (i) WORKROCKET DOES NOT WARRANT THAT
THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, WORKROCKET IS NOT RESPONSIBLE FOR THOSE
COSTS. (ii) WorkRocket makes
no representations or guarantees regarding the truthfulness, accuracy,
LEGALITY, completeness, timeliness or reliability of any Documents posted
by Users, or of any other form of communication engaged in by Users. Documents
may contain inaccuracies or typographical errors. You agree that any reliance
on Documents posted by Users, or on any other form of communication with
Users, will be at your own risk. (iii) WorkRocket makes no representations or guarantees regarding the Content
of the SiteS, including, but not limited to, broken links, inaccuracies
or typographical errors. (iv) WORKROCKET MAKES NO REPRESENTATIONS
OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS
OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. WORKROCKET DOES
NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED,
POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE
OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS,
FOR WHATEVER REASON MADE, MADE BY YOU. 6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE
RELIEF. (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS
AND FOR YOUR CONDUCT ON AND OFF THE SITES. (b) IN NO EVENT SHALL WORKROCKET (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS),
BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION)
RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE
USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR
ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT WORKROCKET IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION
OBLIGATIONS DESCRIBED HEREIN. (c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.
IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN WORKROCKET'S
MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED
TO U.S. $200.00 IN THE AGGREGATE. (d) IN NO EVENT SHALL WORKROCKET (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS),
BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00
(OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH WORKROCKET,
THE AMOUNTS ACTUALLY PAID BY YOU TO WORKROCKET UNDER THIS AGREEMENT IF
GREATER THAN US$200.00). (e) Due to the nature
of this Agreement, in addition to money damages, you agree that WorkRocket
will be entitled to equitable relief upon a breach of this agreement by
you. 6.5 User Authentication.
Because User authentication on the Internet is difficult, WorkRocket
cannot and does not confirm that each User is who they claim to be. Because
WorkRocket does not and cannot be involved in User-to-User
dealings or control the behavior of participants on the Sites, in the
event that you have a dispute with one or more Users, you release WorkRocket
from claims, demands and damages (actual and consequential and direct
and indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. 6.6 California Residents.
If you are a California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his or her favor at
the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor." 7. Payment of Services upon Termination of Service Activation
Agreement. If at any time during the course of
this Agreement you should terminate a Service Activation Agreement or
any other services Agreement in which these Terms and Conditions have
been incorporated by reference, then WorkRocket
shall reserve the right to receive all payments from you for the Services
used by you up to termination and for fifty percent (50%) of the remaining
unused portion of the Service Agreement. 8. Links to Other Sites.
WorkRocket contains links to third party web
sites. These links are provided solely as a convenience to you and not
as an endorsement by WorkRocket of the contents
on such third-party web sites. WorkRocket is
not responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials
on such third-party web sites. If you decide to access linked third-party
web sites, you do so at your own risk. 9. Amendments to this Agreement and Changes to Sites. WorkRocket may revise these Terms
and Conditions at any time by updating this page. Changes will be binding
on you on the date they are posted on the Sites (or as otherwise stated
in the any notice of such changes). Any use of a Site will be considered
acceptance by you of the then-current Terms and Conditions (including
any exhibits thereto) contained on such Site. If at any time you find
the Terms and Conditions unacceptable, you may not use the applicable
Site any longer. Any new or different terms supplied by you are specifically
rejected by WorkRocket unless WorkRocket agrees
to them in a signed writing specifically including those new or different
terms. WorkRocket may change the Sites at any
time. 10. Indemnity. You
agree to defend, indemnify, and hold harmless WorkRocket
(and its subsidiaries, affiliates, officers, directors, employees and
agents) from and against any third party claims, actions or demands (including,
without limitation, costs, damages and reasonable legal and accounting
fees) alleging or resulting from or in connection with your use of the
Sites, any Document posted by you, your use of the Services or your breach
of this Agreement. WorkRocket shall use reasonable efforts to provide you prompt
notice of any such claim, suit, or proceeding and may assist you, at your
expense, in defending any such claim, suit or proceeding. 11. User Information and Privacy Policy. 11.1 When you register on any of the WorkRocket
Sites or in connection with the Services, you will be asked to create
an account and provide WorkRocket with certain
information, including but not limited to, a valid email address (“User
Information”). You acknowledge and agree that you have no ownership rights
in your account. 11.2 All User Information will be used in accordance with the terms
of WorkRocket’s Privacy
Policy. Please note, as set forth in the Privacy Policy, that WorkRocket may collect certain
User Information and may contact Users periodically in accordance with
the terms of the Privacy Policy. In addition, WorkRocket
reserves the right to comply, in its sole discretion, with legal requirements,
requests from law enforcement agencies or requests from government entities,
even to the extent that such compliance may require disclosure of certain
User Information. In addition, third parties may retain cached copies
of User Information. 12. Questions and Notices.
Questions concerning the use of the Sites should be directed to admin@workrocket.como. Notices to WorkRocket should be
sent to the address listed on the Sites. We will send notice to you at
the address submitted by you or to such other address as WorkRocket
reasonably determines is an appropriate address for you. 13. General. WorkRocket contact information is listed on the Sites. WorkRocket makes no claims that the Content is appropriate
or may be downloaded outside of the United States. Access to the Content
may not be legal by certain persons or in certain countries, and such
persons have no right to access or use the Sites. If you access WorkRocket
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. This Agreement
and your Service Activation Agreement, if you have one, are governed by
the internal substantive laws of the State of Virginia, without respect
to its conflict of laws principles. Jurisdiction for any claims arising
under this Agreement or your Service Activation Agreement shall lie exclusively
with the state or federal courts in the State of Virginia. The sole relationship
between you and WorkRocket is that of independent
contractors. If any provision of this Agreement is found to be invalid
by any court having competent jurisdiction, the invalidity of all or part
of a provision shall not affect the validity of the remaining parts and
provisions of this Agreement, which shall remain in full force and effect.
All provisions of this Agreement shall survive termination except those
granting access or use to the Sites, and you shall cease all your use
and access thereof immediately. You may not assign or transfer your obligations
under this Agreement. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term.
Except as expressly provided by WorkRocket in a particular "Legal Notice," or material
on particular web pages of the Sites, this Agreement and your Service
Activation Agreement where applicable, constitute the entire agreement
between you and WorkRocket. 14. Rules regarding Posting, Conduct and Security. The following rules apply to your use of the Sites and/or the
Services. The list of rules is for illustration only and is not a complete
list of all posting, conduct and security rules. 14.1 Posting Rules: (a) You may not post any Document to a Site that contains:
(i) URLs or links to web sites (to advertise your company or
web site.); (ii) copyrighted material (unless you own the copyright or
have the owner's permission to post the copyrighted material); (iii) trade
secrets (unless you own them or have the owner's permission to post them);
(iv) material that infringes on or misappropriates any other intellectual
property rights, or violates the privacy or publicity rights of others;
(v) keywords or white text keywords (including any words embedded in the
Document and hidden from the User); (vi) anything that is discriminatory,
sexually explicit, obscene, libelous, defamatory, threatening, harassing,
abusive, or hateful; or (vii) anything that is embarrassing or offensive
to another person or entity. (b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false,
inaccurate or misleading information, opinions or notices (commercial
or otherwise) or chain letters; (iii) post advertisements, or solicitations
of business (including, but not limited to, email processors, any pyramid
scheme or “club membership”); provided, however that WorkRocket
may allow posting of certain business opportunities which require an upfront
or periodic payment or pay commission only in which case WorkRocket
reserves the right, in its sole discretion, to place such posting in a
designated location on its Sites or to remove the posting altogether if
it deems such description deceptive or unsatisfactory to protect its Users.
(c) Your Document(s) must contain sufficient detail to convey
clearly to the User the nature and requirements of the job opportunity,
or, in the case of Users seeking employment, your qualifications as a
candidate for employment. Documents that encourage the User to "email
for more details" are not permitted. Documents from any third party
charging a fee or restricting complete access to all resume information
are prohibited. (d) Job postings must be individual openings for traditional,
W-2 or 1099 employees. (e) Resume postings must contain the accurate resume of a living
individual seeking employment on a full-time, part-time, or contractual
basis on his or her own behalf. (f) WorkRocket is under no obligation
to monitor the Documents posted on the Sites, but it may monitor Documents
at random. Documents found to violate the above Posting Rules may be removed
at WorkRocket's sole discretion. 14.2 Conduct Rules: (a) You may not respond to postings by other Users in any manner
or for any purpose other than that which is expected (i.e., to apply for
the job or to initiate further discussion with the candidate). Communications
soliciting the Employer's business are prohibited. (b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining
the confidentiality of your information and password. You are responsible
for all uses of your registration, whether or not authorized by you. If
others use your password to post inappropriate material on the Sites,
you risk losing your access to the Sites. You agree to notify WorkRocket immediately of any unauthorized use of your registration
and password. (d) Report inappropriate postings or conduct to admin@workrocket.com (e) You may not delete or revise any material posted by any
other person or entity. (f) If at any time WorkRocket comes
to the understanding that you: (i) misled WorkRocket regarding your
business practices and/or services, or (ii) purchased services that do
not represent your precise business, WorkRocket
reserves the right to terminate your Agreement. 14.3 Security Rules: (a) Users are prohibited from violating or attempting to violate
the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into
a server or account which the User is not authorized to access; (ii) attempting
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any User, host or network,
including, without limitation, via means of submitting a virus to the
Sites, overloading, "flooding", "mailbombing"
or "crashing"; (iv) sending unsolicited e-mail, including promotions
and/or advertising of products or services; (v) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting. (b) Violation of these Security Rules may result in civil or
criminal liability. WorkRocket will investigate
occurrences which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved
in such violations. 15. Copyright Complaints. 15.1 WorkRocket respects the intellectual
property of others. It is WorkRocket's policy
to respond to claims of copyright and other intellectual property infringement.
WorkRocket will promptly process and investigate
notices of alleged infringement and will take appropriate actions under
the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying with the
DMCA, WorkRocket may act expeditiously to remove
or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and may act expeditiously to
remove or disable access to any reference or link to material or activity
that is claimed to be infringing. WorkRocket
will terminate access for Users who are repeat infringers. 16. Additional Terms in Connection with Use of Resume Database.
If, in your Service Activation Agreement
with WorkRocket, you are purchasing Resume Database
access, the following additional terms apply to you: 16.1 WorkRocket grants you a limited, personal, terminable,
non-transferable, non-exclusive right to access the WorkRocket Resume Database via the Sites for the purpose of
viewing and/or downloading a single copy of available paper and/or video
resumes (collectively “Resumes”) solely for your use. 16.2 The Resume Database is to be accessed and used solely by you. Upon your
successful registration for Resume Database subscription, you will be
provided with a unique password that will permit you to access the Resume
Database. You may not provide your password or otherwise permit access
to the Resume Database to any third party. You may download, one at a
time, up to either 50 Resumes per day or 300 Resumes per day (per Resume
Database user seat) depending on the Resume Database product purchased
by you in accordance with the terms of your Agreement. Please note that
the term “download” shall include: (i) viewing
or clicking on a Resume page; (ii) saving a Resume to a folder; (iii)
printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a
Resume; and/or (vi) any other action that results or could result in your
use of a Resume or any of the information contained therein. You agree
to protect and keep your password confidential, to change your password
on a regular basis, and to maintain appropriate and regularly updated
malware scanning and cleaning tools on your network and individual computer(s). 16.3 You may not use the Resume Database
in any way which, in WorkRocket’s sole judgment,
adversely affects WorkRocket’s business, business
prospects, the performance or function of any Site or the Resume Database,
or interferes with the ability, of other subscribers to access the Resume
Database. Further, your use of the Resume Database may not interfere or
violate, in any manner, the privacy election of WorkRocket
Job Seekers. 16.4 You may use your subscription to the
Resume Database only for seeking candidates for employment, You are specifically
prohibited from using information contained in the Resume Database to
sell or promote any products or services or to take any other action that
is, in WorkRocket’s sole judgment, inconsistent
with these Terms and Conditions, misleading or incomplete, or in violation
of any Federal, State, Local law, statute, code, rule, or regulation. 16.5 WorkRocket may terminate, suspend, update, alter or supplement, at its sole discretion,
all or any part of the Resume Database at any time. By permitting access
to the WorkRocket Resume Database, WorkRocket does not convey any interest in or to the Resume
Database or any other WorkRocket property or
Services. All right, title and interest in and to the Resume Database
is and shall remain in WorkRocket. |
