Effective Date: May 28, 2013
ACCEPTANCE OF TERMS OF SERVICE
Contact and Electronic Communications. By accessing the LiveCareer Applications or Services, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. When you provide us with contact information in connection with a particular activity or product or otherwise when using our Services, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided on documents you submit to us and you attest that you have the legal authority over any contact information you provide to us, including your mobile or other telephone number, and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. Please keep contact information up to date: you are solely responsible for any contact information you provide to us.
YOUR USE OF THE LIVECAREER APPLICATIONS
Use of Our Services. LiveCareer provides career enhancing services, such as resume and cover letter building, resume checking, editing services, employment, education, workforce and other career information, testing, job seeking opportunities, and other career enhancing tools for individuals seeking to further their career.
User Obligations. In consideration of your use of the LiveCareer Applications, you represent and agree that you over the age of 18 or are of legal age to form a binding contract in the jurisdiction where you legally reside and are not a person barred from receiving our Services and will provide true, accurate, current and complete information about yourself. LiveCareer reserves the right to deny, in its sole discretion, any user access to the LiveCareer Applications or Services without notice for any or no reason.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account for any LiveCareer Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify LiveCareer immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by LiveCareer). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
In using our Services you agree that you will not:
SERVICES PROVIDED BY LIVECAREER
LiveCareer provides various services to assist you in advancing your career, including without limitation:
Resume, Cover Letter and Interview Services. LiveCareer provides various tools and individual services to assist you in creating your resume and cover letters and to provide advice and training on job search and career enhancing techniques.
Testing Services. LiveCareer provides various testing services to help you evaluate and enhance your career.
LiveCareer Interactive Forums and Services. LiveCareer may provide interactive forums which may include bulletin boards, job matching, messaging, public posting, personal urls, branding or other mechanisms designed to enable you to communicate with others or to post resumes, cover letters, photographs, profiles or other content (collectively, “User Content”) on the LiveCareer Applications (collectively, “ LiveCareer Interactive Forums and Services”). You agree that all such User Content you submit, post, upload, embed, display or communicate (collectively, “Distribute”) through LiveCareer Interactive Forums and Services will conform to these Terms. You acknowledge and agree that your User Content Distributed via LiveCareer Interactive Forums and Services, including without limitation our Resume Posting, JobTap, and Job Alerts Services, is public and that you have no expectation of privacy concerning your use of LiveCareer Interactive Forums and Services or your User Content. If you have an idea or information that you want to remain confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any portion of the LiveCareer Applications or use any LiveCareer Interactive Forums and Services that permit sharing or posting to third parties through LiveCareer Applications. LIVECAREER IS NOT RESPONSIBLE FOR ANY USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH LIVECAREER APPLICATIONS.
Job Alerts. LiveCareer may provide job alerts or may use third parties and automated search engines to provide job alerts, matching employment opportunities found on third party job searching sites with your resume or Career Profile, job search requests submitted by you, and/or other usage data relating to your use of LiveCareer Applications. LiveCareer tries to match the information available to ensure employment opportunities presented to you in Job Alerts match the type of career opportunities desired by you but LiveCareer makes no guarantee that you will receive career opportunities or job alert leads you desire.
LiveCareer Email and Filtering Services. LiveCareer may provide an email address to use on our servers for use as part of your contact information ("LiveCareer Email Address") and which may also be required to use with some of our Services. LiveCareer will also filter your personal email address when posting your resume, JobTap Profile or Career Profile to third party career sites by creating a unique personal identifier (“Unique ID”) for access through LiveCareer Applications so that your emails will be filtered prior to being forwarded to your email address to help prevent unwanted spam. By using our Services, you give LiveCareer the permission and power in its sole discretion to (i) choose which emails are filtered as spam and which are forwarded to your email inbox, (ii) append or alter the content of emails sent to you, and (iii) store copies of your emails on its servers. We do not guarantee that all spam will be blocked from being forwarded to your email inbox, or that all legitimate email will be delivered to your email inbox. If you suspect that legitimate email has been erroneously filtered as spam, please contact us at customerservice@LiveCareer.com.
Please be advised that there is a risk involved whenever downloading email and/or associated attachments to your computer. LiveCareer may not be able to detect or repair viruses, or control or foresee any potential damages from using your LiveCareer Email Address or our Services that include a Unique ID. LiveCareer assumes no responsibility for the deletion or failure to store, deliver, or deliver email in a timely manner. Additionally, LiveCareer, in its sole discretion, and without prior notice may place limits on the amount of email a user may send, receive and/or store on or through its servers in any period of time for any reason whatsoever. You acknowledge that LiveCareer makes no guarantees or warrantees of any kind related to LiveCareer Email Services or its Unique ID and if you use a LiveCareer Email Address or our Services you are solely responsible for all acts or omissions that occur under your LiveCareer account or password, including the content of your transmissions through the LiveCareer Applications. Your election to use our Services is completely at your own risk and that LiveCareer accepts no responsibility whatsoever for any damages caused by your decision to use our Services.
LiveCareer considers email transmitted via the LiveCareer Applications to be the private correspondence of the sender and recipient and will not generally monitor, review or disclose the contents of your email correspondence, except: (i) as required by law; (ii) if necessary to enforce these Terms; (iii) to respond to claims that such contents violate the rights of third parties; (iv) as necessary for the maintenance, monitoring and quality assurance of the operations of the LiveCareer Applications; or (e) to protect the rights, safety, or property of LiveCareer, its third party service providers, or others, as determined in LiveCareer’s sole discretion.
JobTap Services. JobTap is a LiveCareer Interactive Forum designed for active job seekers who want to find a new job. JobTap matches potential individuals to employers by streamlining the job search process using proprietary web based information gathering tools to create an application derived from the information you provide when registering for Services, information submitted by you in your User Content (including your resume), information you provide in our job applicant information forms (“JobTap Forms”), Usage Information, or other information you otherwise submit to us and will take that information to create a JobTap Profile which will be visible to potential employers as well as visitors to JobTap Services. To accomplish the submission of your JobTap Profile in the multiple formats required by third party prospective employers, LiveCareer may interpret some of the information provided on the JobTap Forms, or you have otherwise provided, in order to provide the information LiveCareer believes is required by prospective employers. LiveCareer tries to match the information available to ensure employment opportunities presented to you match the type of career opportunities desired by you but LiveCareer makes no representation regarding the prospective employers nor guarantees that you will receive leads you desire. Employers will use the contact information you have provided to contact you by email and/or SMS text message to your mobile device and by using the JobTap Services you expressly agree to be contacted either through LiveCareer Applications or directly by an employer, or its agents, by the contact information you provide. By using our JobTap Services you agree that you will take full responsibility and are personally liable for any consequences arising from your use of the JobTap Services. LiveCareer (i) is not involved in the actual transaction or relationship between a potential employer and any individuals, (ii) is not an agent for any potential employer and any individuals, and (iii) has no responsibility for, control over or liability related to recruiting, hiring or any other decisions related to employment with respect to the users of its Services. JobTap is a public forum: if you want your job search to remain confidential do not use JobTap Services. LIVECAREER IS NOT RESPONSIBLE FOR ANY USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH LIVECAREER APPLICATIONS. Only individuals seeking employment directly for themselves may use JobTap Services.
Mobile Services. Use of the LiveCareer Applications through a mobile device may cause data regarding your use of our Services to be displayed on and through that mobile device. By accessing the LiveCareer Applications using a mobile device, you represent that to the extent you import any of your information to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider (“Mobile Service Provider”). In the event you change or deactivate your mobile account, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so or to provide current correct information is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the LiveCareer Applications through your Mobile Service Provider. In addition, our Services may not be available on all mobile devices or through all Mobile Service Providers.
Modification to Services. LiveCareer has the right to add, delete or modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of LiveCareer in providing its Services, is to stop using those Services.
Third Party Services. You may be able to access other sites or resources through links on the LiveCareer Applications. Because LiveCareer has no control over such third party sites and resources, you acknowledge and agree LiveCareer is not responsible for the availability of those sites or resources, does not endorse, nor is responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials (collectively, “third party services”) available from, or for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any third party services available on or through any such sites or resources.
LIVECAREER FREE AND SUBSCRIPTION SERVICES
LiveCareer Free Services. LiveCareer’s free Service provides many features, including without limitation, access to informational content, informative testing services, resume and cover letter services which reference resume templates, resume examples, pre-written descriptions, professional designs, and other organizational tools and access to automated editing features to help create unlimited resumes and cover letters, as well as services that post resumes and career profiles and provide job matching services to help you find job opportunities. With the free Service users can use some LiveCareer Interactive Forums and Services and share all available versions of their resumes on various social networking sites and can print out a txt version of their resumes and cover letters. Limit one LiveCareer account per person.
LiveCareer Subscription Service. LiveCareer’s Subscription Service provides added features to LiveCareer’s free Service, including without limitation, additional informational content such as Interview Expert, the ability to print, download and email resumes and cover letters in all available versions using multiple formats and designs, and additional access to other LiveCareer Services which may become available from time to time, such as enhanced posting or job matching services, various Premium Services, LiveCareeer Email Services, and certain LiveCareer Interactive Forums and Services, and other LiveCareer or third party career services as stated in any Subscription Service offer you accept. Limit one LiveCareer account per person.
LiveCareer Premium Services. Premium Services such as Resume Review, Resume Writing, Premium Career Reports and Cover Letter Writing are Services but are available for additional fees as available from time to time and as indicated in the applicable offer for those Services and are not included in the cost of LiveCareer Subscription Services.
SUBSCRIPTION FEES; CHARGES ON YOUR BILLING ACCOUNT; REFUND POLICY
LiveCareer Service Fees. If you sign up for a LiveCareer Subscription ("Subscription Service") LiveCareer will bill you for the term of service offered from time to time which you selected, (e.g. 4 weeks (28 days), monthly or annual terms (“Subscription Term”) and will bill you the applicable term rate (“Subscription Fee”) using the billing information you provide (your "Billing Information") for use of the Subscription Service. You agree to pay LiveCareer all Subscription Fees and other charges at the prices then in effect for your use of the Subscription Service and/or Premium Services, using your Billing Information, including any applicable taxes, and you authorize LiveCareer to charge your chosen payment provider (your "Payment Method") for the Subscription Services, including the recurring Subscription Fees for the Subscription Term you select. You agree to make payment using your selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If LiveCareer does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method we may re-present such un-cleared or rejected payment to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. LiveCareer reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
Fees. All fees/prices are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, and other connection charges. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. Payments by Canadian customers are subject to applicable taxes (GST or HST).
Free or Introductory Promotional Offers: If you enrolled in our Subscription Service under a special introductory trial offer (for example, a discounted or free initial trial), you hereby acknowledge that unless you cancel your trial the applicable fee for the Subscription Term selected will be posted to your Payment Method on the day after the trial period is completed. In order to receive any refund for a charge made after you have cancelled you may be required to evidence proof of cancellation.
Limitation on Re-activation: : You agree that there is one (1) introductory or trial offer for use per subscriber/email address. You further agree that if and when you choose to re-activate and continue your Subscription, your account will re-activate at the then current Subscription Fee charged for the applicable Term. Use of multiple introductory or trial offers by you is prohibited and LiveCareer reserves the right to charge you one regular monthly or 4 week fee for each additional trial used by you after the first, even if each subsequent trial is cancelled within the stated trial period.
Cancellation. You can cancel your Subscription at any point during your current subscription Term to avoid subsequent fees being billed by contacting Customer Care by emailing firstname.lastname@example.org, or by logging into your account and clicking the “My Settings” and “Subscription” tabs. If you cancel a subscription Term which is longer than one month you will receive a pro-rata refund based upon any full months left on your Subscription Term and your Subscription will continue through the rest of the current month. Partial months are not refunded. ALL CHARGES FOR SUBSCRIPTION TERMS OF 4 WEEKS, 30 DAYS OR ONE MONTH ARE NON-REFUNDABLE REGARDLESS OF THE AMOUNT OF TIME LEFT ON THE SUBSCRIPTION TERM.
NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION WITHOUT OBLIGATION WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU BECOME A SUBSCRIBER.
Current Information Required. You must promptly notify LiveCareer if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by logging onto your account and clicking the “My Settings” and “Overview” or “Subscription” tabs. If you fail to provide LiveCareer any of the foregoing information, you agree that LiveCareer may continue charging you for any use of the Subscription Service under your Billing Information unless we have evidence that you have terminated your Subscription. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Third Party Fees, including for SMS Texts. You understand that you are solely responsible for all charges associated with the sending or receiving messages from LiveCareer or third party Career Service Providers or potential employers, including any fees for text messages which you may choose to receive as part of our Services for JobTap communications or other Services and any such charges will be determined by agreements between you and your Mobile Service Provider or other third party service provider. You can opt-out of receiving text messages at any time by replying STOP to any text you receive or logging into your account and clicking My Settings and following the instructions regarding visibility preferences.
YOUR USER CONTENT
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through LiveCareer Applications, you automatically grant (and you represent and warrant that you have the right to grant) to LiveCareer, its licensees, and their respective successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the LiveCareer Applications, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content solely in connection with the LiveCareer Applications (“License”). This License will enable each user of the LiveCareer Applications to access your User Content as permitted through the functionality of the LiveCareer Applications and under these Terms. This License includes the right to filter, modify or adapt your User Content in order to transmit, display or Distribute it over computer networks and other third party career sites, and to allow third parties to access User Content through LiveCareer Applications, as provided in these Terms. By way of further explanation, LiveCareer would not be able to perform many of the services we offer without your granting LiveCareer these rights. For example, without the right to "adapt," we would be unable to make the necessary changes to the User Content so that the User Content meets our technical criteria; without the right to reproduce, we would be unable to make copies of User Content on our servers to post the User Content on our Site or third party sites. As noted, this license is non-exclusive (so you can license your User Content to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your User Content) and sublicenseable through multiple tiers (so that we can use our Service Providers or others to provide Services).
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content that you submit or Distribute through the LiveCareer Applications to the extent that you have such rights under applicable law. By providing User Content on LiveCareer Applications you represent and warrant that you own such User Content or otherwise have the right to grant us the License set forth in these Terms; that the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on LiveCareer Applications is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and LiveCareer will have no liability in connection with your User Content or any other User Content you access through the LiveCareer Applications. Your ownership in your User Content does not confer any rights of access to the LiveCareer Applications nor any rights to other User Content or LiveCareer Content stored by or on behalf of LiveCareer.
Deletion or Deactivation of User Content/Account. You may request that we delete resumes and cover letters by logging into your account and clicking on the “My Settings” and “Resumes" or "Letters” tabs. You can also change your profile settings for your JobTap Profile by logging into your account and clicking “My Settings” or following other instructions or contacting us at customerservice@LiveCareer.com. All other User Content can only be deleted from public view by deactivating or deleting your account by going to your account and clicking the “My Settings” and “Overview” tab. When you request that your User Content be deleted your resume or profiles will no longer be we visible to users from LiveCareer Applications but if your User Content, including your personal information, was previously accessed by others using LiveCareer Applications, we are unable to delete the information from their systems. When you deactivate your account or ask that we delete your User Content on LiveCareer Applications we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties on LiveCareer Applications but which might be used for recordkeeping and internal purposes including enforcing these Terms, as well as for demographic and research purposes.
Monitoring of User Content. LiveCareer has no obligation to monitor or confirm the accuracy of User Content. However, LiveCareer reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. LiveCareer specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any LiveCareer Interactive Forums or LiveCareer Applications. If you encounter something you find objectionable and in violation of these Terms, you can report it to customerservice@LiveCareer.com
No Confidentiality for User Content. You acknowledge and agree that your User Content posted via the Communications Services is public and that you have no expectation of privacy or confidentiality concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by LiveCareer and others and result in unsolicited communications. LiveCareer is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
PROPRIETARY RIGHTS IN LIVECAREER CONTENT
Ownership of LiveCareer Content and Marks. The Services, and all material published on or accessible through LiveCareer Applications, including, but not limited to text, tests, photographs, video, text, graphics, music, images, animations, audio, text, software, plug-ins, “applets” incorporated into the software, data, sounds, messages, comments, and other materials on the LiveCareer Applications (together “LiveCareer Content”) is owned by LiveCareer or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. LiveCareer owns a copyright in the selection, coordination, arrangement and enhancement of such LiveCareer Content and a copyright in the LiveCareer Applications. All trademarks, logos, service marks, trade names, and trade dress appearing on the LiveCareer Applications (“Marks”), are proprietary to LiveCareer or its licensees. You acknowledge that you do not acquire any ownership rights in any LiveCareer Content or Marks downloaded from LiveCareer Applications. You may not frame or utilize framing techniques to enclose any Mark or LiveCareer Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing LiveCareer’s name or Marks without the prior express written consent of LiveCareer. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any LiveCareer Applications or any of the Marks or LiveCareer Content, in whole or in part, without the prior written consent or LiveCareer. LiveCareer grants you a limited, revocable, non-sublicenseable license to access (but not through scraping, spidering, crawling or other technology or software used to access data), and display the LiveCareer Content (excluding any software code) solely for your use in connection with accessing and using the LiveCareer Applications and Services as reasonably necessary to use LiveCareer Applications for their intended purpose. LiveCareer reserves all rights not expressly granted in and to the Marks, LiveCareer Content and LiveCareer Applications.
No Other License Granted. Except for allowing you to use the LiveCareer Applications and Services for your use as set forth in the paragraph above, when you use the LiveCareer Applications or Services, you are not receiving a license or any other rights from LiveCareer, including intellectual property or other proprietary rights of LiveCareer. You understand that you have no rights to the LiveCareer Content, LiveCareer Applications or Services or any other LiveCareer property except as indicated in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Filing a Complaint: LiveCareer has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. Further we reserve the right to remove any User Content on the LiveCareer Applications which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on LiveCareer Applications which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on LiveCareer Applications. If you believe any materials on LiveCareer Applications infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
North America LiveCareer, Inc., acting on behalf of LiveCareer UK Limited
635 Madison Avenue
New York, N.Y. 10022
Attention: c/o H. Williams, DMCA Designated Agent
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE LIVECAREER APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING LIVECAREER APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE LIVECAREER APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT LIVECAREER MAKES NO WARRANTY THAT THE LIVECAREER APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT LIVECAREER DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE LIVECAREER APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE LIVECAREER APPLICATIONS, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR SUBSCRIPTION, IF APPLICABLE, SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN AND DISCONTINUE ACCESSING AND USING THE LIVECAREER APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVECAREER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE LIVECAREER APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE LIVECAREER APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE LIVECAREER APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. LIVECAREER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE LIVECAREER APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL LIVECAREER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE LIVECAREER APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE LIVECAREER APPLICATIONS OR A LINKED SITE.
User Authentication. LiveCareer provides venues for individuals to network for professional and personal purposes and LiveCareer has no obligation to screen or censor Career Profiles, JobTap Profiles, Job Alerts or User Content or any content on or accessible through LiveCareer Applications nor does LiveCareer confirm each user’s identity or control the behavior of participants who use LiveCareer Applications. You acknowledge that you are solely responsible for, and LiveCareer will have no liability in connection with your User Content or any other User Content you access through the LiveCareer Applications, including verification of any and all information contained in any User Content, including, without limitation, confirming employment history and checking references, and that LiveCareer is not responsible for correcting any information provided to any third party. Because LiveCareer does not and cannot be involved in user-to-user dealings or control the behavior of participants on LiveCareer Applications, in the event that you have a dispute with one or more users, you release LiveCareer 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.
No liability for accumulated Content. When using the LiveCareer Applications, you may accumulate content that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in LiveCareer’s sole discretion with or without notice and with no liability of any kind. You acknowledge that, notwithstanding any rights you may have with respect to User Content you or we Distribute using LiveCareer Applications, you have no ownership rights in your account and if you cancel your account or your account is terminated all your account information, including resumes, profiles, cover letters, saved employment opportunities, emails, forms, questionnaires, tests or other information (“Account Information”) may be deleted. LIVECAREER DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY ACCOUNT INFORMATION RESIDING ON LIVECAREERS’ SERVERS AND HAS THE RIGHT TO DELETE SUCH ACCOUNT INFORMATION AT ANY TIME FOR ANY REASON.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIVECAREER OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, LOST EMPLOYMENT OPPORTUNITY, BUSINESS INTERRUPTION, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LIVECAREER APPLICATIONS OR THE SERVICES, EVEN IF LIVECAREER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN LIVECAREER’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE ONE MONTH PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the LiveCareer Applications or using the Services and agree to indemnify and hold LiveCareer, and its parent, subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the LiveCareer Applications or Services, our use, pursuant to these Terms, of any User Content or contact information you provide (including if you provide any false contact information or User Content that violates the rights of any third parties), and/or your violation of these Terms, applicable law, or the rights of any third party.
You further acknowledge and agree that (i) you will be solely responsible for your own compliance with any applicable federal, state and local laws, rules and regulations, including but not limited to laws relating to labor and employment, affirmative action compliance, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; (ii) LiveCareer is not a party to any employment agreement or other agreement entered into as a result of or otherwise in connection with your use of the LiveCareer Applications or Services (iii) LiveCareer shall not have any liability or obligations under or related to hiring decisions, employment agreements or other agreements between, or acts or omissions by, users of the LiveCareer Applications or Services.
In particular, you acknowledge and agree that you are solely responsible for the employment opportunities accessible on or through LiveCareer. You acknowledge that LiveCareer is not an employer with respect to your use of the LiveCareer Applications or Services, and LiveCareer is not responsible for any employment decisions, for whatever reason, made by you through the LiveCareer Applications or Services.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Term and Termination. These Terms, as they may be modified as set forth herein, will remain in full force and effect while you use the Services or LiveCareer Applications. LiveCareer can suspend or terminate your access to the LiveCareer Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Access to Services. LiveCareer reserves the right to perform regular or planned or unplanned maintenance to our Services and LiveCareer Applications due to improvements or bugs, and you may or may not be notified of these changes before they occur. LiveCareer also reserves the right to change, modify, discontinue, suspend or abandon the LiveCareer Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The LiveCareer Applications and Services are serviced by service providers in the United States, Canada and other countries. LiveCareer makes no representations that the LiveCareer Applications or Services are appropriate or available for use in any particular location. Those who access or use the LiveCareer Applications and/or Services do so at their own volition and are responsible for compliance with local laws.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
RESOLUTION OF DISPUTES
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and LiveCareer, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care department at 1-888-816-0576, or by e-mailing customerservice@LiveCareer.com. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND LIVECAREER EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and LiveCareer agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; the LiveCareer Content and Services accessible from LiveCareer Applications; claims that may arise after the termination of your Subscription; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. ("Claim(s)") which cannot be settled through Customer Care refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to LiveCareer shall be sent to the following address: LiveCareer UK Limited, 7 Albemarle Street, London, United Kingdom, W1S 4HQ. All notices to users of LiveCareer Applications may be sent to the email provided in the user’s account and/or the user’s postal address. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or LiveCareer may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of New York, and for any non-frivolous claim that does not exceed $10,000 LiveCareer will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event LiveCareer prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms and policies incorporated herein ("Policies") are the sole agreements between you and LiveCareer. LiveCareer may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of LiveCareer to partially or fully exercise any rights or the waiver of LiveCareer of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by LiveCareer or be deemed a waiver by LiveCareer of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of LiveCareer under these Terms, its policies and any other applicable agreement between you and LiveCareer shall be cumulative, and the exercise of any such right or remedy shall not limit LiveCareer's right to exercise any other right or remedy.
If you have any questions about these Terms or the practices of LiveCareer, please send your email queries to customerservice@LiveCareer.com or write to LiveCareer UK Limited, 7 Albemarle Street, London, United Kingdom, W1S 4HQ.