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Privacy Reminder -- Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers. Learn more This page states the Terms of Use ("Terms") under which You (as defined below) may use www.Monster.com ("Monster.com"), an on-line service to post and search employment opportunities and User (as defined below) resumes. Monster.com features Monster Networking, an on-line community designed to facilitate valuable professional and personal networking among its Users based on common experiences and interests. Monster.com also allows Users to create individual profiles, which may include personal information (�Profiles�), and to make these Profiles, or aspects thereof, public. These Terms include the Monster Privacy Statement and the MyMonster Premium Fee Policy, each of which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use Monster.com and its services. By using Monster.com, You agree to be bound by these Terms, including the Monster Privacy Statement, and, if applicable, the MyMonster Premium Fee Policy. Monster, Inc. ("Monster") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing Monster.com for any reason. The term �post� as used herein shall mean information that You submit, publish or display on any Monster Site (as defined below).
1. Eligibility.
2. Use of Monster Content. You agree not to sell or modify the Monster Content or reproduce, display, publicly perform, distribute, or otherwise use the Monster Content in any way for any public or commercial purpose, in connection with products or services that are not those of Monster.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Monster or its licensors, that dilutes the strength of Monster's or its licensor�s property, or that otherwise infringes Monster's or its licensor�s intellectual property rights. You further agree to in no other way misuse Monster Content that appears on this Site. The use of the Monster Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Monster creates to generate or display any Monster Content or the pages making up any Monster Site is also protected by Monster's copyright and you may not copy or adapt such code.
3. Monster Site Restrictions. Users are also prohibited from violating or attempting to violate the security of any Monster Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Monster Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Monster 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.
4. Specific Prohibited Uses. Monster specifically prohibits any other use of Monster.com, and all Users agree not to do any of the following: (a) post any jobs on any Monster Site for any competitor of Monster or post jobs or other content that contains links to any site competitive with Monster; (b) post jobs or content on any Monster Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any Monster Site; (d) use any Monster Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Monster Resume Database to sell or promote any products or services; (e) use Monster Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any Monster Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any Monster Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any Monster Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any Monster Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Monster Site other than the search engine and search agents available from Monster on such Monster Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Monster Site; (m) aggregate, copy or duplicate in any manner any of the Monster Content or information available from any Monster Site, without express written consent from Monster; or (n) frame or link to any Monster Content or information available from any Monster Site. Monster does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Monster may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information. Monster reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by Monster or by third parties. Please see Monster's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms, Monster does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Monster.com or any other Monster Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. You understand and acknowledge that you have no ownership rights in your MyMonster Account, and that if you cancel your MyMonster Account, all your account information from Monster, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Monster's databases and will be removed from any public area of the Monster Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Monster�s web servers. In addition, third parties may retain cached copies of your Information.
6. User Content and Submissions. By posting User Content to any public area of any Monster Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to Monster and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any Monster Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Monster Site retains any and all rights that may exist in such User Content. Monster acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Monster may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Monster Site. Monster reserves the right to expel Users and prevent their further access to the Monster Sites and/or use of Monster services for violating the Terms or applicable laws, rules or regulations. Monster may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Monster, damage Monster�s brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers. Monster does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The following is a partial list of User Content that is prohibited on the Monster Sites. The list below is for illustration only and is not a complete list of all prohibited User Content. Content that:
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs. In order to protect our Monster Networking Users from commercial advertising or solicitation, Monster reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Monster deems appropriate in its sole discretion. Each candidate made available through the Skilled and Hourly section of Monster.com has taken skills interview(s) offered by Monster. The results of each skilled and hourly candidate's skills interview are not evaluated by Monster and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to Monster and may be changed from time to time in Monster's discretion. The skills interview(s) do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Monster does not independently verify the information provided by candidates or the identity of candidates. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Monster may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and the Monster Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Monster. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Monster shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
7. Registration and Password.
8. Additional Terms Applicable to Monster Networking.
9. Additional Terms Applicable to MyMonster Premium (b) Premium Products. MyMonster Premium products are only accessible to Premium Members. The list of Premium products includes, but is not limited to, Resume Enhancements, Priority Resume Listings, Job Search Tutorials, Career Fit Indicator Test, and the ability to store five additional job search agents and five additional resumes over a Basic Membership. These product offerings are subject to change at any time with or without notification. (c) Premium Cancellation. A User will retain access to the Premium features provided that he or she continues to pay a monthly fee for this access. The User may terminate his or her membership as a MyMonster Premium Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link and following the provided instructions. If you cancel your MyMonster Premium account within 3 business days from date of purchase, Monster will provide a full refund. If however, you cancel your MyMonster Premium account thereafter you will not be entitled to any refund of fees. (d) Premium Termination by Monster. If Monster terminates your MyMonster Premium account membership because You have breached these Terms or Monster is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.
10. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement. We have designated April Jodoin as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Monster Sites. You can contact April as follows:
11. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
12. Monster's Liability. Monster Networking provides a venue for individuals to network for professional purposes and Monster does not screen or censor the Profiles or User Content on Monster.com. Monster is not involved in the actual communications between Monster Networking Users. As a result, Monster has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on Monster.com and makes no representations about any Profile or User Content on Monster.com. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through Monster.com and/or the other Monster Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Monster.com and/or the other Monster Sites. Because User authentication on the Internet is difficult, Monster cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Monster Site, in the event that You have a dispute with one or more Users, You release Monster (and our agents and employees) 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. 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." The Monster Sites and the Monster Content may contain inaccuracies or typographical errors. Monster makes no representations about the accuracy, reliability, completeness, or timeliness of any Monster Site or the Monster Content. The use of all Monster Sites and the Monster Content is at your own risk. Changes are periodically made to Monster Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Monster Sites. Employers are solely responsible for their postings on Monster Sites. Monster is not to be considered to be an employer with respect to your use of any Monster Site and Monster shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Monster Site. Monster cannot guarantee and does not promise any specific results from use of Monster.com or any Monster Site. No advice or information, whether oral or written, obtained by a User from Monster or through or from Monster.com or any other Monster Site shall create any warranty not expressly stated herein.
13. Disclaimer of Warranty. 14. Disclaimer of Consequential Damages. IN NO EVENT SHALL MONSTER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MONSTER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MONSTER SITE AND THE MONSTER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Limitation of Liability.
16. Links to Other Sites.
17. No Resale or Unauthorized Commercial Use.
18. Indemnity.
19. General.
20. Additional Terms.
21. MonsterLearning.
22. Term and Termination These Terms constitute a binding agreement between You and Monster, and is accepted by You upon your use of the Monster Site. By clicking �I agree� you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
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