USE OF MATERIALS
ResumeSpider authorizes the user to view and download a single copy of the material on the Website solely for personal, noncommercial use.
The contents of the Website, such as the design “look” and “feel” of the Website, text, graphics, images, logos, button icons, software and other “Material”, and the compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of ResumeSpider are protected under both United States and international copyright, trademark and other laws. All Material is the property of ResumeSpider or its content suppliers or customers. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. User must retain all copyright, trademarks, service mark and other proprietary notices contained in the original Material on any copy the user makes of the Material. User may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without approval from ResumeSpider. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
User shall not copy or adapt the HTML or other code that ResumeSpider creates to generate its pages. These codes are also protected by the ResumeSpider copyright.
ResumeSpider is the exclusive owner of the content on the Website. User agrees that the name “ResumeSpider.com” and all associated information on the ResumeSpider.com website, including candidate resumes, are the intellectual property of ResumeSpider, Inc., and their unauthorized use constitutes copyright and trademark infringement. User may print and download portions of the materials solely for user’s noncommercial use. Any other copying, redistribution, publication or retransmission of any portion of the Website material is strictly prohibited without the express prior written permission of ResumeSpider and any third party information provider to the Website. User agrees not to change or delete any proprietary notices from any material downloaded from the Website. User further agrees to grant to ResumeSpider a non-exclusive, royalty-free, worldwide, perpetual license-with the right to sublicense, reproduce, transmit, distribute, create any derivative works of, publicly use or display-any materials or other information, including, but not limited to, ideas, concepts or techniques for new or improved services and products, user publishes to the Website by any means or by any media now known or hereafter developed. User further agrees that any such communication user makes to the Website (whether information, feedback, data, questions, comments, suggestions or the like) shall be deemed not to be confidential. By user’s acceptance of the foregoing terms and conditions, user also grants to ResumeSpider the right to use user’s name in connection with the submitted materials and other information as well as in connection with any and all advertising, marketing and promotional material related thereto. User further agrees and acknowledges that user shall have no recourse against ResumeSpider for any alleged or actual infringement or misappropriation of any proprietary right in user publications or communications to the company.
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. User further agrees not to forward and/or transfer any personal information about a candidate whose resume is posted on this Website (or post any personal information with respect to such a candidate on a website that can be viewed by a third party) without the prior written consent of such candidate.
ACCEPTABLE SITE USE
General Rules for Employers, Recruiters and Career Seekers
This paragraph sets forth the rules that govern user’s use of, and user activity in connection with the Website. ResumeSpider has the further right to prohibit or remove any materials or communications from the Website that ResumeSpider, in its sole and absolute discretion, believes to be in violation of the terms and conditions of this paragraph. The Website is intended only for the professional and business use of retained and contingency search firms, employment agencies, staffing firms, in-house corporate recruiting departments or direct hiring companies with the intent to hire a W-2 employee or a contractor.
The terms and conditions set forth below apply to any interactive area of the Website. Use of, access to, or participation in any of these or any other interactive areas of the Website constitutes acceptance of these legal terms and conditions. User participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by ResumeSpider. ResumeSpider cannot and does not screen all content provided by users of the Website. Notwithstanding the foregoing, ResumeSpider reserves the right to monitor content on the Website and to remove content which ResumeSpider, in its sole and absolute discretion, determines to be harmful, offensive, or otherwise in violation of these policies of operation. In order to maintain an informative and valuable service that meets the needs of the users of the Website and avoids the harm that can result from the dissemination of statements that are false, malicious, in violation of the rights of others, or otherwise harmful, the following rules shall govern user’s use of the Website:
In connection with the use of the Website, the user will NOT:
While using the Website, the user may NOT:
In the event that an employer hires any candidate whose resume is posted on this Website, the employer is encouraged to reimburse the candidate for specific online distribution fees incurred by the candidate in connection with the use of this Website. These funds will be reimbursed to the candidate for ResumeSpider usage and database access fees incurred up to and including the official date of hire, within reason, as per official ResumeSpider documentation. User agrees in the event ResumeSpider or its agent requests information pertaining to user’s account that user will provide said information within 24 hours of notification. User understands that Resumespider will send out directly one (1) resume per week to monitor individuals that violate these manners of use.
User’s confidential use of this Website cannot be guaranteed by ResumeSpider. Neither ResumeSpider, nor any of its principals, shareholders, officers, directors, employees, agents and/or representatives, shall be responsible for any harm that user or any person may suffer as a result of a breach of confidentiality in respect to user’s use of this site.
ResumeSpider does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at user’s own risk.
By submitting content to any public or non-public area of the Website, including but not limited to: resume postings, contests, and testimonials areas, user grants ResumeSpider and its affiliates the royalty-free, perpetual, irrevocable sublicense (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, distribute, publicly communicate, perform, display, and create derivative works from the content (in whole or in part) worldwide and/or to incorporate it in 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. User also warrants 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 user the right to grant the license stated above. User also permits any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
MEMBERSHIP & BILLING
ResumeSpider offers various levels of memberships for its users. The following details rules and details governing membership and billing:
Member Company (Employer/Recruiter) Memberships
ResumeAgent for Employers and Recruiters is FREE. ResumeAgent includes receiving resumes of those candidates that meet the filters selected by the Employer and the Recruiter.
Premium Job Posting subscriptions start at $149.95 a month. We allow unlimited jobs to be posting and distributed to our partners. User agrees that in order to access these services, user must be responsible for all fees associated with said services, and since these services are delivered on a pay-for-use basis, the user waives any and all rights to refunds once the services have been accessed and/or used.Member Company Subscription Renewal & Cancellation
All subscriptions will automatically renew according to the posted term and price. Disabling or deleting your jobs will not cancel the subscription. To stop auto-renewing, just cancel your subscription at any time before it renews. To cancel your subscription, send an email to firstname.lastname@example.org or call 888-737-8635 ext 500.
Career Seeker Uses of Service
ResumeSpider charges users to distribute resumes to those Employers and Recruiters whose profile selection criteria match that of the Career Seeker’s selection. The services provided by ResumeSpider are billed to the user’s credit card. User agrees that by accessing these services, the user will be responsible for all fees associated with said services, and since these services are delivered on a pay-for-use basis, the user waives any and all rights to refunds once these services have been accessed and/or used.
ResumeSpider may offer Career Seekers enhanced services either through ResumeSpider or other third-party providers. Such enhanced services may include, but are not limited to: upgraded resume distribution, resume cross-posting to third-party sites, third-party reference checking, etc. These services may be offered on a pay-for-use basis. User agrees that by accessing these services, the user will be responsible for all fees associated with said services, and since these services are delivered on a pay-for-use basis, the user waives any and all rights to refunds once these services have been accessed and/or used.
Career Seeker Subscription Renewal & Cancellation
All subscriptions will automatically renew and your resume will be distributed monthly for $19.95. To stop auto-renewing, just cancel your subscription at any time before it renews. To cancel your subscription, send an email to email@example.com or call 888-737-8635 ext 200.
Termination of Membership
ResumeSpider reserves the right to suspend or terminate a user’s membership for any violation of the ResumeSpider “Terms.” Such termination or suspension may include removal of all current account information and termination of user’s access to view resumes. Should a user’s account be terminated for violation for the ResumeSpider “Terms,” user waives any and all right to receive refunds of any and all unused portions of remaining membership, regardless of whether member has paid in advance for membership privileges.
ResumeSpider is only a venue. The Website acts as a venue (i) for companies to receive resumes and (ii) for candidates to distribute their own resumes for the purpose of advising employers and recruiters of their availability for job opportunities for themselves. ResumeSpider does not screen or censor the profiles or other information. ResumeSpider is not involved in the actual transaction between Member Companies and / or companies and candidates. As a result, ResumeSpider has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. Note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, and of underage persons or people acting under false pretenses.
User assumes all risks associated with dealing with other users with whom user comes in contact through the Website. Because user authentication on the Internet is difficult, ResumeSpider cannot, and does not, confirm that each user is who they claim to be. Because ResumeSpider cannot, and does not, become involved in user-to-user dealings or control the behavior of participants on ResumeSpider, in the event that user has a dispute with one or more users, user releases ResumeSpider (and ResumeSpider agents and employees) from claims, demands and damages (actual and consequential, 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 user is a California resident, user waives California Civil Code d1542, which says: “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.”
User acknowledges that ResumeSpider is not under any legal obligation to control the information that is made available through the ResumeSpider.com Website and provided by other users. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. ResumeSpider expects that user will practice caution and common sense when using this Website.
The Material may contain inaccuracies or typographical errors. ResumeSpider makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at user’s own risk. Changes are periodically made to the Website and may be made at any time.
User acknowledges and agrees that the user is solely responsible for the form, content and accuracy of any resume, or other material contained therein placed by user or user’s agents on the Website.
ResumeSpider does not warrant or guarantee that a distributed resume will be viewed by any specific number of users, or that any user will view it.
ResumeSpider is not to be considered an employer with respect to user’s use of the Website and Resumespider shall not be responsible for any employment decisions, for whatever reason by any entity.
ResumeSpider does not warrant that the website will operate error free, or that the website and its servers are free of computer viruses or other harmful mechanisms. If users use of the website or the material results in the need for servicing or replacing equipment or data, ResumeSpider is not responsible for those costs.
The website and material are provided on an “as is” basis without any warranties of any kind. ResumeSpider, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability or fitness for particular purpose, title and non-infringement. ResumeSpider makes no warranties about the accuracy, reliability, completeness or timeliness of the material, services, software, text, graphics and links.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall ResumeSpider, its suppliers, or any third parties mentioned on the Website, be liable for any damages whatsoever, including, without limitation, incidental and consequential damages, lost profits, or damages resulting from the use of inability to use the Website and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not ResumeSpider is advised of the possibility of such damages.
User understands that ResumeSpider does not operate, control or endorse any information, products or services on this Website in any way. Except for information, products or services specifically identified as being supplied by ResumeSpider, all information, products and services offered on the Website that are offered by third parties that are not affiliated with ResumeSpider. User also understands that ResumeSpider cannot and does not guarantee or warrant, directly or indirectly, that files or software of any kind, or from any source, available for downloading through the Website, will be free of infections, viruses or other codes or defects that manifest contaminating or destructive properties. User is responsible for implementing sufficient procedures and checkpoints to satisfy user’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of lost data.
ResumeSpider assumes no responsibility or liability of any nature whatsoever for errors or omissions to this website or any other website that may be referenced or linked to this website. References to trade shows, corporations and their services or products are provided “as is” without representations or warranties of any kind, either expressed or implied.
In no event shall ResumeSpider (its principals, officers, directors, shareholders, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assignees) be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, profits or business, whether or not advised of the possibility of damage, or under any theory of liability arising out of, or in connection with, the use, communication or transmission of this information. The information included in this website may include technical or other inaccuracies or typographical errors. Amendments are periodically made to the information contained herein. These amendments will be incorporated into the website.
ResumeSpider may make improvements and/or amendments to the website at any time. Any and all portions of this disclaimer shall automatically apply to all improvements and/or amendments as they appear on the website. It is solely the use’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information gathered from the website.
ResumeSpider does not represent or warrant that the website will be uninterrupted or error-free, or that defects in the website will be corrected. If the user is dissatisfied with the website or with any terms, conditions, rules, policies, guidelines or practices of ResumeSpider in operating the website, the User’s sole remedy is to discontinue using the website.
No advice or information, whether oral or written, obtained by user from ResumeSpider or through or from the website shall create any representation or war and see on any nature whatsoever, express or implied, specifically and without limiting any of the foregoing provisions defined in an acceptable site use. The user hereby specifically acknowledges that
This Website may contain links to other websites, which are completely independent of this Website. ResumeSpider makes no representation or warranty of any nature whatsoever as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement of that website, or of the products or services described therein. Links to other web of sites are provided solely and expressly as a convenience, and such inclusion of any link does not imply endorsement by ResumeSpider of any such website. User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser. User agrees that ResumeSpider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Users of this Website should not rely upon opinions expressed on this Website when making business, financial, personal or other decisions. Additionally, ResumeSpider does not endorse the opinions of third parties expressed on linked websites.
Nothing on the site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its Website, products, services, hiring, employment or recruiting practices, or otherwise.
ResumeSpider is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the site or its content in meeting the employment objectives of users.
ResumeSpider does not guarantee that documents posted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, which are made by any user.
In no event shall ResumeSpider or advertisers be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from the use or access to, or the inability to use or access, the ResumeSpider Website and the content and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not ResumeSpider is advised of the possibility of such damages. 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 user. If the limitations set forth in the preceding paragraph are held inapplicable or unenforceable for any reason, then ResumeSpider maximum liability to user for any type of damages shall be limited to U.S. $100.00.
ResumeSpider reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, deletion of User’s information from this Website and immediate termination of User’s registration or ability to access the Website and/or any other service provided to user by ResumeSpider, upon any breach by user of these “Terms” or if ResumeSpider is unable to verify or authenticate any information, user submits to the Website registration or ability to access the Website.
The “Terms” constitute the entire agreement of ResumeSpider and user with respect to User’s access to and use of this Website. The Terms may be modified or amended by ResumeSpider at any time without notice to user. Furthermore, user also may be subject to additional terms and conditions that may apply when user uses affiliate services, third-party content or third-party software. Any provision of the Terms that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severed from the Terms in that jurisdiction without in any way invalidating the remaining provisions of the Terms. The unenforceability of any particular provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
User agrees that ResumeSpider, in its sole and absolute discretion, may terminate User’s password; terminate, ban, prohibit or otherwise limit user’s ability to access or use the Website; and, remove and discard any content within the Website, for any reason, including, without limitation, content ResumeSpider believes a user may have manipulated, violated or presented inconsistently with the letter or spirit of the Terms. ResumeSpider may also, in its sole and absolute discretion, and at any time, discontinue providing the Website, or any part thereof, with or without notice. User agrees that any termination of user’s access to the Website, under any provision of the Terms, may be affected without prior notice. Further, user agrees that ResumeSpider shall not be liable to user or any third party for any termination of user’s access to the Website.
Term of this Agreement will take effect upon acceptance by ResumeSpider of user’s application and will end when terminated by either party. Either user or ResumeSpider may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
User agrees to defend, indemnify, and hold harmless ResumeSpider, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees alleging or resulting from user’s use of the Material or user’s breach of these Terms. ResumeSpider shall provide notice to user promptly of any such claim, suit, or proceeding and shall assist user, at user’s expense, in defending any such claim, suit or proceeding.
User agrees to indemnify and hold ResumeSpider (ResumeSpider principals, officers, directors, shareholders, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns) harmless against any and all claims, costs, liabilities, causes of action, judgments, damages and expenses of any nature whatsoever (including, without limitation, attorneys’ fees and disbursements) made by any third party due to or arising out of user’s use of the Website, user’s connection to the Website, user’s violation of the Terms, or user’s violation of the rights of any other party.
ResumeSpider makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. If user accesses the Website from outside of the United States, user does so at user’s own risk and is responsible for compliance with the laws in the jurisdiction of the user. These Terms are governed by the internal substantive laws of the State of Indiana without respect to its conflict of laws. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of Indiana.
User and all representatives of user’s recruiting firm or company/business agree to abide by this agreement. Should ResumeSpider bring action as a result of breach of this agreement the Terms shall be governed by and construed in accordance with the laws of the State of Indiana as they apply to agreements made and solely performed therein. Disputes arising from the Terms shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America located in the State of Indiana and/or the State Courts of the State of Indiana and jurisdiction for such disputes shall rest solely in the State of Indiana in the United States of America.
User agrees that if such legal action is necessary in connection with this agreement, user and user’s company will be responsible for all attorneys’ fees and court costs associated with the action. User acknowledges that the transmission of unsolicited commercial electronic mail (UCE or SPAM) is against both the policies of ResumeSpider and illegal in the State of Indiana, and will be vigorously prosecuted when detected. The current civil penalty is $500 per incident (per email).
INTERNATIONAL USE OF THE SITE
User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which user resides or accesses the Website.