Please read these Terms & Conditions carefully before using Career Gazer.
Career Gazer reserves the right to modify these Terms & Conditions at any time. For a complete copy of the Terms & Conditions, WHICH MAY INCLUDE ADDITIONAL TERMS AND CONDITIONS, please contact us.
TERMS AND CONDITIONS OF USE
Provision 1. Acceptance of Terms
Provision 2. General.
Provision 3. Services.
(a) Both the Customer and Career Gazer agree that any Services as described in either a Sales Order or Website Order will be carried out diligently and fully by Career Gazer for the agreed specified period(s) of time and provided to the extent as outlined in any such Sales Order or Website Order Terms (the “Service Periods”) if applicable.
Services may be provided through the Customer’s utilization of the Career Gazer website (the “Career Gazer Site”) and/or through the utilization of the “Career Gazer for Employers” mobile application. (the “App”). In order to utilize such services, Career Gazer may use or make available to Customers software and/or other tools that may be either licensed by or owned by Career Gazer (the “Software”).
(b) The purchasing of Services by the Customer may require the getting and maintaining of the Customer’s computer’s hardware, software, communication equipment and/or connections to which may be required for Customers to utilize the Career Gazer Site and gain entry and use of the services provided on the Career Gazer Site. It is the sole responsibility of the Customer to purchase and/or maintain any such computer equipment as required.
(c) Career Gazer reserves the right to modify these Terms and Conditions, the Career Gazer Site, the App and any related software during the “Service Period” just so long as such changes do not effect the performance or ability to utilize the Services in any way which can is deemed to be material.
Provision 4. License and Limitations.
(a) While within the relevant Service Period, Career Gazer does permit the Customer to have a limited, nonexclusive, nontransferable and nonsublicenseable license in the following ways: (i) entry and use of the Career Gazer Site, the App and/or any related Software, and (ii) to utilize any materials and/or documentation as provided by Career Gazeer to the Customer which is related to the Services being provided but such license is only allowed to the necessary extent in order for the Customer to utilize and access the Services for the Service Period and quantity amount as specified in either the Sales Order or Website Order.
(b) Use of this license as described in Provision 4(a) has the restricted use by the Customer only and cannot be shared with any third party while any reselling, sublicensing, or leasing is expressly prohibited. Customer is furthermore restricted to utilization of the license in relation to the amount of locations and/or the number of units to only the amount which was purchased and specified on either the Sales Order or Website Order.
(c) Customer also consents and understands that the Customer does not have the right to and is prohibited from the following: (i) changing, adapting, reverse engineering, decompiling, disassembling, reverse assembling or in anyway manipulate the software in an attempt to discover the source code, algorithms, or know-how of any of the Services, the Career Gazer Site, the App or the Software; (ii) developing any derivative works relating to and from any of the Services, the Career Gazer Site, the App, or the Software; (iii) entry or utilization of the Career Gazer Site, the App or the Software with the intent of utilizing such illegally, unlawfully, in a threatening manner, in an abusive manner, in a harassing manner or in an obscene manner in addition to the utilization for any purpose which is further banned by the policies developed and put in place by the Career Gazer; (iv) posting or providing information or other content on, through or in connection with the Services, the Career Gazer Site or the App which may be considered false, misleading or dishonest; (v) any attempt or undertaking to act in anyway as specified above.
Provision 5. Payment.
(a) The Customer is responsible for the payment of all the Services as outlined in the applicable Sales Order and/or Website Order and is bound by the rates and prices as specified in the applicable Sales Order and/or Website Order Terms without any deductions or any offsets.
Unless otherwise specified and agreed to, the Customer is responsible for making all payments within thirty (15) days of the date located on the invoice. If payment is not made when due, the Customer consents to the payment of interest at a rate of one percent (15%) of the overdue payment, or the maximum rate as allowed by relevant law, whichever is less. Customer further agrees to and accepts responsibility payment of, on demand, of any costs accrued as a result collection for expenses that include but are not limited to appropriate and reasonable attorneys’ fees and costs.
(b) Customer agrees to assume the responsibility for payment of all taxes including sales, use, value-added and excise tax that maybe related to any Sales Order(s), the Website Order(s) or the Services, with the exclusion of any taxes that are based on the net income of Career Gazer’s.
(c) Career Gazer reserves the right to modify the payment price, rate and/or applicable fees that are accrued for Services if the Customer is utilizing the Career Gazer’s automated renewal service for either Sales Orders or Website Orders. However, Career Gazer must give not less than ninety (90) days written notice before any increases may be made for the providing of Services. Any prices, rates and/or applicable fees will not become effective until the Service Period is renewed as outlined by the Sales Order or Website Order.
Provision 6. Term and Termination.
(a) When Services are provided for which the Service Period is specifically fixed, this Agreement shall be effective from the date as outlined on the applicable Sales Order or the applicable Website Order Terms (the “Subscription Service”). When Services are provided for which the specific amount of units is specifically fixed as outlined on the applicable Sales Order or the applicable Website Order Terms (the “Specified Quantity Service”), the Specified Quantity Service shall be effective on the date that the Sales Order or Website Order is signed or completed and shall continue until the requested quantity of the Services are utilized, received and/or provided at which point the Specified Quantity Service will automatically end.
(b) Career Gazer retains the right to automatically renew the Subscription Service which will be initiated upon the ending of the initial term or any renewal terms when such a renewal clause is described in the Sales Orders or the Website Orders includes an auto-renewal clause which will be initiated upon the ending of the initial term or any renewal terms. Unless the Customer notifies, in writing, the Career Gazer of its desire not to renew within a time period of sixty (60) days prior to the end date of the current term, Career Gazer retains the right to automatically renew to the then current pricing and terms for an additional one (1) year or as otherwise agreed upon. If applicable, the Career Gazer maintains the right to charge the Customer’s credit card for payment of the automatic renewal term.
(c) In the event that Customer terminates its business activities, proceeds with general assignment in which the benefit is assigned to the creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding, the Customer retains the right to end a Sales Order or Website Order in connection to either one or more Services before the scheduled end date(s).
(e) Upon the completion, the conclusion or the earlier ending of one or more Services as contained within a Sales Order or a Website Order, the following provisions apply: (i) termination of the license given to the Customer as outlined in Section 4(a) will occur automatically and immediately leaving the Customer with no right to use the Career Gazer Site, the App, the Software or any Career Gazer materials which are in anyway connected with any applicable Service(s); (ii) Career Gazer will effectively no longer have any responsibilities and/or obligations in providing the applicable Service(s); and (iii) customer remains responsible for payment to Career Gazer all fees or additional amounts payable that were incurred either on or before the concluding and ending date unless the occurrence as outlined above in Provision 6(c) effectively terminates the Sales Order or Website Order leaving the Customer responsible for payment to Career Gazer all fees and additional amounts payable for Services as outlined by the applicable Sales Order or Website Order until the completion of the current initial or renewal term.
(f) Furthermore, upon a Customer’s written request, Career Gazer will provide within thirty (30) days following the ending date, an electronic copy of any Customer Materials as defined in Provision 9(a) and/or any available and applicable Basic Hiring Manager employee data in a format which is both typical and reasonably accessible by the Customer. In the event that the ending of any provided Services are as a result of Customer’s failure to pay fees or additional amounts payable, then the Customer’s right to request information as outlined within this Provision is extinguished. Any expenses incurred as a result of such a request are the sole responsibility of the Customer who consents to payment to Career Gazer at the typical rates for this service. The obligation of Career Gazer to maintain or provide any information as outlined within this Provision expires automatically thirty (30) days following the end date. In addition, Career Gazer may then, unless prohibited by law, delete all Customer Materials and/or Basic Hiring Manager employee data which is in anyway in its possession or control including when maintained in its system.
Provision 7. Representations, Warranties and Disclaimers.
(b) Career Gazer represents and warrants to the Customer the statements which follow. (i) Services will be both performed in substantial compliance with any relevant written specifications which have been published by Career Gazer and in substantial compliance with any descriptions of any product or services as set forth in the relevant Sales. (ii) Commercially reasonable efforts will be used in order to provide any required support services as outlined with any applicable service level contract in any related Sales Order or applicable Statement(s) of Work. (iii) No showings of a negative or a disparate impact on any people who belong to a legally protected class has been shown in either of the following ways: by the tests which are made available as part of any assessment Services which have been validated for construct and have criterion-related legitimacy or by the assessment Software which have been tested in the whole on assessments gathered by Career Gazer’s licensor and all of its customer.
(c) Customer further represents and warrants to comply either now or in the future to all federal, state, local employment, data protection, privacy and other relevant laws and regulations which may apply to any of the following events or circumstances: (i) any questions or other written information that may either be included or utilized in relation to the job listing posting which was either posted or completed on behalf of Customer by the Services; (ii) any questions, additional materials and technology that may be utilized by the Customer in order to screen applicants or make a decision regarding the hiring of potential employees; (iii) any hiring practices utilized by the Customer, which include but are not limited to the utilization of any conclusions of any procurement, screening or assessment Services as provided; and (iv) any hiring decisions made by the Customer. Without any limitation of the generalization of the following statement, Customer further represents and warrants to Career Gazer that they will not utilize any procurement, screening or assessment result services as a way to discriminate against any applicants or current employees when such will result in a violation of any federal, state or local employment or other applicable laws or regulations.
THE PARTIES SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CAREER GAZER AND ITS LICENSORS SPECIFICALLY AND EXPRESSLY DISCLAIM ANY LIABILITY FOR THE SERVICES’, THE SOFTWARE’S, AND/OR THE APP’S COMPLIANCE WITH, OR THE ABILITY OF THE CUSTOMER TO UTILIZE PROCUREMENT, SCREENING AND ASSESSMENT SERVICES IN ORDER TO EVALUTE APPLICANTS OR EMPLOYEES UNDER ANY EMPLOYMENT LAWS OF ANY JURSIDICITION EXCLUDING THE FEDERAL AND STATE LAWS OF THE UNITED STATES.
(e) WITHOUT LIMITING THE GENERALITY OF SECTION 7(d) ABOVE, THE PARTIES SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE JOB SEEKER RESUMES AND OTHER JOB SEEKER INFORMATION PROVIDED ON OR THROUGH THE SERVICES, THE CAREER GAZER SITE AND/OR THE APP ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND THAT CAREER GAZER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SUCH RESUMES OR OTHER INFORMATION OR THEIR ACCURACY OR COMPLETENESS.
Provision 8. Confidentiality.
(a) In an effort to safeguard the confidentiality and propriety of any information deemed confidential and/or trade secrets that may be disclosed or received from one party to another related to any Sales Order(s) or Website Order(s), all parties involved, including the Customer and Career Gazer, must take the appropriate and reasonable and acceptable steps to safeguard against any such breach. Neither the Customer nor Career Gazer has the right to copy, duplicate, use, disclose or transfer any information following within the definitions of Confidential or Trade Secrets as defined in provision 8(c) unless it is absolutely necessary for entry and use of the agreed upon Services, if applicable.
(c) The provisions outlined in this section, Section 7, apply to the following: (i) Confidential Information received at any time while receiving Services are being provided and following such, Section 7 further includes nondisclosure for a term of two (2) years following the ending of the Services; and (ii) Trade Secrets received at any time which is classified as a “trade secret” as defined under applicable law.
Provision 9. Ownership of Property.
(a) Any related materials provided by Customer, including but not limited to Customer job postings and any such related information which is granted by Customer for placement, storage and/or utilization in or somehow connected with the Services being provided and/or any “customer material” which are utilized in connection to the Career Gazer Site or App, will always be and always remain the property of the Customer. Customer consents to the granting of Career Gazer’s an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute any information which is considered essential in the providing of the Services and/or to administer or maintain the Career Gazer Site or App.
(b) With the exception of the limited license as granted in Provision 4(a), Customer currently has and will always have no interest in, right or title in the Services, Career Gazer Site, the App or the Software. Career Gazer or its appropriate and relevant licensure maintains ownership or including the full and exclusive rights in and to the Services, the Career Gazer or the Software which includes all improvements, enhancements and changes. This further includes the ownership of and full and exclusive rights to any and all applicable copyrights or anything deemed to be intellectual property as well as the ownership or and full and exclusive rights to sell, license, market assign and change the Services, the Career Gazer Site, the App and the Software.
Provision 10. Intellectual Property Indemnity.
(a) As long as the Customer is in compliance in each situation with Section 10(b), Career Gazer consents to further indemnity and keep harmless the Customer from and against any and all liabilities, suits, damages, claims, judgments, fines, penalties, demands or expenses, including but not limited to all reasonable attorney’s fees which are accumulated by the Customer as a consequence of a final and final judgement which is ruled in favor of a third-party where such judgement is related to a claim that either the Services, the Career Gazer Site and/or the Software have either infringed or otherwise are in violation of any U.S. registered patent, copyright, trademark or service market of the third party.
(b) Should a situation arise in which there is a third-party claim is asserted against the Customer and to which indemnification may be required by Career Gazer under Section 10(a) above, all of the following terms will apply. (i) Customer should immediately notify, in writing, the Career Gazer of such a claim and in no event should such notification be made no later than ten (10) before the date on which a response is required in relation to the claim. (ii) If Career Gazer chooses, such will have the full authority and ability to opt into the defense of any such claim with the Customer providing any assistance deemed reasonable in this defense. (iii) If Career Gazer opts into the defense of any such claim then Career Gazer will have the full and unlimited authority to fully control, at its own expense, the defense of such claim including all negotiations conducted in the pursuit of compromise and settlement.
(d) Section 10 above encompasses the full extent of responsibility and exclusive liability of Career Gazer if any such claim arises from a third party asserting that the Services, the Career Gazer Site or the Software infringes or breeches any patent, copyright, trademark or servicemark. Section 10 also provides the sole and exclusive remedy of the Customer should such an event arise.
Provision 11. Customer Indemnification.
Career Gazer consents to indemnity and to hold harmless Career Gazer and its licensors from and against any and all liabilities, suits, damages, claims, judgments, fines, penalties, demands or expenses, including, but not limited to, all reasonable attorney’s fees which are accumulated by the Career Gazer and its licensors as a consequence of or related to any third-party allegations as follows: (i) any allegation of infringement or violation of any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party by the Customer Materials; and/or (ii) any allegation that the improper use of the Software or Services as utilized by the Customer for the purpose of procurement, screening, testing, assessment, hiring or firing policies in anyway violates any applicable employment, data protection, privacy or other law or regulation.
Provision 12. Liability Limitations.
SUBJECT TO THE CUSTOMER’S OBLIGATION TO PAY FOR THE SERVICES IN ACCORDANCE TO THE APPLICABLE SALES ORDERS OR WEBSITES ORDERS AND EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 10 AND 11 ABOVE, ALL PARTIES AGREE TO THE FOLLOWING: (i) NEITHER PARTY WILL BE HELD LIABLE AND FOUND RESPONSIBLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE POSSIBILITY OF SUCH DAMAGES ARE ADVISED AT THE INCEPTION OF ENTERING THE AGREEMENT AND ALL PARTIES CONSENT TO IRREVOCABLY WAIVE ANY LEGAL RIGHTS OR CLAIMS TO THE COLLECTION OF ANY SUCH DAMAGES; AND (ii) EITHER PARTIES LIABBILITY IN CONTRACT, TORT OR OTHERWISE WHICH IS FOUND TO ARISE DIRECTLY OUT OF OR IN CONNECTION WITH ANY SALES ORDER(S) AND/OR WEBSITE ORDER(S)SHALL BE LIMITED AND SHALL NOT EXCEED THE AMOUNT EITHER PAID OR TO BE PAID WAS TO CAREER GAZER BY THE CUSTOMER AS OUTLINED IN EITHER THE RELEVANT SALES ORDER(S) AND/OR WEBSITE ORDER(S) IN THE TIME WHICH INCLUDES THE TWELVE (12) MONTHS THAT IMMEDIATELY PRECEED ANY SUCH ACTION WHICH MAY LEAD TO LIABILITY.
Provision 13. Use of Mobile Application.
(a) The Customer is required to assume the sole responsibility for getting any mobile device, wireless and mobile data service and/or any required Internet connection which may be needed for use of the App. Career Gazer.com, Inc. is not or will not be liable for any additional fees and costs that are accrued through the use of the App which may include, but are not limited to any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
(b) Through the utilization of the App, the Customer expressly agrees to the receipt of any electronic communications from Career Gazer.com, Inc. about the App which may include but is not limited to SMS, MMS and other text or multimedia messages, email, and through the transmission of data to your mobile device such as through a push message. Customer further agrees to receive such at the Customer’s own cost and expense. Included within such electronic communications may include but are not limited to administrative messages, service announcements, diagnostic data reports, and updates to the App itself. The Customer further agrees to allow the communication of data from Career Gazer.com, Inc. and the App either to or from your mobile device which may include automatic updates to your device as a result of utilization of the App.
PROVISION 14. Miscellaneous.
(a) Independent Contractor. Each party as well as its employees and representatives are and always will be classified as independent contractors in respect to the other party with no right, power or authority to act or create any responsibilities in regards to and on behalf to the other party.
(d) Solicitation of Employee. The Customer agrees to refrain from any direct or indirect solicitations or attempts to solicit, deter or hire any employee of the Career Gazer for any the initial term, renewal term and for a term of one (1) year following the ending of or termination of the applicable Agreement unless the Customer has obtained written consent by Career Gazer prior to the occurrence of solicitation or attempts to solicit.
(e) Assignability. The assignment of any Sales Order or Website Order, whether in whole or in part, is expressly prohibited unless the party seeking the assignment receives the written consent of the other party prior to the assignment. However, Career Gazer expressly maintains the right to assign any Sales Order or Website Order to any purchaser of the entirety of or mostly the entirety of the Career Gazer’s assets. Violation of this provision will lead to the assignment becoming null and void with no ability to enforce nor hold in effect.
(h) Execution. The execution of any Sales Orders, Website Orders or other documents included as part or in regards to such documents may be completed in one or more counterparts with each counterpart considered to be an original but when viewed together will comprise of one, single document. The execution of any Sales Orders, Website Orders or other documents included as part or in regards to such documents may be completed by the exchanging of manually signed originals or facsimile copies or by the exchanging of electronic signatures through any electronic signing procedure that is approved by Career Gazer.
READ CAREFULLY THIS CONCERNS YOUR LEGAL RIGHTS:
Errors happen, we're imperfect, so we, Career Gazer:
Career Gazer provides a service to bring Job Seekers and Employers together. Job Seekers and Employers can register, create profiles/job posts and search for jobs and resumes.
Job Seeker personal data will be available to Employers visiting Career Gazer. Personal data includes a Name which is mandatory, an email Address which is mandatory and a Telephone Number which is optional.
Personal data provided by the user may be used by Career Gazer to notify the user of any news, and or promotional offers relating only to the Career Gazer website. The user can unsubscribe from these notifications at anytime.
Career Gazer will not disclose user personal data to any third party.
Career Gazer does not hold responsibility for any untruthful and/or inaccurate information included in job posts and profiles.
Career Gazer reserves the right to edit or delete any information submitted by the user to the website.
The following guidelines will help you understand practices that are consistent with Career Gazer’s standards. Please note that this list is a guide, not a comprehensive list of what is acceptable or prohibited.
Guidelines for Career Gazer Job Listings
Job Titles and Descriptions
Types of posts that aren’t generally visible
Jobs that don’t meet Career Gazer standards for inclusion may be subject to review and require additional information from the hiring company. Listings that prove misleading, compromise the job seeker experience or those which we are not convinced represent a “real” job may be deleted from search results altogether. Please note: Career Gazer may reject or remove any Job and may disable any Employer's account, for any or no reason at any time. We cannot give every reason why a job or a company may be removed, and we always retain the right to undertake such the removal of any job, organic or sponsored, if we feel it is in our interest or our users’ interest.
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