CampusEd General Terms of Service
Last
Updated: August 8, 2018.
A. The following
terms and conditions apply to all Users, Employers, Issuers and other users who
access or use the Site, or otherwise indicate their acceptance to this
Agreement.
1. The
CampusEd Services
CampusEd
may make available certain job posts and other job-related contents, including
links to third-party websites (such listings and other contents, (“Job Posts”),
throughCampusEd’s search results or otherwise
through the Site. Job Posts are created and provided by third parties over whom
CampusEd exercises no control; you acknowledge and understand that we have no
control over Job Posts. Except for certain sponsored, featured or paid
placements, the Job Posts contained on, or linked from, the Site are indexed or
posted in an automated manner.
CampusEd
does not have any obligation to screen any Job Post, or to include any Job Post
in its search results or other listings, and may
exclude or remove any Job Post from the Site for any or no reason.
We
cannot confirm the accuracy or completeness of any Job Post or other
information submitted by any employer or other user, including the identity of
such employer or other user. CampusEd assumes no responsibility, and disclaims
all liability, for the content, accuracy, completeness, legality, reliability,
or availability of any Job Post. You agree that CampusEd may also provide
search options to narrow down Job Post search results by job type (i.e.
full-time, part-time, etc.), and such job types are created independently and
entirely by CampusEd, and are not a direct reflection
of the actual Job Post.
1(a)
Notice to Users Applying to Jobs Through CampusEd:
If you are a User,
any resume or application information that you submit through the Site is
subject to this Agreement (including Section 4 below) and to CampusEd’s Privacy Policy. Without limiting the foregoing,
however, please note that by designating a CampusEd Resume as “Primary” through
the Site, you are requesting and authorizing CampusEd to make available your
resume to any Employer that CampusEd believes may have an interest in your
resume. By creating a CampusEd Resume, CampusEd may contact you to share Job
Posts with you that match the contents of your CampusEd Resume. In addition,
when you indicate your interest in a Job Post through CampusEd, you are
requesting and authorizing CampusEd to reformat the job so that you may read it
more clearly in your phone, you are sending your resume and application
information to CampusEd, and you are requesting and authorizing CampusEd to
make available such application information to the applicable Employer(s) for
such Job Post(s). When you ask CampusEd to transmit an application or
a message to an Employer viaCampusEd Succeed or CampusEd’s
message system or store such application, you understand that this is without
warranty, and that CampusEd reserves the right to reformat such application or message.
CampusEd may also insert functionality into messages relating to your
application allowing you to place calls directly to third parties. Please note
this functionality is provided solely as a courtesy and that such calls are not
placed through or tracked by CampusEd. Your standard calling rates with your
phone provider will apply. CampusEd also does not guarantee that any Employer
will receive, be notified about, access, read or respond to any such resume or
application material, or that there will be no mistakes in the transmission or
storage of the data. However, CampusEd may alert you when any of the above
events occur. CampusEd may also send you emails from the career or hiring
guides as part of its services to you. These emails may include but not be
limited to, tips on improving your resume or how to use your resume effectively
in the job application process, commonly asked interview questions, next steps
after you have submitted an application, and how to
prepare for a new job after you have been hired.
CampusEd
may offer you the opportunity to receive a text message interview reminder from
CampusEd when the Employer has scheduled interviews with you. In such an event
you will enter your phone number on the CampusEd consent form and by entering
your phone number you are representing and confirming it is your number and you
have the right to accept text messages at the
number. CampusEd will only send you a text message reminder for such interview
and you agree to accept such text message reminder on your cell phone including
messages sent by automated telephone dialing system.
In
addition, by using CampusEd, you agree that CampusEd is not responsible for the
content of the Employer’s application form, messages, screener questions,
testing assessments or their format or method of delivery and that CampusEd
does not guarantee receipt of your application by the Employer, or your receipt
of messages from the Employer. Please note that CampusEd does not choose the
questions asked by Employers or decide the job qualification criteria of
Employers.
If
you require
alternative methods of screening or
application you must approach the Employer directly to
request such as CampusEd is not responsible for the Employer application
process.
When you
apply to a job using the CampusEd Apply button, CampusEd will attempt to send
your application to the contact information provided to us by an Employer or
their Agent. We cannot vouch for the validity of such contact information
provided to us. We also cannot vouch for the technical capabilities of any
third-party sites, including but not limited to Applicant Tracking Systems
(ATSs). If you do not feel comfortable sending an application or messages in
this manner or having your application or messages stored on CampusEd, do not
use the CampusEd functions and please instead send your application or messages
directly to the Employer by whatever other method you so choose. Additionally,
you consent to your application and any responses sent to you by the Employer
(including offer letters) through CampusEd being processed and analyzed by
CampusEd according to this Agreement andCampusEd’s
Privacy Policy. CampusEd shall store such information regardless of whether a
job vacancy has been filled. CampusEd may use your application materials
(including public resumes and responses to screener questions) to determine
whether you may be interested in a Job Post, and CampusEd may reach out to
you about such Job Post.
CampusEd
does not guarantee the identity of an Employer or any individuals working for
any Employers, and cautions Users when applying to jobs. CampusEd does not
guarantee the validity of a job offer and cautions Users to verify the validity
of a job offer before taking an adverse action regarding their current
employment situations. Users are solely responsible for verifying the accuracy
of any Employer or job offer.
1(b) If you are an
Employer, when you create a CampusEd account, complete an Employer Profile, or add
a Job Post to the Site, you agree that this Agreement and all
ofCampusEd’s policies, including the CampusEd
Privacy Policy and Cookie Policy, apply to you and to the Users indicating an
interest in such Job Posts. Specifically, when you create a CampusEd account,
CampusEd may require that you verify your identity through a third-party
service calledNetVerify. By using NetVerify, you are submitting your identification documents
for verification directly toNetVerify, you are
agreeing to share your identification withNetVerify,
and you agree thatNetVerify is solely responsible
for any use or loss of data. CampusEd may have access to your identification
documents viaNetVerify. You also agree that, as
a service to Users, CampusEd may activate its CampusEd application function for
use in connection with such Job Post, and that any Users who wish to indicate
an interest in such Job Post may only do so through CampusEd, and that CampusEd
will make applications available to the account holder. From time to time, CampusEd may also send
notification of applications received to the email address you provide us with
when the account is created. When you use the CampusEd Recruit function,
you acknowledge and agree that CampusEd may add certain functions into the
email, which allows you to take actions regarding the User including setting up
an interview, viewing a resume and removing a candidate from a Job Post pool,
and that you consent to CampusEd monitoring and analyzing these actions. When
using the CampusEd Recruit function, CampusEd will attempt to send applications
to the contact information provided to CampusEd by you, the Employer. CampusEd
has no ability to verify the contact information provided by You. In the event
You provide incorrect contact information, it shall be your responsibility
to correct, appropriately respond, or take any steps necessary to protect the privacy
of such Users, and you indemnify CampusEd for any damages resulting therefrom.
CampusEd may also send emails to Users on your behalf indicating that your Job
Post is potentially a match for the User’s resume. CampusEd is not
responsible for the content of your emails, application form, screener
questions or their format, and disclaims all liability for such content,
including as to whether such content is legal. CampusEd further does not guarantee
delivery, your receipt of the User’s emails or application materials, or that
there will be no mistakes in the transmission or storage of the data. In the
event a message being sent is intended for a closed account, these messages
will not be deliverable. CampusEd does not verify the identity of any Users
who apply to your Job Post, nor does CampusEd know a User’s motivation for
applying to your Job Post, and thus provides no guarantee as to the User’s
qualifications or interest in your Job Post. You agree that CampusEd Recruit is
presented to you without warranty and CampusEd assumes no responsibility for
the communications between you and the User, which communications are yours’
and the Users’ sole responsibility. If you do not feel comfortable
contacting a User through CampusEd, do not use the CampusEd message functions
and please contact the User via the personal information provided in such User’s
resume or application or by whatever method you so choose. When
you respond to or contact a User who has used CampusEd Succeed, you are
providing information to CampusEd and requesting and authorizing us to make
available such information to the applicable User. Additionally, you consent to
Users’ applications and any responses sent by you (including offer letters)
through CampusEd being processed and analyzed by CampusEd according to this
Agreement andCampusEd’s Privacy Policy. CampusEd
shall store such information regardless of whether a job vacancy has been
filled. You are responsible for the contents of any CampusEd Employer Profile that
you create, any Job Posts that you post, and any messages that you send through
CampusEd Recruit or otherwise, including any questions for Users. You agree
that CampusEd may reject or remove any Job Post, any part of any Employer
Profile, or any questions for Users for any or no reason. You shall indemnify,
defend and hold harmless CampusEd, its agents, affiliates, and licensors from
any third-party claim or liability (including without limitation reasonable
legal fees) arising out of any Employer Profile, created by you, or any Job
Post or screener questions (or answers thereto) posted by you, or any message
sent by you (including any questions for Users contained in any of the
foregoing). CampusEd may provide analytics data regarding your Employer account
to anyone at your company atCampusEd’s discretion.
To the extent permitted by law, if you have an unpaid or outstanding invoice or
account balance for any CampusEd product, CampusEd reserves the right to
suspend or terminate your use of that CampusEd product as well as any other
CampusEd product, including but not limited to those CampusEd products where
you do not have an unpaid invoice or account balance.
1(c) Regardless of
whether you are an Employer or User, when you view, send, store or receive
materials (including Job Posts, content, resumes, and messages) through or
using the Site, CampusEd may, for example, use such materials for data
analysis, quality control, or to refine the Site or any other CampusEd product
or service (including to provide better search results and other listings for Users
and Employers), whether via automated means or otherwise. When an Employer
views, sends, stores or receives materials through or using the Site, CampusEd
may also inform a User that an Employer has taken an action with regards to a User’s
Resume or application such as opening the Resume or application, viewing the
Resume or application, responding to the Resume or application, and making a
decision with regards to the application, and you hereby consent to CampusEd
taking such actions. CampusEd assumes no responsibility, and disclaims all
liability, for the content, accuracy, completeness, legality, reliability, or
availability of any Job Post, Profile, job solicitation, resume information you
post, send or receive through the Site. If you see any inaccuracy in any such
material, it is your responsibility to correct such information or to contact
CampusEd to do so.
1(d) Regardless of
whether you are an Employer or User, CampusEd may use application materials
(including resumes) and the recency of your activity on CampusEd to determine
whether the words of any User’s resume match the words of a Job Post or Resume
query, and vice-versa. Regardless of whether you are an Employer or User, you
agree and consent that CampusEd may differentiate matching resumes from those
that match less, or do not match, and present them to Employers accordingly.
CampusEd may also use such information in order to
improve the Site or any other CampusEd product or service (including by
displaying or otherwise making available potentially relevant Job Posts and
resumes to Users and Employers).
1(e)Regardless
of whether you are an Employer or User, CampusEd may provide certain categories
of information to you for informational purposes only. For example, CampusEd
may provide you with data regarding estimated salaries for a certain Job Post,
or about estimated applies to a Job Post you may receive as an Employer.
These figures provided by CampusEd are estimates given for informational
purposes only, and they are subject to change or varying levels of accuracy.
CampusEd may also include salary estimations on pages other than Job Posts
on the Site. Please note that all salary figures are approximations based
upon multiple third-party submissions to CampusEd. These figures are given to
CampusEd users for the purpose of generalized
comparison only. Minimum wage may differ by jurisdiction and you should consult
the employer for actual salary figures.
1(f)Regardless
of whether you are an Employer or User, CampusEd may provide certain types of
career-related or hiring-related information on its Site. All information
contained in any CampusEd career or hiring guide is for informational
purposes only, and is in no way to be construed as
professional career counseling or staffing services. You understand that
CampusEd may give suggestions or information regarding best-practices, however,
you understand that it is ultimately your responsibility to determine how to
pursue your job search or candidate search. You further understand that in
providing any such career or hiring guides, CampusEd is not acting as a
job placement agency or staffing firm. You also understand that by referring to
or using such career or hiring guides, you are not guaranteed job interviews,
job placement, assurance of being hired, job candidates, or hires, and you take
full responsibility for use of these services or guides. As a user of the
Site, CampusEd may, from time to time, send you emails from the career or
hiring guides as part of its services to you. These emails may include but not
be limited to, tips on improving your resume or how to use your resume
effectively in the job application process, suggested content resources or
badge titles, commonly asked interview questions, next steps after you have
submitted an application, and how to prepare for a new job
after you have been hired.
1(g) Regardless of
whether you are an Employer or User, CampusEd may provide you an online
questionnaire relating to your industry and/or your hiring or job searching
needs. CampusEd may match a User’s responses to such questionnaires to
determine, on the basis of the Employer’s responses to
a questionnaire about its industry and/or hiring needs, whether such User would
match the Employer’s hiring criteria as specified in the
Employer’s questionnaire responses. In the event CampusEd determines that
a User matches the Employer’s hiring criteria, CampusEd may connect such
matching User and Employer by sending a note informing both parties of the
match, including but not limited to sending an Employer a short description of
a User taken directly from the User’s responses to the questionnaire. In all
events you will know what data we are providing to either a User or Employer,
or upon which we relied to make the match, because you have actively submitted
it. If the Employer and User express interest in each other, you agree
CampusEd may provide the Employer with an email address for the User either
provided by CampusEd or the User and, if you are a User, you consent to this.
Regardless of whether you are an Employer or User, by submitting the
completed questionnaire, you agree and consent to CampusEd
(i) conducting such matching, utilizing only material
you have submitted through the questionnaire process, (ii) presenting matching Users
to Employers, and vice versa and (iii) storing and analyzing such data
submitted in response to such online questionnaires.
New:
1(h)
If you are a User, you take a variety of actions on our Site.
For example, you search for jobs, and CampusEd knows and stores the titles of
resources and other content you select or use, titles of badges you select or
earn, titles of jobs you search for and click on, where those jobs are
located, any information, including salary interest or experience of which you
have informed CampusEd, or the general salary range or experience level of the
jobs you view (if indicated on the Job Posts), the Job Posts you apply to, your
amount of activity or time of most recent activity on CampusEd, or any of your
other behavior on the CampusEd site, when you use CampusEd. You know exactly
what this data is because you are the person who undertook the activity and the
data pertains only to your activity. If you have a CampusEd account or a
CampusEd resume, you agree that CampusEd may use this observed factual data to
suggest jobs to you and to suggest you or your public resume to Employers that
might be interested in a person who matches your behavior on CampusEd. You
also agree that CampusEd may contact you based on this observed behavior
for Employers or for CampusEd itself. Please note, although information may be
sent to you by a third party through the CampusEd system, the
aforementioned behavior does not include information relayed
to you. However, CampusEd may publicly display the fact that you have recently
used the CampusEd Site or the fact that you have recently used the CampusEd
system to correspond with a third party.
In addition, if you are located
in the United States and you set your Resume to Primary, this means that
CampusEd may share all of the aforementioned information about yourself with
third-party Employers. If you do not wish to share such information, you remove
the Primary designation from your resume.
1(i)
If you are a User, please note that CampusEd may automatically
send you recommended jobs via the email address you use to create a CampusEd
account or apply to a job. CampusEd may determine what these recommended jobs
are on the basis of a variety of factors, including but not limited to, any
information you input on the Site about yourself, searches you run on the Site,
content you click on or use, resources you view, badges you select or earn,
jobs you click on, jobs you apply to, or the materials you provide in a job
application to an Employer through CampusEd.
1(j) Regardless of
whether you are a User or an Employer, any emails or email notifications
corresponding with any actions you take on the Site are provided solely as a
courtesy. CampusEd disclaims all warranties with regards to the transmission or
storage of such courtesy notices, does not guarantee their delivery or receipt,
and does not guarantee the date or time at which they may be sent. In the event
a message being sent is intended for a closed account, these messages will not
be deliverable. Further, if you are an Employer and you posted a Job Post
directly on CampusEd, applications are sent only to your CampusEd account; any
other notifications you may receive are provided solely as a courtesy to
you. For example, you may not receive email notifications that a User has applied
to your Job Post, although these applications will be available with your
CampusEd account when you log in.
1(k) CampusEd may offer
beta test products which have different pricing models for posting your Job
Post, including but not limited to payment for candidates you deem to be
qualified. These beta test products may be offered in limited quantities,
in limited locations, and for limited job categories in order
to gauge interest.
1(o) When you have
received CampusEd candidates prior to posting a Job directly on CampusEd via an
affiliate or partner entity to CampusEd, CampusEd may automatically generate
for youa Employer Profile.
You authorize CampusEd to claim such Employer Profile for you on your behalf,
which will be marked as a “Claimed Profile” and allows you to edit
and add information to the Employer Profile. You agree that you are solely
responsible for any content you put on an Employer Profile, whether generated
by or for you, including but not limited to photograph(s) or videos you
provide, and third-party websites reachable from content you put on an Employer
Profile. CampusEd may additionally offer CampusEd Employer Profile Premium,
which includes certain features accessible only on a subscription basis and to
be charged as indicated in an insertion order. CampusEd reserves the right to
change or remove these features at any time, inCampusEd’s
sole discretion. Additionally, these features may include analytics or other
figures, which CampusEd does not guarantee the accuracy of, and you are
responsible for determining their suitability for your intended use or purpose.
2. External Sites
The Site
contains links to other sites on the Internet which are owned and/or operated
by third-party vendors and other third parties (the “External Sites”). You
acknowledge that CampusEd is not responsible or liable for any such third
parties or for the availability of, or the materials located on or through, any
External Sites. You should contact the site administrator or webmaster for the
applicable External Site if you have any concerns regarding such links or the
materials located on an External Site.
In
addition, CampusEd may provide you with links to certain third-party sites that
offer you services for your use or benefit. We may stop offering any such third-party
sites or services at any time. If you choose to use such third-party sites or
services, you enter into an agreement with such third party alone at your own
risk. When entering into an agreement with such parties, you are giving them
your data directly and your rights and their obligations are determined by
their privacy policies and terms of service. We are not responsible for any
content or services provided by these third parties, and
disclaim all liability from anything that may occur when you utilize such third
parties. We are additionally not responsible for any payment that may be asked
of you by such third party. You will be notified on the site that these are third-party
sites and services, and not CampusEd.
Specifically,
CampusEd may provide you with information on or access to a link on CampusEd to
certain background check services. If you choose to use this link and these
services, you are contracting directly with the background check service
provider and CampusEd is not a party to this contract. If you choose to order a
background report from any provider, either on yourself if you are a Jobseeker
or on a candidate if you are an Employer, please note (and you acknowledge)
that CampusEd cannot and does not assemble, access, view, analyze, manipulate,
alter, evaluate or store the background check reports provided by any such
service provider to you or to any service provider client. CampusEd operates
solely as a technical conduit, allowing the transmission of background checks
sent by the service provider to you. Further, you agree to fully indemnify and
defend CampusEd for any claims arising out of your use of any selected service
provider’s services or a background check provided to you by such service
provider.
If you
are a candidate and an Employer using CampusEd requests that you conduct a
background check through any background check service, and you grant such
permission, please note you are contracting directly with your prospective
Employer and that service provider. CampusEd is not a party to this contract.
If you choose to allow an Employer to allow a particular
service provider (or any other party) to conduct a background report for
you, please note (and you acknowledge) that CampusEd cannot and does not
assemble, access, view, analyze, manipulate, alter, evaluate or store the
background check reports provided by these service providers to any Employer.
CampusEd operates solely as a technical conduit, allowing a link for the
transmission of background checks sent by service providers to the Employer but
has no part in the assembly of this report. Further, you agree to fully
indemnify and defend CampusEd for any claims arising out of your agreement to
allow a background check to be conducted by the service provider or any
background check company.
If you
are a Jobseeker and you conduct a background check on yourself through such a
service provider or any other background check service, please note you are
contracting directly with that service provider. CampusEd is not a party to
this contract. If you choose to allow any background check service provider (or
any other party) to conduct a background check report on you, please note (and
you acknowledge) that CampusEd cannot and does not assemble, access, view,
analyze, manipulate, alter, evaluate or store the background check reports
provided by any service provider. CampusEd operates solely as a technical
conduit, allowing you to conduct a background check on yourself through a
service provider we may recommend or suggest, but has no part in the assembly
of this report. Further, said service provider may provide you a link for the
transmission of the background check to an Employer, and CampusEd has no access
to this link nor your transmission of the link. Finally,
if you access a self-conducted background check with any such service
provider through CampusEd,
you
acknowledge and agree that the fact that you have completed such background
check will appear on your CampusEd profile, including but not limited to the
date on which you completed such background check.
You agree to fully
indemnify and defend CampusEd for any claims arising out of your agreement to
allow a background check to be conducted by such service provider or any
background check company.
3. Use of Site
You are
not permitted to useCampusEd’s Site or its content
other than for non-commercial purposes. Use of any automated system or
software, whether operated by a third party or otherwise, to extract data from
the Site (such as screen scraping or crawling) is prohibited. CampusEd reserves
the right to take such action as it considers necessary, including issuing
legal proceedings without further notice, in relation to any unauthorized use
of the Site. If you wish to make commercial use of the Site, if you wish to
make use of the Site in any capacity other than that of a Jobseeker or
Employer, or if you wish to purchase CampusEd services that utilize the Site,
you must have a prior written agreement with CampusEd to do so,
or have acceptedCampusEd’s online terms of
service. Please contact us at
info@campused.com for more
information. We reserve the right at all times (but
will not have any obligation) to terminate users, and reclaim usernames or
URLs, for any reason.
4. User Content
Some parts
of the Site, such as message boards and forums, may allow users to post Job
Posts, resumes, information, text, images, audio, video, messages, and other
materials (any such materials that a user submits, posts, displays, or
otherwise makes available on or through the Site, or any materials that a user
submits to CampusEd, where it is stated that such materials may be posted on
the Site, are referred to herein as “User Content”). Such functionality is
designed to help users obtain career and company information, facilitate
communication, discuss ways to make career decisions, and to let users know of
jobs. User Content is provided by third-party contributors, many of whom may
use anonymous screen names. User Content may be inaccurate, incomplete, misleading
or deceptive. For example, the Site hosts Company Pages, which allow User
Content to be posted by individuals that may not be affiliated with the Company
who owns the Company Page, including but not limited to the answers to Q&A
questions on Company Pages. CampusEd does not endorse and is not responsible
for any User Content, including any opinion, advice, information, or statement
contained therein. Certain elements of CampusEd job search results pages
may appear to be content produced by CampusEd, but are
actually a reproduction of user-generated search queries. You acknowledge that
by accessing the Site, you may come into contact with
content (including User Content) that you find harmful, offensive, threatening,
indecent or objectionable, including, but not limited to, explicit language and
other potentially offensive material, and you acknowledge that CampusEd shall
have no liability with respect to such content.
You must
not post any User Content that is unlawful, fraudulent, discriminatory, threatening,
abusive, libelous, defamatory, obscene or otherwise objectionable, or that
contains sexual, ethnic, racial or other discriminating slurs, or that contains
no relevant or constructive content. You must also not post any User Content
that contains proprietary information, trade secrets, confidential information,
advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communication (except as
otherwise expressly permitted by us in writing), or
encourages or causes spamming or flooding.
You are
prohibited from posting any User Content containing official identification
information (whether your own or of another person), such as social security
number, passport number, national identification number, insurance number,
driver’s license number, immigration number, or any other similar number, code,
or identifier. Posting such identification information may lead to identity
theft and other adverse consequences. CampusEd may remove any such identification
information, but does not undertake any obligation to do so, and has no
responsibility and disclaims all liability for any posting of such
identification information. CampusEd reserves the right to change the display
of resume on its Site, including, but not limited to, hiding fields,
rearranging its format, and changing visual elements.
Although
CampusEd has no obligation to do so, CampusEd may monitor User Content, and
reserves the right to delete any User Content or portion thereof that, in
CampusEd’s sole discretion, violates the above rules,
including any User Content that is unrelated to the specific portion of the
Site on which it is posted, or that is an advertisement, recruiting or other
commercial message, or that CampusEd deems in its sole discretion to be
inappropriate. If you believe that any User Content violates this Agreement or
our policies, please
contact CampusEd immediately
so that we may have the opportunity to consider its removal. For clarity,
CampusEd does not have any obligation to remove any User Content, and the
interpretation of whether any User Content violates any CampusEd policy will
always remain within the sole discretion of CampusEd.
CampusEd
reserves the right to disclose all User Content and other relevant information,
and the circumstances surrounding their transmission, to any third party in
connection with operating the Site; to protect itself, its affiliates, its
partners and its visitors; and to comply with legal obligations or governmental
requests. This means, for example, that CampusEd may honor subpoenas, search
warrants, law enforcement or court-mandated requests to reveal a user’s
electronic address and identity, or other properly requested information. As an
Employer, when you post a Job Post on CampusEd that you choose to list as
confidential, your identity may be discoverable by request from the government
or law enforcement.
Without
limiting the generality of the foregoing, CampusEd reserves the right (but is
under no obligation) to remove any Job Post that directly or indirectly
discriminates against Users. Direct discrimination means, for example, that a Job
Post specifically makes clear that only Users matching a certain
criteria are wanted, thereby excluding others because of, for example,
their gender, race, age or disability. Indirect discrimination means, for
example, that a Job Post implicitly excludes certain classes of Users by making
it impossible for them to qualify for the job requirements. You understand and
agree that it is your responsibility to refrain from posting any Job Post that
directly or indirectly discriminate against Users or otherwise violate
applicable law.
Please
note: Section 230 of the U.S. Communications Decency Act provides that:
(1)
Treatment of Issuer or speaker
No
provider or user of an interactive computer service shall be treated as the Issuer
or speaker of any information provided by another information content provider.
(2) Civil
liability
No
provider or user of an interactive computer service shall be held liable on
account of-
(A) any
action voluntarily taken in good faith to restrict access to or availability of
material that the provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable,
whether or not such material is constitutionally protected;
or
(B) any
action taken to enable or make available to information content providers or
others the technical means to restrict access to material described in paragraph
(1).
5.
License to User Content and Feedback
Only to
the extent permitted by law, if you post content or submit material to
CampusEd, including but not limited to photographs or material you submit for a
job solicitation hosted on CampusEd, you grant CampusEd a nonexclusive,
worldwide, perpetual, (revocable only as described below), fully paid,
royalty-free, sublicensable (through multiple layers of sub-licensees) right
and license to make, use, sell, sublicense, reproduce, distribute, perform,
display, prepare derivative works from and otherwise exploit all such content
and materials for the purpose of publishing material on the CampusEd website or
its Issuer partners, maintaining the CampusEd website and promoting CampusEd
without restriction. Furthermore, you grant to CampusEd, its affiliates, and
sublicensees the license to use your name, user name, and/or trademarks and
logos in connection with any such User Content or CampusEd marketing materials,
or actions by CampusEd to promote or publicize such User Content (e.g. Job Posts)
including the use of keywords in third-party internet search engines.
Notwithstanding the foregoing, to the extent any Employer(s) submits
photographs to CampusEd for association with a particular Job
Post, CampusEd shall not post such content anywhere other than the
Employer(s)’s Job Post.
You
represent and warrant that: (i) you own the User
Content that you submit, post, display, or otherwise make available on or
through the Site, or that you otherwise have the right to grant the license set
forth in this section, (ii) such User Content, and its submission, posting,
display or availability on or through the Site does not violate applicable law
or the privacy rights, publicity rights, copyrights, contract rights,
intellectual property rights or any other rights of any person or entity, and
(iii) such submission, posting, display or availability on or through the Site
does not result in any breach of contract between you and any third party. You
agree to pay for all royalties, fees, damages, and any other monies owed to any
person or entity by reason of such User Content. You agree to defend, indemnify
and hold harmless CampusEd and its affiliates from any claims resulting from
any such User Content. If you wish to request to revoke the license granted by
you in this Section for any such User Content, please send a certified letter
of request to the postal address listed above with a copy of your passport or
national identity card (for identity verification purposes) and request removal
of such User Content. Your certified letter of request must include (a) the
signature of the applicable rights holder for such User Content or a person
authorized to act on behalf of the rights holder; (b) identification of the
User Content for which the license is to be revoked, and information reasonably
sufficient to allow CampusEd to locate and remove such User Content on the
Site; (c) your name, address, telephone number, and email address; (d) a
statement that you have a good faith belief that you are the rights holder or
authorized by the rights holder to revoke the license for the designated User
Content; and (e) a statement that the information in the request is accurate,
and under penalty of perjury, that you are the rights holder or are authorized
to act on behalf of the rights holder with respect to such User Content. There
may be a charge for answering and executing such a request; please contact
CampusEd for more details.
At your
discretion, you may provide feedback and related materials to CampusEd
concerning the functionality and performance of the Site from time to time,
including, without limitation, identifying potential errors, improvements,
modifications, bug fixes, or enhancements (“Feedback”). If you, through your
evaluation or otherwise, provide any Feedback, you hereby grant to CampusEd a
nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple layers of sublicensees) right and license to make, use, sell,
sublicense, reproduce, distribute, perform, display, prepare derivative works
from and otherwise exploit all such Feedback for any purpose without
restriction. You agree that CampusEd may disclose any or all Feedback to any
third party in any manner, and you agree that CampusEd may sublicense any or
all Feedback in any form to any third party without restriction. By providing
any Feedback, you agree that your provision of such Feedback is gratuitous,
unsolicited and without restriction, and will not place CampusEd under any
fiduciary, confidentiality or other obligation, and that we are free to use
such Feedback without any additional compensation to you, and free to disclose
such Feedback on a non-confidential basis or otherwise to anyone. You further
acknowledge that, by accepting any Feedback, CampusEd does not waive any rights
to use similar or related ideas previously known to CampusEd, or developed by
its employees, or obtained from sources other than you.
Finally,
if you are a member of CampusEd Academy, your use of the Graduate logos is limited
to your individual use only, and solely for purposes of indicating your
Graduate status. Use of the Graduate logo to represent organizations or for
commercial purposes is not permitted. Further, you agree and acknowledge that
you will not make any representation that you are recruiting on behalf of
CampusEd, working for CampusEd, or in any form of co-employment or contractor
relationship with CampusEd. Additionally, nothing contained herein shall be
construed to imply a joint venture, partnership, principal-agent relationship
or employer-employee relationship between you and CampusEd, and neither Party
shall have the right, power or authority to obligate or bind the other in any
manner whatsoever, except as otherwise agreed to in writing. If you make any
representation to the contrary, CampusEd may remove you from CampusEd Academy
in its sole discretion.
6.
Site Rules
You agree
not to access (or attempt to access) the Site by any means other than through
the interface that is provided by CampusEd, unless you have been specifically
allowed to do so in a separate, written agreement with CampusEd. You agree that
you will not engage in any activity that interferes with or disrupts the Site
(or the servers and networks which are connected to the Site). Unless you have
been specifically permitted to do so in a separate, written agreement with
CampusEd, you agree that you will not crawl, scrape, reproduce, duplicate,
copy, sell, trade or resell the Site for any purpose. You agree that you are
solely responsible for (and that CampusEd has no responsibility or liability to
you or to any third party for) any breach of your obligations under this
Agreement and for any consequences (including any loss or damage which CampusEd
may suffer) of any such breach.
You agree
that you shall not transmit to CampusEd or upload to or through the Site
(whether as User Content or otherwise) any Harmful Code, or
use or misappropriate the Site for your own commercial gain. “Harmful Code”
shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan
horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access
codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage,
disrupt, disable, harm, impair, interfere with, intercept, expropriate or
otherwise impede in any manner, any data, storage media, program, system,
equipment or communication, based on any event, including for example but not
limited to (i) exceeding a number of copies, (ii)
exceeding a number of users, (iii) passage of a period of time, (iv)
advancement to a particular date or other numeral, or (v) use of a certain
feature; or (b) would enable an unauthorized person to cause such result; or
(c) would enable an unauthorized person to access another person’s information
without such other person’s knowledge and permission. Without limiting the
foregoing and by way of example only, users may not:
-
Generate or facilitate unsolicited commercial
email (“spam”). Such activity includes, but is not limited to:
-
sending messages in violation
of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
-
imitating or impersonating
another person or his, her or its email address, or creating false
accounts for the purpose of sending spam;
-
data mining any CampusEd
property;
-
sending messages to users
who have asked not to be contacted;
-
selling, exchanging or
distributing to a third party the contact information of any person
without such person’s knowledge of, and continued consent to, such
disclosure; and
-
using CampusEd Resume contacts
in violation of CampusEd policy, as determined by CampusEd, including,
for example, as indicated by low response rates from those persons
contacted.
-
Send, upload, distribute or disseminate any
unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene,
or otherwise objectionable content, or offer to do the same. CampusEd may
block the transmission of such content.
-
Intentionally distribute viruses, worms,
defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code
or items of a destructive or deceptive nature.
-
Conduct or forward pyramid schemes or similar
programs.
-
Transmit content that may be harmful to
minors.
-
Impersonate another person (via the use of an
email address or otherwise) or otherwise misrepresent yourself or the
source of any email.
-
Transmit another’s intellectual property or
other proprietary or confidential information without such owner’s or
licensor’s permission. Users who repeatedly post intellectual
property owned by others will be banned from CampusEd.
-
Violate the legal rights (such as rights of
privacy and publicity) of others.
- Promote or encourage illegal activity.
-
Interfere with other CampusEd users’ enjoyment
of the Site.
-
Create multiple user accounts in connection
with any violation of the Agreement or create user accounts by automated
means or under false or fraudulent pretenses.
-
Sell, trade, resell or otherwise exploit for
any unauthorized commercial purpose, or transfer, any CampusEd account.
-
Modify, adapt, translate, or reverse engineer
any portion of the Site.
-
Remove any copyright, trademark or other
proprietary rights notices contained in or on the Site.
-
Reformat or frame any portion of the web pages
that are part of the Site withoutCampusEd’s
explicit written permission.
-
Contact other CampusEd users about multi-level
marketing (MLM) programs, jobs that require payment to start, or any
topics CampusEd considers detrimental to its users.
-
Create multiple CampusEd accounts without
permission.
-
Create multiple CampusEd accounts not under
your corporate or company name, in order to
attempt to achieve higher visibility in the free-to-post system.
-
Bypass any limitations or suspensions of
functionality.
- Provide false information.
- Scrape the CampusEd Resume database
-
Scrape or otherwise replicate any CampusEd
content for competitive purposes
CampusEd
reserves the right to use any User Content (including the content of messages
or material sent through or to the Site or CampusEd) to prevent potentially illegal
or tortious activities, or any other activities that are detrimental to other
users. CampusEd reserves the right to use a variety of methods to detect and
block the above anomalous activity and to screen User Content to prevent abuse
such as spam or fraud. However, such detection methods are not perfect and
false positives may occur. If you use the Site, you consent to CampusEd
enforcing these rules or attempting to prevent spam or anomalous activity,
which may result in a temporary or permanent suspension or termination of your
account or use of certain functions of the Site, including but not limited to
the email relay function, for some users, with or without notice, and CampusEd
shall not be responsible or liable for any such suspension or termination,
including any consequences thereof. CampusEd reserves the right to drop any
message with an .ade, .adp,
.bat, .chm, .cmd, .com, .cpl,
.exe, .hta, .ins, .isp,
.jar, .jse, .lib, .lnk, .mde, .msc, .msp,
.mst, .pif, .scr, .sct, .shb,
.sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for
any or no reason. CampusEd further reserves the right to conduct
investigations to determine whether you are perpetrating a scam, spamming
CampusEd or its users, or otherwise conducting fraudulent activity on CampusEd
by various means, including but not limited to investigating your functionality
by setting up profiles and names that belong to CampusEd. CampusEd
reserves the right to turn over any information gathered via such
investigations to the police or other third party if CampusEd has a good faith
belief that you are using the Site in violation of these terms.
7.
Registration; Contact Information
Some
areas of the Site, including areas that may permit you to set up a CampusEd
account, require you to register or provide an email address. If you so
register, you agree to (a) provide true, accurate, current and complete
information about yourself as prompted by our registration form (including your
email address) and (b) be responsible for the confidentiality and use of your
username and password, and not transfer or resell your use of or access to the
Site to any third party. Please note that any individuals with whom you
have shared your username and password and who are able to answer verification
questions about your CampusEd account may receive access to information
regarding your CampusEd account. If you are an Employer, your account is for
business use and not for personal use. CampusEd is not responsible
and disclaims all liability if your email is used improperly or falsely by a
third party. By registering for a CampusEd account, you agree to receive
mandatory email updates regarding anomalous activity to your CampusEd account.
If you attempt to send an email from a name or email address that is not true,
accurate, current or complete, we reserve the right to drop such email, and
attempting to send such email is a violation of our terms.
In some
instances, multiple users may be linked to the same account (“a Linked
Account”). A Linked Account is created when the primary account owner(s)
(“Admin(s)”) of an Employer account invites other users to the same account.
Admin(s) may be given the option to give these other users certain levels of
access and functionality (“Roles”) within the account, as described on the
site. If you are an Admin adding a user to a Role or several Roles,
you represent to CampusEd that you are an authorized representative of
this account and that you have the authority to allow this data and access to
be shared. You further agree to indemnify and hold harmless CampusEd from any
allegations, claims, actions, suits, demands, damages, liabilities,
obligations, losses, settlements, judgments, costs and expenses (including
without limitation attorneys’ fees and costs) that result from the sharing of
this data and access to your account. You agree that CampusEd assumes no
liability in regards to the accuracy of the statements
above and that you are fully responsible for said accuracy. When using a
Linked Account, any users with access to certain Roles may have access to any
or all account information, including but not limited to: communications and
actions of all other users and applicants within the Linked Account, resume
contacts, and billing information, and you consent to such access.
We
reserve the right at all times (but will not have an
obligation) to terminate users or to reclaim usernames or URLs.
You agree
that CampusEd may, as part of its services to you, communicate with you, or
initiate communication with you on behalf of a third party, through your
CampusEd account or through other means such as email, telephone (including
mobile phone), or postal mail, including through the use of contact information
that you may provide to CampusEd or that CampusEd may otherwise obtain from
third-party sources. By providing CampusEd with a mobile phone number, you
expressly consent to receiving communication via such mobile number. When you
give CampusEd a mobile number and consent to receiving communication, such
communications are inherent to the services you have signed up for. To revoke
consent at any time, reply to the text with STOP or contact
color:#551A8B'>
CampusEd
Customer Support
. You may also revoke your consent by terminating the Agreement
through closing your CampusEd account. By enabling two step verification,
you verify that you are the owner of the phone number you provided.
8.
Disclaimer of Warranties
CampusEd
disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, operability or
availability of information or material displayed in or linked from the
CampusEd search results (including Jobs Listings) or otherwise made available
on the Site by CampusEd or third parties (including User Content), regardless
of whether paid for or used for free. CampusEd disclaims any responsibility or
liability for the accuracy, content, completeness or reliability of information
provided by CampusEd for informational purposes only, including but not limited
to, CampusEd Analytics data like estimated applies or organic traffic, and
salary information. You acknowledge you are not paying CampusEd for the
aforementioned information. CampusEd disclaims any
responsibility for the deletion, failure to store, mis-delivery, or untimely
delivery of any information, emails, attachments or material (including User
Content). CampusEd further disclaims any responsibility for any harm resulting
from downloading or accessing any information or material on the Site or on
other sites or services on the Internet accessed through the Site. Under no
circumstances shall CampusEd be liable to you or any third party
on account of your use or misuse of or reliance on the Site.
Additionally, under no circumstances shall CampusEd be liable to you or any
third party on account of your use or misuse of or
reliance on any third-party site or service you link to from CampusEd’s Site.
CampusEd
further disclaims all liability for any technical malfunction of the Site,
including but not limited to failure of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email delivery (including attachments), account login, or
any other Services provided by CampusEd as a result of technical problems or
traffic congestion on the Internet or any third party website (including
but not limited to Applicant Tracking Systems (ATSs)) or combination thereof,
including injury or damage to your or to any other person’s computer, mobile
device or other hardware or software, related to or resulting from using or
downloading any Content in connection with the Site or Services. Under no
circumstances will CampusEd be responsible for any loss or damage to any
content or personal injury or death, resulting from anyone’s use of the Site,
Services, User Content, or third-party applications, websites, software or
content posted on or through the Site or transmitted to users or any
interactions between users of the Site or Services, whether online or offline.
THE SITE,
AND ALL MATERIALS, INFORMATION, ADVICE, JOB POSTS, CAREER GUIDE, USER CONTENT,
PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,”
WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. CAMPUSED AND ITS
AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. CAMPUSED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY
LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE,
JOB POSTS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE
SITE. CAMPUSED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS,
DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY CAMPUSED.
YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
9.
Limitation of Liability
UNDER NO
CIRCUMSTANCES SHALL CAMPUSED OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY
LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR
RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND
PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CAMPUSED OR ITS AFFILIATES, OR
ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY
INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE
SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE
MAXIMUM AGGREGATE LIABILITY OF CAMPUSED AND ITS AFFILIATES, AND ITS AND THEIR
THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT
YOU PAID CAMPUSED TO USE THE SITE.
Without
limiting the foregoing, under no circumstances shall CampusEd or its
affiliates, or its or their third-party licensors, be liable for any delay or
failure in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its or their reasonable control, including, without
limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, floods, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light, or
air conditioning.
10.
Claims of Infringement
U.S.
Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “
DMCA“) provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that materials hosted by CampusEd
infringe your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. The notice must include
the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (b) identification of the copyrighted
work claimed to have been infringed (or if multiple copyrighted works located
on the site are covered by a single notification, a representative list of such
works); (c) identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably sufficient to
allow CampusEd to locate the material on the site; (d) the name, address,
telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send
CampusEd a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/ for details. Notices and counter-notices with
respect to the Site should be sent in writing to CampusEd Copyright Notice, 6031
University Blvd., Suite 300, Ellicott City, Maryland 21043, USA or
class=MsoHyperlink>
info@campused.com with “Copyright”
in the subject line. We suggest that you consult your legal advisor before
filing a notice or counter-notice. Also, be aware that there are penalties for
false claims under the DMCA.
Other
Claims of Infringement. For claims of infringement that do not involve a U.S.
copyright, please contact us at
info@campused.com
11.
Governing Law and Dispute Resolution
If you
are a User: this Agreement and any dispute arising out of or in connection with
this Agreement (“Dispute”) will be governed as to all matters, including, but
not limited to the validity, construction and performance of this Agreement, by
and under the laws of the State of Maryland, United States of America, if you
are located in the United States, or the laws of Republic of Ireland, if you
are located elsewhere, without giving effect to conflicts of law principles
thereof. Any and all actions, lawsuits, or other legal
proceedings related to such Dispute shall be filed only in courts located in Howard
County, Maryland, U.S.A., if you are located in the United States. Each of the
Parties hereby consent to the exclusive personal jurisdiction of the federal or
state courts located in Howard County, Maryland, U.S.A., if you
are located in the United States of America.
You also
hereby waive any right to a jury trial in connection with any action or
litigation in any way arising out of or related to your use of the Site or
these terms of service, if you are located in the
United States.
If you
are an Employer: this Agreement and any Dispute arising out of or in connection
with this Agreement will be governed as to all matters, including, but not
limited to the validity, construction and performance of this Agreement, by and
under the laws of the State of Maryland, if you are located
in the United States.
If you
are neither a User or Employer as defined in this Agreement and are not using
the Site as intended by CampusEd, this Agreement will be governed as to all
matters, including, but not limited to the validity, construction and
performance of this Agreement, by and under the laws of Howard County, Maryland,
U.S.A.
You agree
to waive your right to file a pre-suit discovery proceeding seeking a user’s
identifying information from CampusEd. If you intend to propound discovery
seeking user information from CampusEd Inc., you agree to do so pursuant
to a valid federal, Maryland or Maryland domesticated request, addressed
to and properly served at our registered agent in Maryland at CampusEd, Inc., 6031
University Blvd., Suite 300, Ellicott City, Maryland 21043, USA. You further
agree to submit to the personal jurisdiction of the appropriate Maryland state
or federal courts for such discovery proceedings.
12.
Class Action Waiver
By using
the Site and in return for the services offered by CampusEd, you acknowledge
that CampusEd can only offer you these services under the terms and conditions
as presented herein. As partial consideration for your use of the Site and
these services, you (either an Employer or User) agree not to sue CampusEd as a
class plaintiff or class representative, join as a class member, or participate
as an adverse party in any way in a class-action lawsuit against CampusEd
regarding your use of the Site. Additionally, as a User, your use of the Site
is at no charge and you acknowledge that part of the price you are paying to
use this Site is your acceptance of these terms of service including this Class
Action Waiver. If you do not agree to any part of these terms, do not continue
your use of the Site. Nothing in this paragraph, however, limits your rights to
bring a lawsuit as an individual plaintiff, including in small claims court,
subject to section 11 above.
13.
Filtering
We hereby
notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available from GetNetWise (
http://www.getnetwise.org/) and OnGuard
Online (
http://onguardonline.gov/). Please note
that Company does not endorse any of the products or services listed on such
sites.
14.
Information or Complaints
If you
have a question or complaint regarding the Site, please use our 
CampusEd
Help Center
. California residents may reach the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.
15.
Miscellaneous
This
Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. In the event of any irreconcilable conflict between this
Agreement and any other related policies or provisions, this Agreement will
otherwise govern. Any waiver of any provision of this Agreement will be
effective only if in writing and signed by CampusEd. This Agreement, together
with any amendments and any additional agreements you may enter into with
CampusEd in connection with the Site, shall constitute the entire agreement
between you and CampusEd concerning the Site. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. You
agree that this Agreement cannot be altered, amended, modified or
overridden, except by a document signed by an authorized representative of each
party. For the avoidance of doubt, email or phone communication between you and
a CampusEd employee shall not constitute an amendment or alteration of this
Agreement.
By
accessing or using the Site, you signify your assent to this Agreement and
agree to comply with all applicable laws and regulations, including U.S. export
and re-export control laws and regulations, copyright laws and other laws
regarding intellectual property. You represent, warrant and covenant that you
are not (a) located in, or a resident or a national of, any country subject to
a U.S. government embargo or other restriction, or that has been designated by
the U.S. government as a “terrorist supporting” country; (b) on any of the U.S.
government lists of restricted end users. The materials on the Site are
provided with “Restricted Rights.” Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government constitutes acknowledgment
ofCampusEd’s proprietary rights in them.
You understand
and acknowledge that CampusEd or its affiliates, or its or their licensors,
owns all right title and interest to the Site and all proprietary rights
associated therewith. CampusEd reserves all rights not specifically granted
herein. You shall not modify any copyright notices, proprietary legends, any
trademark and service mark attributions, any patent markings, or other indicia
of ownership on the materials accessed through the Site, other than your User
Content. Any use of materials or descriptions, any derivative use of the Site
or its materials, and any use of data mining, robots, or similar data
gathering and extraction tools is strictly prohibited. In no
event may you frame any portion of the Site or any materials contained therein.
Change of
Address: If you have provided a billing address to us, and you change such
billing address from an address within the United States to an address outside
the United States, or from an address outside of the United States to an
address inside the United States, you will continue to be bound by this
Agreement with the same CampusEd party for the remainder of the calendar month
in which you made the change. Beginning on the first day of the next calendar
month, you hereby agree that you will be bound by this Agreement with the
applicable CampusEd party identified in the first paragraph of this Agreement
with respect to such new territory.
Any
notices to CampusEd must be sent to the applicable CampusEd entity identified
in the first paragraph of this Agreement via certified first class or air mail
or overnight courier, are deemed given upon receipt. Notice to you may be
effected by sending email to the email address specified in
your account, or by posting a message to your account interface, and is deemed
received when sent (for email) or no more than fifteen (15) days after having
been posted.
You may
not assign or delegate any of your rights or obligations hereunder without
class=SpellE>CampusEd’s prior written consent and any such attempt is
void. CampusEd may freely assign or delegate its rights and obligations
hereunder without notice to you. Additionally, CampusEd may assign any
agreement between you and CampusEd to any related CampusEd entity by informing
you of such assignment. CampusEd and you are not legal partners or
agents, but are independent contractors.
16.
Apple-Specific Terms
In
addition to your agreement with the foregoing terms and conditions, and
notwithstanding anything to the contrary herein, the following provisions apply
with respect to your use of any mobile application version of the Site
compatible with the iOS operating system of Apple Inc. (“Apple”, and such
mobile application, the “App”). Apple is not a party to this Agreement and does
not own and is not responsible for the App. Apple is not providing any warranty
for the App except, if applicable, to refund the purchase price for it. Apple
is not responsible for maintenance or other support services for the App and
shall not be responsible for any other claims, losses, liabilities, damages,
costs or expenses with respect to the App, including any third-party product
liability claims, claims that the App fails to conform to any applicable legal
or regulatory requirement, claims arising under consumer protection or similar
legislation, and claims with respect to intellectual property infringement. Any
inquiries or complaints relating to the use of the App, including those
pertaining to intellectual property rights, must be directed to CampusEd in
accordance with the “Information or Complaints” section above. The license you
have been granted herein is limited to a non-transferable license to use the
App on an Apple-branded product that runs Apple’s iOS operating system and is
owned or controlled by you, or as otherwise permitted by the Usage Rules set forth
in Apple’s App Store Terms of Service. In addition, you must comply with the
terms of any third-party agreement applicable to you when using the App, such
as your wireless data service agreement. Apple and Apple’s subsidiaries are
third-party beneficiaries of this Agreement and, upon your acceptance of the
terms and conditions of this Agreement, will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a
third-party beneficiary thereof; notwithstanding the foregoing, CampusEd’s right to enter into, rescind or terminate any
variation, waiver or settlement under this Agreement is not subject to the
consent of any third party.
17. The
CampusEd Apps
By using
the CampusEd Apps, you agree that all of the terms and
conditions found herein apply to your use of the CampusEd App.
Additionally, you agree that the CampusEd App may send you push
notifications, if you turn on receipt of notifications and/or sign up to
receive notifications. By downloading and using the CampusEd App, you are
asking CampusEd to make formatting changes to any Job Posts as they appear on
your phone, in order to enable you to best utilize
CampusEd. You further acknowledge that your use of the CampusEd App may
require use of your data plan from your cellular provider. You are
responsible for payment of all data usage accrued based on your use of the
CampusEd App, and CampusEd disclaims all responsibility for such data usage. In
addition, if you allow CampusEd App to utilize location services, the CampusEd
App may suggest to you and collect from you certain
information based on your geographic location.
18.
Use of Site by Minors
The Site
is not for use by anyone under the age of 16. To use the Site
you agree that you must be the minimum age (described in this paragraph below)
or older.
The
minimum age for these purposes shall be 16, however if local laws require that
you must be older in order for CampusEd to lawfully
provide the services in the Site to you then that older age shall apply as the
applicable minimum age. In all jurisdictions outside the European Union, if you
are under the age of 18 or the age of majority in your jurisdiction, you must
use CampusEd under the supervision of your parent, legal guardian or
responsible adult. CampusEd adopts a range of measures to try to ensure that we
do not accept individuals who do not meet the minimum age and any other
applicable age requirements. If you do not satisfy these age requirements, please
email
info@campused.com.