Terms of Service

ACCEPTANCE OF TERMS

AskTheRecruiter.com (“AskTheRecruiter.com”) welcomes you. AskTheRecruiter.com provides the AskTheRecruiter.com Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.asktherecruiter.com/tos-privacy. By accessing and using the AskTheRecruiter.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular AskTheRecruiter.com owned or operated services, you and AskTheRecruiter.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

AskTheRecruiter.com may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.

  1. DESCRIPTION OF AskTheRecruiter.com SERVICES

AskTheRecruiter.com provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “AskTheRecruiter.com Services”). You also understand and agree that the AskTheRecruiter.com Services may include advertisements and that these advertisements are necessary for AskTheRecruiter.com to provide the AskTheRecruiter.com Services. You also understand and agree that the AskTheRecruiter.com Services may include certain communications from AskTheRecruiter.com, such as service announcements, administrative messages and the AskTheRecruiter.com Newsletter, and that these communications are considered part of AskTheRecruiter.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current AskTheRecruiter.com Services, including the release of new AskTheRecruiter.com properties, shall be subject to the TOS. You understand and agree that the AskTheRecruiter.com Services is provided “AS-IS” and that AskTheRecruiter.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the AskTheRecruiter.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or

delivery of advertisements. In addition, you must provide and are responsible for all

 

equipment necessary to access the AskTheRecruiter.com Services.

You understand that the technical processing and transmission of the

AskTheRecruiter.com Services, including your Content, may involve (a) transmissions

over various networks; and (b) changes to conform and adapt to technical requirements

of connecting networks or devices.

  1. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the AskTheRecruiter.com Services, you represent that

you are of legal age to form a binding contract and are not a person barred from

receiving the AskTheRecruiter.com Services under the laws of the United States or other

applicable jurisdiction. You also agree to: (a) provide true, accurate, current and

complete information about yourself as prompted by the AskTheRecruiter.com Service’s

registration form (the “Registration Data”) and (b) maintain and promptly update the

Registration Data to keep it true, accurate, current and complete. If you provide any

information that is untrue, inaccurate, not current or incomplete, or AskTheRecruiter.com

has reasonable grounds to suspect that such information is untrue, inaccurate, not

current or incomplete, AskTheRecruiter.com has the right to suspend or terminate your

account and refuse any and all current or future use of the AskTheRecruiter.com

Services (or any portion thereof). You must be aged 13 or over to use the Services.

  1. AskTheRecruiter.com PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable

privacy policy. For more information, see the full AskTheRecruiter.com Privacy Policy at:

http://www.asktherecruiter.com/tos-privacy/ You understand that through your use of the

AskTheRecruiter.com Services you consent to the collection and use (as set forth in the

applicable privacy policy) of this information, including the transfer of this information to

the United States and/or other countries for storage, processing and use by

AskTheRecruiter.com and its affiliates.

  1. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the

AskTheRecruiter.com Service’s registration process. You are responsible for maintaining

the confidentiality of the password and account and are fully responsible for all activities

that occur under your password or account. You agree to (a) immediately notify

AskTheRecruiter.com of any unauthorized use of your password or account or any other

breach of security, and (b) ensure that you exit from your account at the end of each

session. AskTheRecruiter.com cannot and will not be liable for any loss or damage

arising from your failure to comply with this Section 5.

  1. MEMBER CONDUCT

 

You understand that all information, data, text, software, music, sound, photographs,

graphics, video, messages, tags, or other materials (“Content”), whether publicly posted

or privately transmitted, are the sole responsibility of the person from whom such

Content originated. This means that you, and not AskTheRecruiter.com, are entirely

responsible for all Content that you upload, post, email, transmit or otherwise make

available via the AskTheRecruiter.com Services. AskTheRecruiter.com does not control

the Content posted via the AskTheRecruiter.com Services and, as such, does not

guarantee the accuracy, integrity or quality of such Content. You understand that by

using the AskTheRecruiter.com Services, you may be exposed to Content that is

offensive, indecent or objectionable. Under no circumstances will AskTheRecruiter.com

be liable in any way for any Content, including, but not limited to, any errors or omissions

in any Content, or any loss or damage of any kind incurred as a result of the use of any

Content posted, emailed, transmitted or otherwise made available via the

AskTheRecruiter.com Services.

You agree to not use the AskTheRecruiter.com Services to:

  1. upload, post, email, transmit, or otherwise make available any Content that is

unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,

libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise

objectionable;

  1. harm minors in any way;
  2. impersonate any person or entity, including, but not limited to, a AskTheRecruiter.com

official, forum leader, guide or host, or falsely state or otherwise misrepresent your

affiliation with a person or entity;

  1. forge headers or otherwise manipulate identifiers in order to disguise the origin of any

Content transmitted through the AskTheRecruiter.com Service;

  1. upload, post, email, transmit, or otherwise make available any Content that you do not

have a right to make available under any law or under contractual or fiduciary

relationships (such as inside information, proprietary and confidential information learned

or disclosed as part of employment relationships or under nondisclosure agreements);

  1. upload, post, email, transmit or otherwise make available any Content that infringes

any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any

party;

  1. upload, post, email, transmit, or otherwise make available any unsolicited or

unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,”

“pyramid schemes,” or any other form of solicitation, except in those areas (such as

shopping) that are designated for such purpose (please read our complete Spam Policy);

 

  1. upload, post, email, transmit, or otherwise make available any material that contains

software viruses or any other computer code, files or programs designed to interrupt,

destroy or limit the functionality of any computer software or hardware or

telecommunications equipment;

  1. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of

the AskTheRecruiter.com Services are able to type, or otherwise act in a manner that

negatively affects other users’ ability to engage in real time exchanges;

  1. interfere with or disrupt the AskTheRecruiter.com Services or servers or networks

connected to the AskTheRecruiter.com Services, or disobey any requirements,

procedures, policies or regulations of networks connected to the AskTheRecruiter.com

Services, including using any device, software or routine to bypass our robot exclusion

headers;

  1. intentionally or unintentionally violate any applicable local, state, national or

international law, including, but not limited to, regulations promulgated by the U.S.

Securities and Exchange Commission, any rules of any national or other securities

exchange, including, without limitation, the New York Stock Exchange, the American

Stock Exchange, or the NASDAQ, and any regulations having the force of law;

  1. provide material support or resources (or to conceal or disguise the nature, location,

source, or ownership of material support or resources) to any organization(s) designated

by the United States government as a foreign terrorist organization pursuant to section

219 of the Immigration and Nationality Act;

  1. “stalk” or otherwise harass another; and/or
  2. collect or store personal data about other users in connection with the prohibited

conduct and activities set forth in paragraphs a through m above.

You acknowledge that AskTheRecruiter.com may or may not pre-screen Content, but

that AskTheRecruiter.com and its designees shall have the right (but not the obligation)

in their sole discretion to pre-screen, refuse, or remove any Content that is available via

the AskTheRecruiter.com Services. Without limiting the foregoing, AskTheRecruiter.com

and its designees shall have the right to remove any Content that violates the TOS or is

otherwise objectionable. You agree that you must evaluate, and bear all risks associated

with, the use of any Content, including any reliance on the accuracy, completeness, or

usefulness of such Content. In this regard, you acknowledge that you may not rely on

any Content created by AskTheRecruiter.com or submitted to AskTheRecruiter.com,

including without limitation information in AskTheRecruiter.com Message Boards and in

all other parts of the AskTheRecruiter.com Services.

You acknowledge, consent and agree that AskTheRecruiter.com may access, preserve

 

and disclose your account information and Content if required to do so by law or in a

good faith belief that such access preservation or disclosure is reasonably necessary to:

(i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any

Content violates the rights of third parties; (iv) respond to your requests for customer

service; or (v) protect the rights, property or personal safety of AskTheRecruiter.com, its

users and the public.

You understand that the AskTheRecruiter.com Services and software embodied within

the AskTheRecruiter.com Services may include security components that permit digital

materials to be protected, and that use of these materials is subject to usage rules set by

AskTheRecruiter.com and/or content providers who provide content to the

AskTheRecruiter.com Services. You may not attempt to override or circumvent any of

the usage rules embedded into the AskTheRecruiter.com Services. Any unauthorized

reproduction, publication, further distribution or public exhibition of the materials provided

on the AskTheRecruiter.com Services, in whole or in part, is strictly prohibited.

  1. INTERSTATE NATURE OF COMMUNICATIONS ON AskTheRecruiter.com

NETWORK

When you register with AskTheRecruiter.com, you acknowledge that in using the

AskTheRecruiter.com Services to send electronic communications (including but not

limited to email, search queries, sending messages to AskTheRecruiter.com Chat or

AskTheRecruiter.com Groups, uploading photos and files to Flickr, and other Internet

activities), you will be causing communications to be sent through

AskTheRecruiter.com’s computer networks, portions of which are located in California,

Texas, Virginia, and other locations in the United States and portions of which are

located abroad. As a result, and also as a result of AskTheRecruiter.com’s network

architecture and business practices and the nature of electronic communications, even

communications that seem to be intrastate in nature can result in the transmission of

interstate communications regardless of where you are physically located at the time of

transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the

service results in interstate data transmissions.

  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND

IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules

regarding online conduct and acceptable Content. Use of the AskTheRecruiter.com

Services and transfer, posting and uploading of software, technology, and other

technical data via the AskTheRecruiter.com Services may be subject to the export and

import laws of the United States and other countries. You agree to comply with all

applicable export and import laws and regulations, including without limitation the Export

Administration Regulations and sanctions control programs of the United States. In

particular, you represent and warrant that you: (a) are not a prohibited party identified on

 

any government export exclusion lists or a member of a government of any other export-

prohibited countries as identified in applicable export and import laws and regulations;

 

(b) will not transfer software, technology, and other technical data via the

AskTheRecruiter.com Services to export-prohibited parties or countries; (c) will not use

the AskTheRecruiter.com Services for military, nuclear, missile, chemical or biological

weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or

post via the AskTheRecruiter.com Services any software, technology or other technical

data in violation of U.S. or other applicable export or import laws.

  1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE

AskTheRecruiter.com SERVICES

AskTheRecruiter.com does not claim ownership of Content you submit or make available

for inclusion on the AskTheRecruiter.com Services. However, with respect to Content

you submit or make available for inclusion on publicly accessible areas of the

AskTheRecruiter.com Services, you grant AskTheRecruiter.com the following worldwide,

royalty-free and non-exclusive license(s), as applicable:

  1. With respect to Content you submit or make available for inclusion on publicly

accessible areas of AskTheRecruiter.com Groups, the license to use, distribute,

reproduce, modify, adapt, publicly perform and publicly display such Content on the

AskTheRecruiter.com Services solely for the purposes of providing and promoting the

specific AskTheRecruiter.com Group to which such Content was submitted or made

available. This license exists only for as long as you elect to continue to include such

Content on the AskTheRecruiter.com Services and will terminate at the time you remove

or AskTheRecruiter.com removes such Content from the AskTheRecruiter.com Services.

  1. With respect to photos, graphics, audio or video you submit or make available for

inclusion on publicly accessible areas of the AskTheRecruiter.com Services other than

AskTheRecruiter.com Groups, the license to use, distribute, reproduce, modify, adapt,

publicly perform and publicly display such Content on the AskTheRecruiter.com Services

solely for the purpose for which such Content was submitted or made available. This

license exists only for as long as you elect to continue to include such Content on the

AskTheRecruiter.com Services and will terminate at the time you remove or

AskTheRecruiter.com removes such Content from the AskTheRecruiter.com Services.

  1. With respect to Content other than photos, graphics, audio or video you submit or

make available for inclusion on publicly accessible areas of the AskTheRecruiter.com

Services other than AskTheRecruiter.com Groups, the perpetual, irrevocable and fully

sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate,

publicly perform and publicly display such Content (in whole or in part) and to

incorporate such Content into other works in any format or medium now known or later

developed.

 

“Publicly accessible” areas of the AskTheRecruiter.com Services are those areas of the

AskTheRecruiter.com network of properties that are intended by AskTheRecruiter.com

to be available to the general public. By way of example, publicly accessible areas of the

AskTheRecruiter.com Services would include AskTheRecruiter.com Message Boards

and portions of AskTheRecruiter.com Groups and Flickr that are open to both members

and visitors. However, publicly accessible areas of the AskTheRecruiter.com Services

would not include portions of AskTheRecruiter.com Groups that are limited to members,

AskTheRecruiter.com services intended for private communication such as

AskTheRecruiter.com Mail or AskTheRecruiter.com Messenger, or areas off of the

AskTheRecruiter.com network of properties such as portions of World Wide Web sites

that are accessible via hypertext or other links but are not hosted or served by

AskTheRecruiter.com.

  1. CONTRIBUTIONS TO AskTheRecruiter.com

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to

AskTheRecruiter.com through its suggestion or feedback webpages, you acknowledge

and agree that: (a) your Contributions do not contain confidential or proprietary

information; (b) AskTheRecruiter.com is not under any obligation of confidentiality,

express or implied, with respect to the Contributions; (c) AskTheRecruiter.com shall be

entitled to use or disclose (or choose not to use or disclose) such Contributions for any

purpose, in any way, in any media worldwide; (d) AskTheRecruiter.com may have

something similar to the Contributions already under consideration or in development;

(e) your Contributions automatically become the property of AskTheRecruiter.com

without any obligation of AskTheRecruiter.com to you; and (f) you are not entitled to any

compensation or reimbursement of any kind from AskTheRecruiter.com under any

circumstances.

  1. INDEMNITY

You agree to indemnify and hold AskTheRecruiter.com and its subsidiaries, affiliates,

officers, agents, employees, partners and licensors harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third party due to or arising out of

Content you submit, post, transmit, modify or otherwise make available through the

AskTheRecruiter.com Services, your use of the AskTheRecruiter.com Services, your

connection to the AskTheRecruiter.com Services, your violation of the TOS, or your

violation of any rights of another.

  1. NO COMMERCIAL REUSE OF AskTheRecruiter.com SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any

commercial purposes, any portion or use of, or access to, the AskTheRecruiter.com

Services (including Content, advertisements, Software and your AskTheRecruiter.com

ID).

 

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that AskTheRecruiter.com may establish general practices and limits

concerning use of the AskTheRecruiter.com Services, including without limitation the

maximum number of days that email messages, message board postings or other

uploaded Content will be retained by the AskTheRecruiter.com Services, the maximum

number of email messages that may be sent from or received by an account on the

AskTheRecruiter.com Services, the maximum size of any email message that may be

sent from or received by an account on the AskTheRecruiter.com Services, the

maximum disk space that will be allotted on AskTheRecruiter.com’s servers on your

behalf, and the maximum number of times (and the maximum duration for which) you

may access the AskTheRecruiter.com Services in a given period of time. You agree that

AskTheRecruiter.com has no responsibility or liability for the deletion or failure to store

any messages and other communications or other Content maintained or transmitted by

the AskTheRecruiter.com Services. You acknowledge that AskTheRecruiter.com

reserves the right to log off accounts that are inactive for an extended period of time.

You further acknowledge that AskTheRecruiter.com reserves the right to modify these

general practices and limits from time to time.

AskTheRecruiter.com Messenger, including any web-based versions, will allow you and

the people with whom you communicate to save your conversations in your

AskTheRecruiter.com accounts located on AskTheRecruiter.com servers. This means

you can access and search your message history from any computer with access to the

internet. Whether or not you use this feature, other users may choose to use it to save

conversations with you in their account on AskTheRecruiter.com too. Your agreement to

this TOS constitutes your consent to allow AskTheRecruiter.com to store these

communications on its servers.

  1. MODIFICATIONS TO AskTheRecruiter.com SERVICES

AskTheRecruiter.com reserves the right at any time and from time to time to modify or

discontinue, temporarily or permanently, the AskTheRecruiter.com Services (or any part

thereof) with or without notice. You agree that AskTheRecruiter.com shall not be liable to

you or to any third party for any modification, suspension or discontinuance of the

AskTheRecruiter.com Services (or any part thereof).

  1. TERMINATION

You may terminate your AskTheRecruiter.com account, any associated email address

and access to the AskTheRecruiter.com Services by submitting such termination request

to AskTheRecruiter.com.

You agree that AskTheRecruiter.com may, without prior notice, immediately terminate,

limit your access to or suspend your AskTheRecruiter.com account, any associated

 

email address, and access to the AskTheRecruiter.com Services. Cause for such

termination, limitation of access or suspension shall include, but not be limited to, (a)

breaches or violations of the TOS or other incorporated agreements or guidelines,

(b)requests by law enforcement or other government agencies, (c) discontinuance or

material modification to the AskTheRecruiter.com Services (or any part thereof), (d)

unexpected technical or security issues or problems, (e) extended periods of inactivity,

(f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any

fees owed by you in connection with the AskTheRecruiter.com Services. Further, you

agree that all terminations, limitations of access and suspensions for cause shall be

made in AskTheRecruiter.com’s sole discretion and that AskTheRecruiter.com shall not

be liable to you or any third party for any termination of your account, any associated

email address, or access to the AskTheRecruiter.com Services.

Termination of your AskTheRecruiter.com account includes any or all of the following: (a)

removal of access to all or part of the offerings within the AskTheRecruiter.com Services,

(b) deletion of your password and all related information, files and content associated

with or inside your account (or any part thereof), and (c) barring of further use of all or

part of the AskTheRecruiter.com Services.

  1. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of,

advertisers found on or through the AskTheRecruiter.com Services, including payment

and delivery of related goods or services, and any other terms, conditions, warranties or

representations associated with such dealings, are solely between you and such

advertiser. You agree that AskTheRecruiter.com shall not be responsible or liable for any

loss or damage of any sort incurred as the result of any such dealings or as the result of

the presence of such advertisers on the AskTheRecruiter.com Services.

  1. LINKS

The AskTheRecruiter.com Services may provide, or third parties may provide, links to

other World Wide Web sites or resources. You acknowledge and agree that

AskTheRecruiter.com is not responsible for the availability of such external sites or

resources, and does not endorse and is not responsible or liable for any Content,

advertising, products or other materials on or available from such sites or resources. You

further acknowledge and agree that AskTheRecruiter.com shall not be responsible or

liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or

in connection with use of or reliance on any such Content, goods or services available

on or through any such site or resource.

  1. AskTheRecruiter.com’S PROPRIETARY RIGHTS

You acknowledge and agree that the AskTheRecruiter.com Services and any necessary

 

software used in connection with the AskTheRecruiter.com Services (“Software”) contain

proprietary and confidential information that is protected by applicable intellectual

property and other laws. You further acknowledge and agree that Content contained in

advertisements or information presented to you through the AskTheRecruiter.com

Services or by advertisers is protected by copyrights, trademarks, service marks, patents

or other proprietary rights and laws. Except as expressly permitted by applicable law or

as authorized by AskTheRecruiter.com or the applicable licensor (such as an advertiser),

you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly

perform or create derivative works based on the AskTheRecruiter.com Services, such

Content or the Software, in whole or in part.

AskTheRecruiter.com grants you a personal, non-transferable and non-exclusive right

and license to use the object code of its Software on a single computer; provided that

you do not (and do not allow any third party to) copy, modify, create a derivative work

from, reverse engineer, reverse assemble or otherwise attempt to discover any source

code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right

in the Software. You agree not to modify the Software in any manner or form, nor to use

modified versions of the Software, including (without limitation) for the purpose of

obtaining unauthorized access to the AskTheRecruiter.com Services. You agree not to

access the AskTheRecruiter.com Services by any means other than through the

interface that is provided by AskTheRecruiter.com for use in accessing the

AskTheRecruiter.com Services.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE AskTheRecruiter.com SERVICES AND SOFTWARE ARE AT

YOUR SOLE RISK. THE AskTheRecruiter.com SERVICES AND SOFTWARE ARE

PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AskTheRecruiter.com AND

ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS

AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE

IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  1. AskTheRecruiter.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

(i) THE AskTheRecruiter.com SERVICES OR SOFTWARE WILL MEET YOUR

REQUIREMENTS; (ii) THE AskTheRecruiter.com SERVICES OR SOFTWARE WILL BE

UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT

MAY BE OBTAINED FROM THE USE OF THE AskTheRecruiter.com SERVICES OR

SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY

PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR

 

OBTAINED BY YOU THROUGH THE AskTheRecruiter.com SERVICES OR

SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE

SOFTWARE WILL BE CORRECTED.

  1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE

USE OF THE AskTheRecruiter.com SERVICES OR SOFTWARE IS ACCESSED AT

YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE

FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH

RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS,

DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE

DOWNLOAD OF ANY SUCH MATERIAL.

  1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY

YOU FROM AskTheRecruiter.com OR THROUGH OR FROM THE

AskTheRecruiter.com SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY

NOT EXPRESSLY STATED IN THE TOS.

  1. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES

WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A

COMPUTER SCREEN OR WHILE USING THE AskTheRecruiter.com SERVICE.

CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC

SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR

EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC

CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE

AskTheRecruiter.com SERVICE. IMMEDIATELY DISCONTINUE USE OF THE

AskTheRecruiter.com SERVICES AND CONSULT YOUR PHYSICIAN IF YOU

EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE

AskTheRecruiter.com SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE

TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY

MOVEMENT, OR CONVULSIONS.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AskTheRecruiter.com AND ITS

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,

GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF

AskTheRecruiter.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE

AskTheRecruiter.com SERVICE; (b) THE COST OF PROCUREMENT OF

SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR

ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR

 

CONDUCT OF ANY THIRD PARTY ON THE AskTheRecruiter.com SERVICE; OR (e)

ANY OTHER MATTER RELATING TO THE AskTheRecruiter.com SERVICE.

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE

ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

  1. SPECIAL ADMONITION FOR AskTheRecruiter.com SERVICES RELATING TO

FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts

or other information from the AskTheRecruiter.com Services concerning companies,

stock quotes, investments or securities, please read the above Sections 19 and 20

again. They go doubly for you. In addition, for this type of information particularly, the

phrase “Let the investor beware” is apt. The AskTheRecruiter.com Services is provided

for informational purposes only, and no Content included in the AskTheRecruiter.com

Services is intended for trading or investing purposes. AskTheRecruiter.com and its

licensors shall not be responsible or liable for the accuracy, usefulness or availability of

any information transmitted or made available via the AskTheRecruiter.com Services,

and shall not be responsible or liable for any trading or investment decisions based on

such information.

  1. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no

third-party beneficiaries to this agreement.

  1. NOTICE

AskTheRecruiter.com may provide you with notices, including those regarding changes

to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message,

postings on the AskTheRecruiter.com Services, or other reasonable means now known

or hereafter developed. Such notices may not be received if you violate this TOS by

accessing the AskTheRecruiter.com Services in an unauthorized manner. Your

agreement to this TOS constitutes your agreement that you are deemed to have

received any and all notices that would have been delivered had you accessed the

AskTheRecruiter.com Services in an authorized manner.


  1. TRADEMARK INFORMATION

You agree that all of AskTheRecruiter.com’s trademarks, trade names, service marks

and other AskTheRecruiter.com logos and brand features, and product and service

 

names are trademarks and the property of AskTheRecruiter.com (the

“AskTheRecruiter.com Marks”). Without AskTheRecruiter.com’s prior permission, you

agree not to display or use in any manner the AskTheRecruiter.com Marks.


  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR

INTELLECTUAL PROPERTY INFRINGEMENT

AskTheRecruiter.com respects the intellectual property of others, and we ask our users

to do the same. AskTheRecruiter.com may, in appropriate circumstances and at its

discretion, disable and/or terminate the accounts of users who may be repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright

infringement, or your intellectual property rights have been otherwise violated, please

provide AskTheRecruiter.com’s Copyright Agent the following information:

 

  1. an electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright or other intellectual property interest;

  1. a description of the copyrighted work or other intellectual property that you claim has

been infringed;

  1. a description of where the material that you claim is infringing is located on the site;
  2. your address, telephone number, and email address;
  3. a statement by you that you have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law;

  1. a statement by you, made under penalty of perjury, that the above information in your

notice is accurate and that you are the copyright or intellectual property owner or

authorized to act on the copyright or intellectual property owner’s behalf.

AskTheRecruiter.com’s Agent for Notice of claims of copyright or other intellectual

property infringement can be reached by reaching out to us on our contact form.

 

  1. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and

AskTheRecruiter.com and governs your use of the AskTheRecruiter.com Services,

superseding any prior version of this TOS between you and AskTheRecruiter.com with

 

respect to the AskTheRecruiter.com Services. You also may be subject to additional

terms and conditions that may apply when you use or purchase certain other

AskTheRecruiter.com services, affiliate services, third-party content or third-party

software.

Choice of Law and Forum. You and AskTheRecruiter.com each agree that the TOS and

the relationship between the parties shall be governed by the laws of the State of

California without regard to its conflict of law provisions and that any and all claims,

causes of action or disputes (regardless of theory) arising out of or relating to the TOS,

or the relationship between you and AskTheRecruiter.com, shall be brought exclusively

in the courts located in the county of Santa Clara, California or the U.S. District Court for

the Northern District of California. You and AskTheRecruiter.com agree to submit to the

personal jurisdiction of the courts located within the county of Santa Clara, California or

the Northern District of California, and agree to waive any and all objections to the

exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of AskTheRecruiter.com to exercise or

enforce any right or provision of the TOS shall not constitute a waiver of such right or

provision. If any provision of the TOS is found by a court of competent jurisdiction to be

invalid, the parties nevertheless agree that the court should endeavor to give effect to

the parties’ intentions as reflected in the provision, and the other provisions of the TOS

remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your

AskTheRecruiter.com account is non-transferable and any rights to your

AskTheRecruiter.com ID or contents within your account terminate upon your death.

Upon receipt of a copy of a death certificate, your account may be terminated and all

contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary,

any claim or cause of action arising out of or related to use of the AskTheRecruiter.com

Services or the TOS must be filed within one (1) year after such claim or cause of action

arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual

effect.

  1. VIOLATIONS

Please report any violations of the TOS by contacting us.