- User Submissions
By uploading or otherwise submitting or adding your User Content to the Site, you confirm that (a) you are the owner of the User Content or have the permission of the owner to submit the User Content; (b) you have the full authority to use the User Content and all its elements, including, without limitation, the authority and/or consent of any person who appears in such content; (c) you, and, if applicable, the owner of the User Content, are at least 18 years of age; (d) you are legitimately seeking employment; (d) the User Content does not contain text or images that are or may be construed to be defamatory, illegal or encouraging of illegal activities, pornographic, violent, obscene, or abusive; (e) the User Content does not infringe upon any trademarks, copyrights, or other intellectual property owned by a third party; and (f) you are granting PROPHET a non-exclusive, royalty-free, worldwide license to display User Content on the Site. “User Content” means any resumes, photographs, artwork, designs, drawings, text, treatments, formats and/or similar materials which are submitted, uploaded, or otherwise added by you to the Site.
Your User Content shall remain your sole and exclusive property. Except as you may specifically agree to in writing, we may not use, copy, reproduce (including, without limitation, the copying, transmitting, or saving of digital files), display, distribute, modify, or create a derivative work from your User Content. It is your responsibility to safeguard your intellectual property rights with respect to your User Content in the course of dealing with employers, recruiters, hiring managers and other third parties you may be introduced to or made aware of as a result of your use of the Site and/or the Services. We cannot and do not assume any liability relating to your User Content. You agree to indemnify, defend, and hold harmless PROPHET, and its affiliates, partners, licensees and assignees from and against any infringement claims relating to your User Content, whether asserted by you or a third party.
You acknowledge that the Site provides the users thereof with a passive forum to acquire information about employment and careers and to submit resumes to third parties. You agree that there is no employment, partnership, agency, or joint venture relationship between you and PROPHET arising out of or resulting from your use of the Site. You acknowledge and accept that PROPHET does not screen or monitor any resumes, job descriptions, and other content submitted by employers, recruiters, hiring managers, and other users of the Site. Therefore, PROPHET makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any such materials. PROPHET reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any User Content or block any user’s access to the Site for any reason whatsoever.
- Intellectual Property Rights
All trademarks, slogans, service marks, trade names, and trade dress appearing on the Site are proprietary to PROPHET and/or our partners, affiliates, licensors or licensees. PROPHET may change the Site or delete Site Content or features at any time, in any way, for any reason.
If you have any questions about copyrights or want to request permission to use any Site Content, please contact us at info@Prophetinc.com.
- Links to Third Parties
The Site may have links to web sites owned by advertisers and other third parties (the “Linked Sites”). PROPHET does not control or monitor the Linked Sites and shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any endorsement or sponsorship by PROPHET of the Linked Sites. You are solely responsible for your access of the Linked Sites and any transactions you engage in as a result of such access.
- Disclaimers, Indemnification, and Limitation of Liability
SUBJECT TO APPLICABLE LAW, THE SITE CONTENT OR CONTENT OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY SITE CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH SITE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF HARM SUSTAINED BY YOU OR YOUR PROPERTY DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, THAT YOUR USE OF THE SITE WILL RESULT IN YOU OBTAINING EMPLOYMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SITE CONTENT AND ANY CONTENT YOU PROVIDE TO THE MANUFACTURERS AND OTHER THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
Reliance on any information appearing on the Site is strictly at your own risk.
(b) LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ PARTNERS, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SITE CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE SITE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
IN NO EVENT SHALL PROPHET BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE WHATSOEVER ARISING OUT OF OR CONNECTED WITH YOUR OR YOUR REPRESENTATIVES’ DEALINGS WITH ANY RECRUITERS, EMPLOYERS, HIRING MANAGERS AND OTHER THIRD PARTIES WHO YOU ATTEMPT TO CONTACT OR WITH WHOM YOU BECOME IN CONTACT WITH AS A RESULT OF YOUR USE OF THE SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PROPHET, AND ITS AFFILIATES, PARTNERS, LICENSEES, AND ASSIGNEES FROM AND AGAINST ANY LOSSES, DAMAGES, AND CLAIMS DIRECTLY OR INDIRECTLY RELATING TO OR RESULTING FROM YOUR DEALINGS WITH ANY SUCH PARTIES, INCLUDING THEIR REPRESENTATIVES, AGENTS, AFFILIATES, AND ASSIGNS.
- General Provisions
(a) JURISDICTIONAL AND VENUE ISSUES; GOVERNING LAW
Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use, the Site, and/or the Services shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Massachusetts, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Any fraudulent, abusive or illegal activity may be grounds for termination of your access to the Site, and, at our sole discretion, you may be reported to the appropriate law enforcement agency/agencies.
- Your Consent and Changes to These Terms