Terms of use

TERMS OF USE

Latest update: August 4, 2015

These Terms of Use (“Terms of Use”, “Agreement” or “Terms”) govern the use of www.cvpost.com (the “Site”) by all visitors to the Site. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site (“you” or “user), and CVpost, Inc., the operator of the Site (referred to as “CVpost”, “us”, “we”, or “our”).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SITE. YOU MAY NOT ACCESS AND/OR USE THE SITE OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE.

This Agreement may be modified at any time by us upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at our website. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

PLEASE REVIEW OUR PRIVACY POLICY (https://cvpost.com/privacy-policy). THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.

 

DISCLAIMERS

THE SITE INCLUDING ALL USER CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CVPOST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SITE, ITS CONTENT, OR EMPLOYER INFORMATION PROVIDED TO YOU WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  CVPOST MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. CVPOST SPECIFICALLY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OF USER CONTENT OR THIRD PARTY INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CVPOST OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CREATE ANY LIABILITY ON THE PART OF CVPOST.

CVpost does not screen or censor the USER ACCOUNTS, USER CONTENT or other information. CVpost is not involved in the actual transaction between USERs and potential employers. As a result, CVpost has no control over the quality, safety or legality of the jobs, the truth or accuracy of JOB listings, the ability of companies to offer job opportunities to users or the ability of users to fill job openings.

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with potential employers with whom you come in contact through the Site. CVpost cannot, and does not, confirm that each potential employer is who they claim to be.

You acknowledge that CVpost does not control, and is not under any legal obligation to control the information about potential employers that is collected by CVpost. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site and WITH RESPECT TO job offers from third parties found through this Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job application or other material contained therein placed by you or your agents on the Site.

CVpost does not warrant or guarantee that you will find employment through the use of the Site, nor does CvPost warrant or guarantee that a resume or job posting will be viewed by any specific number of potential employers. CVpost shall not be responsible for any employment decisions, for whatever reason made. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CVPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES, LICENSORS, PARTNERS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, OR THIRD PARTY SITES & ADS. ACCESS TO, AND USE OF, THE SITE (INCLUDING ITS CONTENT AND USER CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

FURTHERMORE, CVPOST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM DISPUTES WITH EMPLOYERS OR POTENTIAL EMPLOYERS YOU HAVE FOUND THROUGH THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF CVPOST TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO CVPOST FOR ACCESS TO AND USE OF THE SITE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CVPOST AND YOU.

If you are a California resident, you waive California Civil Code Sec. 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

USER ACCOUNTS

Account Creation. In order to use certain features of the Site, you must register for an account with CVpost ("CVpost Account" or “Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.

Account Responsibilities. You are responsible for maintaining the confidentiality of your CVpost Account login information and are fully responsible for all activities that occur under your CVpost Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. CVpost cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We will protect your CVpost Account information in accordance with the Privacy Policy.

Communication from CVpost and other Users. By using the Site, you agree to receive certain communications, for example, you may receive an update on services, or you may receive a periodic e-mail newsletter from us. You can opt-out of non-essential communications by unsubscribing from the email notification.

 

SERVICE

Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in CVpost's services (including the Site and its content, but excluding any User Content as defined herein) are owned by CVpost or CVpost's suppliers or affiliates. The provision of our services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. CVpost and its suppliers reserve all rights not granted in this Agreement.

License. Subject to the terms of this Agreement, CVpost grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Site solely for your personal purposes.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) You may not copy or modify the code used to provide the Site; and (f) You may not use the Site in connection with any other website, for any purpose. Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. All copyright and other proprietary notices on the Site must be retained on any copies.

Use of Site at Your Own Risk. Your access to and use of the Site is at your own risk. CVpost will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Site or reliance on any information published on the Site or received from the Site.

Customer Support. CVpost has no obligation to provide you with customer support of any kind. However, CVpost may provide you with customer support from time to time, at CVpost's sole discretion.

Modification Of Site. CVpost reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. CVpost reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to the Site without notice to you. CVpost may modify or remove any information from the Site at any time without notice to you. CVpost is not liable for any such modification, suspension, discontinuance or removal. You agree that CVpost will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

USER CONTENT

User Content. “User Content” means any material that users upload to the Site, in particular but not limited to your name, e-mail address, CV, cover letter for potential employers, the job position you are interested in and other information, including photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data and other similar material.  “Your User Content” means User Content that you provide to CVpost. “Media” means any means of conveying information, whether now known or hereafter devised. You are solely responsible for your User Content. 

You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes you or any third party personally identifiable.

Feedback. CVpost will treat any feedback or suggestions you provide to CVpost as non-confidential and non-proprietary. Thus, in the absence of a written agreement with CVpost to the contrary, you agree that you will not submit to CVpost any information or ideas that you consider to be confidential or proprietary.

User Content License Grants. You hereby grant to CVpost a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to (a) reproduce, distribute, disclose and transmit Your User Content, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from Your User Content, in whole or in part, in any manner and Media, (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee and (d) exercise any and all other present or future rights in Your User Content.

Moral Rights. You hereby waive and agree never to assert any claim of Moral Rights in Your User Content against CVpost or any of CVpost’s licensees. “Moral Rights” means any right to (a) divulge Your User Content to potential employers; (b) claim authorship of Your User Content; (c) object to any modification of Your User Content; or (d) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.

Restrictions. You agree that you will not submit User Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general CVpost standards. We expressly reserve the right to remove or not make available any User Content that we deem to be in violation of this Agreement, applicable laws or our standards in our sole discretion. You agree that you will not upload or otherwise transmit User Content to us 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.

No Obligation. Although we have the right to use Your User Content in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse Your User Content at any time. We reserve the right to remove or edit User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your User Content.

Representations and Warranties. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with our service as described herein; (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party; (c) Your User Content, and CVpost’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, and other exploitation of Your User Content by CVpost as permitted hereunder; (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; (f) all factual statements submitted by you are accurate and not misleading; and (g) Your User Content does not in any other way violate the Acceptable Use Policy (defined below).

You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by CVpost. Because you alone are responsible for Your User Content (and not CVpost), you may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. CVpost is not obligated to backup any User Content and Your User Content may be deleted at anytime. You are solely responsible for creating backup copies of Your User Content if you desire. We will protect User Content in accordance with CVpost’s Privacy Policy.

ACCEPTABLE USE POLICY

The following sets forth CVpost's "Acceptable Use Policy":

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site or CVpost's services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by CVpost or other generally available third party web browsers; (g) forge any TCP/IP packet header or any part of the header information in any email or upload; (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or CVpost's services; (i) access, tamper with, or use non-public areas of the Site, CVpost's computer systems, or the technical delivery systems of CVpost's providers; (j) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (k) access, tamper with, or use non-public areas of the Site, CVpost's computer systems, or the technical delivery systems of CVpost's providers; (l) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (m) in any way use the Site or the Content to send altered, deceptive or false source-identifying information; or (n) harass or interfere with another user's use and enjoyment of the Site or CVpost's services.

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your CVpost Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your CVpost Account user name and password, IP address and traffic information, usage history, and your User Content.

THIRD PARTY SITES & ADS, OTHER USERS

 

Third Party Sites & Ads. The Site may contain links to third party sites and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of CVpost and CVpost is not responsible for any Third Party Sites & Ads. CVpost provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third party website, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

Other Users. Each user of the Site is solely responsible for any and all their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content, including but not limited to information concerning potential employers. Your interactions with potential employers are solely between you and such potential employer. You agree that CVpost will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any potential employer, we are under no obligation to become involved.

Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other user of the Site, potential employers we have contacted on your behalf, or any Third Party Sites & Ads.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to indemnify and hold CVpost, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors, shareholders and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your User Content, or (c) your violation of this Agreement. CVpost reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CVpost. CVpost will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

TERM AND TERMINATION

If you violate any of these Terms of Service, your permission to use the Site will automatically terminate. CVpost reserves the right to revoke your access to and use of the Site at any time, with or without cause.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

CVpost respects the intellectual property rights of others and expects users of the Site to do the same. At CVpost's discretion and in appropriate circumstances, CVpost may terminate the Accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. CVpost may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), CVpost's designated agent for notice of alleged copyright infringement appearing on the Site is: Copyright Agent, e-mail: legal@cvpost.com

Filing a notice of infringement with CVpost requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.

GENERAL

Changes to Terms of Service. You acknowledge and agree that CVpost may revise these Terms of Use from time to time. By continuing to access or use the Site after CVpost makes any such revision, you agree to be bound by the revised Terms of Use.

Waiver. The failure of CVpost to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Copyright/Trademark Information. Copyright © 2015 by CVpost, Inc.. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Site) constitute the entire and exclusive agreement between CVpost and you regarding the Site, and these Terms of Use supersede and replace any prior agreements between CVpost and you regarding the Site. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CVpost's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

If you have any questions about these Terms of Service, please contact CVpost at legal@cvpost.com.