CV Database Subscription Agreement
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING ON THE CREDIT CARD PURCHASE PAGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH CAREERBUILDER.COM INDIA PRIVATE LIMITED ("CAREERBUILDER") FOR THE FULL SUBSCRIPTION TERM.
CareerBuilder owns and operates a website located at (the “Site”), pursuant to which it offers employers and recruiters memberships allowing access to CareerBuilder’s members-only online CV Database (“CV Search”). This Agreement provides the terms and conditions of such membership.
TERMS AND CONDITIONS
1. Access Authority and Conditions. Subject to compliance with each of the terms of this Agreement, CareerBuilder agrees to permit You to access the CareerBuilder CV Database (the "CV Database") via the Site for the purpose of viewing and/or downloading a single copy of available CVs solely for Your use. Following are certain requirements regarding such access:
1.1
The CV Database is to be accessed and used solely by You. Upon Your successful registration for CV Database membership, You will be provided with a password that will permit You to access the CV Database. You may not provide Your password or otherwise permit access to the CV Database to any third party. You may download, one at a time, up to 300 CVs per day (9,000 per month) for Your use in accordance with the terms of this Agreement. You may not provide or distribute such CVs to any third party. You are responsible for protecting and keeping Your password confidential.
1.2
You may not use the CV Database in any way which, in CareerBuilder’s reasonable judgment, adversely affects CareerBuilder’s business or business prospects, the performance or function of the Site or the CV Database or interferes with the ability of other members.
1.3
You may not use the CV Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the CV Database to sell or promote any products or services.
1.4
CareerBuilder may terminate, update, alter or supplement all or any part of the CV Database offering at any time. By permitting access to the CareerBuilder CV Database, CareerBuilder does not convey any interest in or to the CV Database or any other CareerBuilder property or services. All right, title and interest in and to the CV Database is and shall remain in CareerBuilder.
1.5
You agree that Your access to the CV Database will be in compliance with any additional usage requirements provided by CareerBuilder from time to time.
2. Subscription Period. This Agreement shall commence as of the date you click ”I accept”, agreeing to be bound by the terms of this Agreement (the ”Effective Date”) and shall continue for the duration of the Subscription Period selected and prepaid in full by You (”Subscription Period”), unless terminated earlier by CareerBuilder as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.
3. Disclaimer of Warranties. THE CV DATABASE MEMBERSHIP AND USE OF THE CAREERBUILDER CV DATABASE ARE PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE CV DATABASE. THE CAREERBUILDER CV DATABASE IS GIVEN OR ASSUMED BY CAREERBUILDER OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CAREERBUILDER MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CVS. CAREERBUILDER DOES NOT WARRANT THAT YOUR USE OF THE CAREERBUILDER CV DATABASE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.
4. Limitation of Liability. IN NO EVENT WILL CAREERBUILDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE CV DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF CAREERBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL CAREERBUILDER'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.
5. Indemnification. You will, at Your sole cost and expense, indemnify and hold CareerBuilder, and its affiliates and its and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your use of the CV Database or any breach of the terms hereof in any manner. You shall permit CareerBuilder to participate in any such action to the extent that, in CareerBuilder's judgment, CareerBuilder may be prejudiced thereby, and You shall not settle any such action without the prior written consent of CareerBuilder.
6. Amendments. CareerBuilder reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time by posting a revised version hereof or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available as described above. Your continued use of the CV Database after posting or availability constitutes Your agreement to the revision.
7. Authority. You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.
8. Controlling Law and Jurisdiction. This Agreement is governed by the laws of India. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the Indian Courts and the parties hereby agree to such jurisdiction.
9. Force Majeure. CareerBuilder shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.
10. No Assignment. You may not assign this Agreement or any of your rights hereunder. Any such attempted assignment shall be null and void.
11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto. In the event there is any conflict between the terms and conditions of this Agreement and the terms and conditions of use of the Site, the terms and conditions of Site shall control.