Terms
Welcome to RezScore.com, the site that offers online job resources and content operated by RezScore.com, Inc. ("RezScore" or "we" or "us" or other similar pronouns).
These terms of use ("Terms of Use") set forth the standards of use of rezscore.com and all of its associated websites. RezScore.com and all such associated websites are collectively referred to herein as the "Website."
The words "You," "User" or "Member," as used herein, refer to all individuals and/or entities accessing or using the Website for any reason. The term "Your Content" or "User Content," as used herein, shall mean information that You submit, publish or display on any website provided by RezScore.
Please read these Terms of Use carefully. These Terms of Use include RezScore' Privacy Policy located at http://www.rezscore.com/privacy which is incorporated and made a part of these Terms of Use. If You do not accept and agree to all of these Terms of Use, You are not authorized to use the Website or the services provided therein. By accessing or using the Website, You agree to be bound by these Terms of Use, including RezScore' Privacy Policy. Additionally, You understand and agree that RezScore may electronically provide to You either through posting or links on the Website or through e-mail agreements, invoices and other documents, notices and communications regarding Your relationship with RezScore and its services ("Communications"). You hereby consent to receipt of such Communications electronically.
You agree that by registering for or accepting any services on the Website or provided by RezScore, You are acknowledging that You have read, understand and agree to be bound by these Terms of Use, and that such actions constitute Your agreement thereto and acceptance thereof. If You do not agree to any of these Terms of Use, You may not access or otherwise use the Website.
MODIFICATION OF TERMS.
RezScore reserves the right, at any time, to modify, alter, or update the Website, these Terms of Use and the Privacy Policy without prior notice. If We make a material modification to these Terms of Use or the Privacy Policy, We will notify You by (1) sending an email to the email address You have provided in Your account (if any) and, (2) display an announcement on the Website or place an announcement above the text of these Terms of Use or Privacy Policy, as appropriate, for thirty (30) days. After the notice of such modification has been posted for 30 days, the notice will be removed. A brief description of any material modification and the date it went into effect will be placed in the Historical Modifications section at the end of the Terms of Use or Privacy Policy, as appropriate. If You have not used the Website for more than 30 days, You should check the Historical Modifications section for any modifications to the Terms of Use or Privacy Policy prior to any further use of the Website. Should You wish to terminate Your account due to a modification to these Terms of Use or the Privacy Policy, You may do so by clicking on the appropriate link in the Cancellation section below. If You choose to continue using the Website, You agree that by doing so You will be deemed to accept the new Terms of Use or Privacy Policy, as relevant. Except as otherwise provided in this paragraph, these Terms of Use may not be amended.
ELIGIBILITY.
You must be 18 years of age or older, or the age of majority as defined in Your jurisdiction, whichever is older, to use the Website or any of the services provided therein in any manner. By using the Website and accepting these Terms of Use, You represent and warrant that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that You will use the Website and any services or information provided by RezScore in a manner consistent with any and all applicable laws and regulations.
Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by RezScore and/or its affiliates.
ACCESS TO THE WEBSITE.
RezScore reserves the right to modify or discontinue any services or content provided by RezScore with or without notice to the User. You acknowledge and accept that RezScore does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein.
DISCLAIMER OF WARRANTIES.
ALL OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REZSCORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE OR ANY OF THE SERVICES OR INFORMATION PROVIDED THEREIN IN TERMS OF ITS AVAILABILITY, ACCURACY, ADEQUACY, CORRECTNESS, PRECISION, TIMELINESS, COMPLETENESS, THOROUGHNESS, RELIABILITY OR OTHERWISE.
REZSCORE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED THEREIN, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM DEFECT, COMPUTER VIRUS OR OTHER ERROR, IS GIVEN IN CONJUNCTION WITH ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED BY REZSCORE. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES THEREON WILL MEET USERS' REQUIREMENTS.
LIMITATION OF LIABILITY.
The Website acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. RezScore is not involved in the actual transaction between employers/recruiters and candidates. As a result, RezScore has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. RezScore shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with jobs posted on or through the Website. You acknowledge and agree that You are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.
Except as expressly provided in these Terms, in no event shall RezScore, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if RezScore, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall RezScore, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.
REZSCORE' MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO REZSCORE WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless RezScore, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) Your use of the Website, ii) Your use of any content contained therein, iii) Your Content or any information or material that You post to or transmit through the Website, iv) Your violation of these Terms of Use, or v) infringement by You or another User using Your computer or account, of any intellectual property or any other right of any person or entity. RezScore shall provide notice to You promptly of any such claim, suit or proceeding, and RezScore reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with RezScore' defense of such claim.
ACCEPTABLE USE POLICY ("AUP").
(2) Unauthorized Use. RezScore authorizes Members to view and access a single copy of the content available on or from the Website solely for their personal use.. Only one individual may access the Website using the same email or password, unless RezScore agrees otherwise. Unauthorized use of the Website and RezScore' systems including but not limited to unauthorized entry into any of RezScore systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. RezScore reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site. The use of automated programming on the Website, including but not limited to the use of a script to apply to jobs or to communicate with recruiters (e.g. the sending of resumes through RezScore' recruiter database), is contrary to the nature of Our services and not permitted.
(3) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of RezScore or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of RezScore and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. Members must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy they make of such content. Members may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of RezScore, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits RezScore or its licensors, that dilutes the strength of RezScore or its licensor's property, or that otherwise infringes RezScore' or its licensor's intellectual property rights. Members may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that RezScore creates to generate or display any Website Content or the pages making up the Website is also protected by RezScore' copyright and Members may not copy or adapt such code.
(4) Website Restrictions. The job posting, resume database ("RezScore' Resume Database") and other features of the Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
(a) accessing data not intended for You or logging into a server or account that You are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. RezScore will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Members who are involved in such violations.
RezScore also specifically prohibits the following:
Purposely or intentionally uploading a resume or any document whose content is not your own, and/or requesting contact to an email address or contact information not your own.
Posting jobs or content on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant or are otherwise misleading;
Using RezScore' Resume Database for any purpose other than as an employer seeking employees or employees seeking employer, including but not limited to using the information in the RezScore' Resume Database to sell or promote any products or services;
Posting or submiting to the Website any incomplete, false or inaccurate biographical information or information which is not owned or licensed by the poster;
Posting on the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents;
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to other Users or Members;
Deleting or revising any material posted by any other User, Member or other entity;
Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; or
Aggregating, copying or duplicating in any manner all or part of the Website Content or information available from the Website, without express written consent from RezScore.
(6) User Content and Submissions. You are solely responsible for Your account information, employer account information or job postings, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Members. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms.
The following is a partial list, for illustration purposes, of User Content that is prohibited on the Website. You may not post content that:
Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
Harasses, incites harassment or advocates harassment of any group or individual;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
Involves, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Involves, promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
Contains restricted or password only access pages, or hidden pages or images;
Displays or links to pornographic, indecent or sexually explicit material of any kind;
Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
Provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
Solicits passwords or personal identifying information from other Users or Members.
LINKS TO OTHER SITES.
This site may contain links to websites controlled or offered by third-parties (non-affiliates of RezScore). You acknowledge that RezScore is not responsible for the availability of, or the content located on or through any third-party website. RezScore makes no representations about and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to this website. By providing such links, RezScore does not endorse or recommend any products or services offered or information contained therein, nor is RezScore liable for any failure of products or services offered or advertised at those websites. If You decide to access such linked third-party web sites, You do so at Your own risk. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and We are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding the content on those sites.
INTELLECTUAL PROPERTY.
You acknowledge and agree that, as between You and RezScore, RezScore owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to RezScore.com and all Website Content provided by RezScore on the Website, including without limitation, site design, text, graphics, and interfaces ("RezScore Materials"). Any use of RezScore Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of RezScore is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy Our website, RezScore Material or any third-party content available on RezScore' websites.
By posting Your Content to any public area of RezScore' websites, including without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to You and that no other party has any rights thereto, or that You have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any "moral rights" in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to You have been waived; and (ii) You automatically grant to RezScore and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of RezScore Service or for any other purpose, in RezScore' discretion. We cannot be responsible for maintaining any Content that You provide to us, and We may delete or destroy any such Content at any time.
COMMUNICATIONS
When submitting any Content to RezScore, you may be given the option to opt-in to be contacted by RezScore. This grants any RezScore employee, representative or partner the right to contact you through any email address, phone number, mailing address, or any other channel of communication provided in any Content you submit to RezScore. You may opt out of being contacted at any time by emailing, calling, or writing to any RezScore employee, representative, or partner.
If you submit any Content to RezScore through a form subject to RezScore's terms and services that does not have a specific opt-in provision, (including but not limited to filling out our contact form or applying to a job through RezScore), it is implied you are opting in as above.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
RezScore respects the intellectual property of others, and We ask You, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. RezScore reserves the right to terminate Your account, and block access to the Website if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. RezScore reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.
TRADEMARKS.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.
NOTIFICATION OF COPYRIGHT INFRINGEMENT.
If You believe that Your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ? 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that You claim has been infringed;
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
E-mail: ReportInfringement@rezscore.com
ORDERS FOR PRODUCTS AND SERVICES.
We may make certain products and services available to visitors and registrants of the Website. You may only order products or services if You are domiciled in the United States. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to RezScore. You agree to pay all applicable taxes. If payment is not received by us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by us.
REFUNDS.
Except in cases where the subscription began with a free trial period, RezScore will refund Your membership fee in full if You cancel within 3 days of payment. If Your membership began with a trial period, that trial period takes the place of the 3 day cancellation period, and once the paid subscription begins, no refund will be provided. All subscriptions not cancelled within this 3 day period (including without limitation, those subscription that are automatically renewed) may be canceled by You at any time but no refund will be made for unused subscription periods.
A portion of all transactions is non-refundable, the remainder may be refunded at RezScore's discretion.
ADDITIONAL TERMS.
Certain sections or pages on the Website, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Use. In the event of conflicting provisions, the additional terms and conditions will govern.
TERMINATION.
RezScore may discontinue Your access to the Website or suspect or terminate, without notice or liability, Your account membership and/or Your access to and use of the Website, for any violation of these Terms of Use or for any other use that RezScore, at its sole discretion, deems improper.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE.
You agree that You shall not resell or assign Your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.
AVAILABILITY OUTSIDE THE U.S.
RezScore makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Website from outside of the United States, You acknowledge that any personal information You provide will be processed in the United States and other geographies as selected by Us in Our sole discretion, and You hereby consent to the collection and processing of Your personal information in a manner consistent with these Terms of Service and the Privacy Policy.
GOVERNING LAW.
These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York State.
SEVERABILITY; WAIVER.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, RezScore' failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect RezScore' ability to enforce such term at any point in the future.