Last Updated: 10/28/2018
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE CLEAREDCAREERS.COM WEBSITE OR MOBILE APP.
1 Legal Information
Cleared Careers LLC (“ClearedCareers.com“, “company,” “we,” “us“) provide this web site, mobile app, and all site-related services, including the content and code related thereto (collectively, the “site“), subject to your compliance with the terms and conditions set forth below.
This Agreement is made between the Company and you, the Site visitor and/or registered user (“you”). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or
- Change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof.
Changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
You must be at least 16 years of age, a current US citizen, and be employed by the company for which you are representing.
The Company reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
Cleared Careers assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company’s investigation, verification and determination that such hire is suitable for your company’s purposes.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
The Company has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company’s sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.
2 Warranty & Disclaimer
This site, including any content or information contained within it or any site related service, or any product or service licensed, purchased or otherwise made available through the site, is provided “as is” with no representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Cleared Careers LLC., and its subsidiaries, affiliates, suppliers, sponsors, and agents disclaim all warranties, express or implied, including, but not limited to, the implied warranties of title, merchant-ability, fitness for a particular purpose and non-infringement neither Cleared Careers LLC., its subsidiaries, affiliates, sponsors, suppliers nor agents makes any representation as to the results to be obtained from use of the site or the site-related services.
Cleared Careers and its subsidiaries, affiliates, suppliers, and agents do not warrant that your use of the site or the software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume total responsibility and risk for your use of the site and the software and your reliance thereon. No opinion, advice, or statement of Cleared Careers or its subsidiaries, affiliates, suppliers, agents, registered users, or visitors, whether made on the site, or otherwise, shall create any warranty. Your use of the site and any materials provided through the site are entirely at your own risk.
The Site is only a venue allowing for the posting by employers, recruiters and staffing agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “employers”) and by candidates of their own resumes. The Company does not evaluate or censor the resumes, job listings or other information posted to the Site. Moreover, the Company is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the Site, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates or the ability of candidates to fill job openings.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Site’s users, in the event that you have a dispute with one or more Site users, you release Cleared Careers (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. The Company neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
3 Ownership Rights
All Content available on the Site, as well as the design, layout, and other elements of this Site are the sole property of the Company or its licensors and are protected by copyright, trademark, and other U.S. and foreign laws. Any rights granted to you constitute a license and not a transfer of title. The Company reserves the right to revoke your authorization to view, download, and print the Content available on the Site at any time.
Trademarks displayed on the Site are the property of their respective owners. You may not use any of these trademarks, logos or service marks without the advance written consent of the Company or the third party owner, as applicable.
3.2 Copyright information
All of the writing on our site is the property of the Company and is protected under copyright laws unless otherwise noted. Reproduction of material is strictly prohibited without the prior written permission of the Company. The Company reserves the right to publish material contributed by users. This includes feedback, comments, and general correspondence when appropriate.
By submitting content to any public or non-public area of the Web Site, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
The Company permits the following reproduction: (a) any material you wish to quote up to a paragraph in length and used for commentary purposes provided you credit the Web Site and include a link to the Web Site, (b) general links to the Web Site for informational purposes, and (c) downloading or printing a single copy of Material for offline viewing.
3.3 Copyright infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing
- Identification of the URL or other specific location on this Web Site where the material or activity you claim to be infringing is located or is occurring.
- Your name, address, telephone number and, if you have one, your e-mail address
- A statement by you that you have a good faith belief that use on the Web Site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Because we host job board websites, mobile apps, and other forums found on the Site and elsewhere and, therefore, redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks or other materials (including, but not limited to, job postings) (collectively, “Content”), or by posting such Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company.
- Please note that you retain ownership of any copyrights, trademarks and service marks in any content you submit.
4 Limitation of Liability
Neither Cleared Careers LLC, nor its subsidiaries, affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or content contained on the site, or any product or service purchased through the site. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort, including, without limitation, negligence or otherwise) shall be the total amount paid by you, if any, to access the site.
5 Site and Mobile Application Use
5.1 Code of Conduct
While using the Site, App, or Site-related services, you agree not to do any of the following without our prior written authorization:
5.1.1 Job Postings
- Post any inaccurate, untimely, stale, incomplete or misleading information.
- Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
- Post any employment opportunities that are not security-cleared, or are outside a security-cleared field or organization.
- Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting.
- Place any contact information within a job posting that is different from or in addition to contact information provided when registering to the Cleared Careers service.
- Post any employment opportunity that does not contain a company URL, e-mail address or “apply online” application.
- Allow job postings or employment requirements to remain posted on the Site for more than 96 hours after they are no longer viable or valid. To the extent that a position is placed on “hold” or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening.
- Post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
5.1.2 Resume Database
- Resell or make available to any person not expressly licensed by Cleared Careers, whether via phone, fax, e-mail, mail or any other medium, any of the Cleared Careers services or any information obtained therefrom, including without limitation the names, resumes, or candidate information.
- It is understood and accepted that the resume database will be seeded with names and addresses to monitor improper or unauthorized use.
- Use any search engine, software, tool, electronic storage or retrieval device, agent or other device or mechanism, including without limitation browsers, spiders, robots, scrapers, avatars, or intelligent agents (collectively “Devices”) that is not approved by Cleared Careers to navigate, data-mine, scrape, search or store information from the Site. Approved Devices include those made available by Cleared Careers on the Site, or other generally available third party web browsers, e.g., Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, or generally available search engines, e.g., Google or Bing. Scrapes or data-mining of the Resume Database will result in an immediate termination.
- Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to Cleared Careers job seekers or subscribers.
- Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities for purposes other than hiring for a position advertised on our site.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site to include the resumes in the database.
- Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
5.1.3 General Restrictions
- Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the Cleared Careers service on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the Cleared Careers service under express license from Cleared Careers.
- Express or imply that any statements you make are endorsed by us.
- Impersonate any person or entity, including, without limitation, a Cleared Careers employee or agent, a user of Cleared Careers’ services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
- Respond to a job listing on behalf of anyone other than yourself.
- Delete or revise any material posted by any other person or entity.
- Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of “hacking” or defacing any portion of the Site.
- Use the Site for any unlawful commercial, research, or information gathering purposes.
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
- “Frame” or “mirror” any part of the Site.
5.2 Secure Areas and Passwords
Some areas of the Site may require you to register with us. When you register, you agree to :
- Provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address)
- Maintain and update your information (including your e-mail address) to keep it accurate, current, and complete.
- You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.
As part of the registration process, you will be asked to use your company email address. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party.
If you have reason to believe that your account with us is no longer secure, you must promptly change your password by updating your registration information from the “My Account -> Edit Account Details” tab of the Site and immediately notify us of the problem via email addressed to info@ClearedCareers.com.
You are solely and entirely responsible for maintaining the confidentiality of your username and password and solely and entirely responsible for any and all activities that are conducted through your account.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Site, App, or Site-related services.
The Company reserves the right to terminate your ability to access the Web Site, for any reason, without notice. If the Company determines you have breached any portion of these Terms and Conditions, the Company reserves the right to
- Warn you of your breach by e-mail or written means
- Delete content provided by you (such as resumes or job listings)
- Notify and cooperate with the proper authorities for further legal action
- Continue with any other action which the Company deems appropriate for the situation. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site.