Terms of Use 

Last modified: May 18, 2021

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ACCEPTANCE OF THE TERMS OF USE 

Welcome to career.place, a solution provided, owned and operated by MDG2 Technologies, Inc ("Company", "we", "us" or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of career.place, including any products, content, training material, functionality and services provided by us (collectively referred to herein as the "Product" and defined below).
 
The career.place Products are intended for organizations (“Employers”) and individuals seeking job positions (“Candidates”). These Terms of Use apply to both Employers and Candidates, so please read them carefully before using the application. The term “Users” means Employers and Candidates collectively. 
 
By using the Products, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you may not access or use the Products. 

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These Terms of Use are between you and us; these Terms of Use do not grant rights to any third parties. 

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CAREER.PLACE PRODUCTS

The “Products” includes the following. 

• Our website www.career.place (the “Website”); and 

• Our application, accessed from app.career.place and my.career.place (the “Application”); and

• Our Training courses and all its associated materials including, but not limited to, slides, documents, and recorded material (the “Training”).

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RIGHT TO USE 

Your use of the Products is subject to the limitations, conditions, and restrictions established by us herein from time to time, in our sole discretion. In order to use the Products, you represent that you:  

• Are at least 18 years of age or older (or are at least 16 years of age or older and have your parent's or legal guardian's consent);  

• Will comply with these Terms of Use; and  

• Are solely responsible for any information or content that you provide us through the Products (collectively, “User Content”), as further described hereunder in the section “User Content License Grant”.  

 

CHANGES TO THE TERMS OF USE 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and will apply to all access to and use of the Products thereafter.  

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Your continued use of the Products following the posting of revised Terms of Use means that you accept and agree to the changes. We will send notice to our Users of major changes to these Terms of Use, but you should check the Website regularly, so you are aware of any changes. 

 

USER CONTENT LICENSE GRANT 

The Application may allow Users to post or provide content that may be viewable by other Users, including, but not limited to, job profiles, company information, job seeker information, messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information ("User Content").  

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User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it. Additionally, you agree that all content you provide to this Application is governed by our Privacy Policy, and you consent to all actions we take with respect to your content consistent with our Privacy Policy.  

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By posting and or otherwise providing any User Content, you expressly grant to the Company a royalty-free, sub-licensable, perpetual, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, translate, publicly display, make derivative works from and otherwise exploit all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of operating the Application and promoting the Company and the Application. This license continues even if you stop using the Application, unless you explicitly request in writing that your User Content is removed. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Company to identify you as a User. Further, to the extent you have given Company the right to access certain User Content that is present on another website or service you own or control, you give Company the right to scrape such website as required to retrieve such User Content for use on the Application as contemplated in the license grants above.   

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As required by applicable law, we will use reasonable efforts to keep non-public User Content you provide us confidential. By providing User Content, however, you consent to our disclosure of User Content to third parties in accordance with our Privacy Policy. 

 

1.  Video Content  

We provide Users a variety of video options and tools to use in association with the Application.  If you choose to use your webcam and microphone through the Application for audio and video communications, you authorize us to allow others to see and hear you through the audio and video obtained through these devices.  You also authorize us to record and store such information on its servers or, authorized third-party servers, in your Account, at your direction. 

User Candidates are expressly prohibited from creating their own recordings of Video Interviews through methods outside the control of Application.  Application employs reasonable measures to prevent any unauthorized recording of Video Interviews. 

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    2. Deletion of Content. 

Except as provided elsewhere in these Terms of Use, all User Content will no longer be accessible to you upon deletion or termination of your Account. You may request that we delete any User Content you have provided to us at any time, either using the tools available to you in the Application or contacting us at info@career.place. 

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You represent and warrant that (a) you have the rights, power and authority necessary to grant us the rights described in this Section for all User Content that you submit, provide, make available or post via the Application; (b) the use by Company of your User Content will not violate any law or infringe the rights of any third party; and (c) your User Content and any other information that you provide to us is legal, legitimate, truthful and accurate.   

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ACCESSING THE APPLICATION AND ACCOUNT SECURITY  

We reserve the right to discontinue or amend the Application, and any service or material we provide through the Application, in our sole discretion and without prior notice.

 

While we make a reasonable effort to keep the Application running at all times as per our Support and Maintenance Policy, we cannot foresee all possible issues that may arise. As such, we will not be liable if for any reason if all or any part of the Application is unavailable at any time or for any period.

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You are solely responsible for making all arrangements necessary for you to have access to the Application, ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use, and you and your agents’, employees’ and contractors’ compliance with these Terms of Use. Depending on the type of account you have, your access may be restricted to certain parts of the Application, or to the entire Application, in our discretion.

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To access the Application or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current and complete. You agree that all information you provide to this Application or the Company, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  

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If you choose, or are provided with a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your User name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  

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We have the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion (except where prohibited by law) for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.   

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PAID SERVICES  

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Billing Policies 

Certain aspects of the Products may be provided for a fee. If you elect to use paid features and/or content of the Products, you agree to the pricing and payment terms for the applicable services, as we may update them from time to time. Recurring charges are billed in advance of service. The Company may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Company has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you. 

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No Refunds

You understand and accept that you will not receive a refund of any pre-paid fees if you stop using our Products. In the event that the Company suspends, limits, conditions, or terminates your access to the Products due to your breach of this Agreement or any other agreement that you have with the Company, you understand and accept that you will not receive a refund for any unused services with respect to fees that you have pre-paid and to the extent that you have not paid the applicable fees, you will remain liable to pay Company the entire fees due for the services, as applicable.  For further information regarding Subscription based services, see Subscription Services section below.  

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Payment Information; Taxes; Delinquent Payments 

All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by Users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time Company is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Company upon written notice.  

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If you elect to add additional paid Products to your selected purchase and/or subscription or if you elect to upgrade your subscription, we will invoice you for such Products, and/or charge your credit or debit card (or other payment method) accordingly.  

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Delinquent payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Company in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Products.  

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Credit and Debit Cards

In the event that you pay for any Products using a credit card or debit card, you authorize Company to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the duration of the applicable term of your selected Products, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that Company may suspend or terminate your access to the applicable Products and that you will continue to remain liable for the full payment for Products even after your access to the Products has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.  

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Subscription Services 

(i) Subscription Plans and Renewals. You have the option to purchase Subscription Plans (e.g., every 30 days, 3 months, 6 months, annual or other period) with the option for automatic renewal.  If automatic renewal is selected, Subscription Plans will automatically renew for recurring periods depending on the duration of your selected Subscription Plan, unless you notify Company of any changes or requests not to renew (i.e., to cancel), prior to the end of the Initial Plan Term (each, a "Renewal Plan Term") or each Renewal Plan Term. Cancellation requests should be made in accordance with the instructions provided on the applicable Company website or in accordance with Section (ii) below. At the time of automatic renewal, if you have provided a credit or debit card, the applicable subscription or other fees will be charged to the debit or credit card provided and/or associated with your account, or you will be invoiced for payment.  

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(ii) Cancellation. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term by contacting us via email at support@career.place and one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected Subscription Plan. You agree and accept that you will not receive any refund if you request a cancellation and that the cancellation request shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by Company.  

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INTELLECTUAL PROPERTY RIGHTS 

The Company name, the mark career.place, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You agree that you will not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Products are the trademarks of their respective owners.

 

Application

The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.   

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Subject to the terms and conditions of this Agreement, you are hereby granted a personal, non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Application as permitted by these Terms of Use. The Company may terminate this license at any time, for any reason. If we terminate your access without cause to do so, you may be entitled to a refund of prepaid and unused fees, determined in the Company’s discretion.   

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Other than as may be specifically and automatically performed by the Application, you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material of our Application, unless you received expressed written approval (email or otherwise) from Company.  

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You agree that you will not access, use or modify any part of the Application or any services or materials available through the Application for any purpose other than the intended use of the Application. You also agree that you will not delete or alter any copyright, trademark or other proprietary rights notices from any copies of materials from the Products, whether in digital format or hard copy. ​

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If you wish to make any use of material on the Application other than that set out in this section, please address your request to info@career.place.   

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If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Use, your right to use the Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Application or any content contained in or on the Application is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  

 

Training

Company grants a non-transferable, non-exclusive and revocable license to the Employer to use the Training according to the terms and conditions set forth in this Terms of Use.

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Training is solely for Employer’s use; you may not use the Training in any way in exchange for monetary consideration. Individuals not employed or working for the Employer may not access or view any Training material, whether electronically or in print without the prior consent of Company. The Employer is permitted online access to the Training and may download, save, or print one hard copy of the Training material solely for use by the Employer, provided the Employer includes all copyright and other proprietary rights notices that appear on the original. Employer may not disseminate any portion of the Training material through any means, without the prior consent of Company.

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The Employer may only use the Training in a way that conforms to all applicable laws and regulations. Except as expressly granted by this Terms of Use, Employer acquires no right, title or license in the Training or the content or other data or materials incorporated in the Training and may not sublicense, sell, or resell the whole or any part of the Training or its contents. Except as expressed granted by this Agreement, Employer may not reproduce, transmit, distribute, or use the Training or the content or other data or materials incorporated in the Training without the prior consent of Company. Employer may not commingle any portion of the Training with any other information and shall not edit, modify, or alter any portion. For permission to copy any Training material beyond what is expressly provided herein, contact the Company at info@career.place.

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Any violation of this Terms of Use in the use of Training will result in the immediate cessation of your license to use the Training and, at the Company’s discretion, maybe pursued to the fullest extent permitted under all applicable laws, treaties, and conventions.

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PROHIBITED USES 

You may use the Products only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Products:  

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• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);  

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;  

• To send, knowingly receive, upload, download, use or re-use any material which does not its entirety comply with all applicable federal, state, local and international laws and regulations;   

• To submit or knowingly receive any material through the Application that does any of the following (“Content Standards”):  

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.  

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, ethnicity, religion, nationality, disability, sexual orientation or age.  

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.  

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.  

  • Deceive or attempt to deceive any person.  

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.  

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.  

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.  

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.  

• To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).  

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Products, or which, as determined by us, may harm the Company or Users of the Products or expose them to liability.  

 

Additionally, you agree not to:  

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• Use the Products in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Products, including their ability to engage in real time activities through the Products.  

• Use any robot, spider or other automatic device, process or means to access the Products for any purpose, including monitoring or copying any of the material on the Products.  

• Disassemble, reverse engineer, decompile or otherwise attempt to derive the Products’ source code or non-public algorithms. 

• Use any manual process to monitor or copy any of the material on the Products or for any other unauthorized purpose without our prior written consent.  

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.  

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Products, the server on which the Products is stored, or any server, computer or database connected to the Products.  

• Attack the Products via a denial-of-service attack or a distributed denial-of-service attack.  

• Otherwise attempt to interfere with the proper working of the Products.

 

MONITORING AND ENFORCEMENT; TERMINATION  

We have the right to: ​ 

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.  

• Terminate or suspend your access to all or part of the Products for any or no reason, including without limitation, any violation of these Terms of Use.

  

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Products. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.  

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We do not undertake to review all material before it is posted on the Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  

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RELIANCE ON INFORMATION POSTED  

The information presented on or through the Products is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed any such materials obtained by you or any other visitor to the Products or anyone who may be informed of any of its contents, such as (but not limited to): (1) the use of any content downloaded from the Products to your computer and/or servers or  (2) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Products, any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided.  

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This Products may include content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.  

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The Products may also have suggested content that can be included with certain services, for example, suggested questions on job requirements.  Company makes no guarantee on the use of this content and is completely up to the User whether it should be used or not.  

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CANDIDATE DATA RETENTION POLICY

We may retain Candidate data in the course of use of our Application. Candidate data is handled and retained in the following manner based on User actions.  

 

If a Candidate is unlocked by an Employer: 

1. A file will be sent to the Employer which will contain all the data the Application has retained on the Candidate up to that point. This will include all assessments, homework and/or interview questions that were part of the Application process. 

2. This file and the data captured within it is to be retained at the discretion of the Employer and the Employer’s internal document retention policy as it relates to Candidates and Employees.

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If a Candidate is declined/not unlocked by an Employer:  

1. The Application may request a reason for declining the candidate. 

2. The Application will retain the Candidate information submitted during the Candidate evaluation process for a minimum of 2 years from the date of declination of said Candidate.  

3. In the event that the Employer needs information on the declined Candidate in relation to a lawful governmental request – please contact info@career.place. 

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NO GUARANTEE 

The Products are provided to you and its Users as a community platform. The Company cannot and does not guarantee that you will be hired for any particular job, nor does the Company guarantee the performance of any particular candidate for any job.  The Company does not guarantee any particular result, and testimonials or past examples of success do not guarantee future results.   

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CHANGES TO THE PRODUCTS

We may update the content on the Products from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Products may be out of date at any given time, and we are under no obligation to update such material.

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INFORMATION ABOUT YOU AND YOUR VISITS TO OUR PRODUCTS

All information we collect on the Products is subject to our Privacy Policy. By using the Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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LINKING TO THE APPLICATION 

You may link to our Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  

Subject to the foregoing, you must not:  

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• Establish a link from any Application that is not owned by you unless that link is a job posting.  

• Cause the Application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.  

• Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Use.  

  

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.  

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You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.  

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LINKS FROM THE APPLICATION  

If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.   

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COPYRIGHT ISSUES  

Please respect the intellectual property of others. If you are a copyright owner or an owner's agent and find any content on the Products that infringes upon your copyright, you may submit a notification under the guidelines of the Digital Millennium Copyright Act (DMCA). Upon receipt of the notification, we will take down the allegedly infringing material immediately until we are instructed otherwise. For a complete notification, please provide our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (see 17 U.S.C 512(c)(3) for further detail). Company’s designated Copyright Agent to receive notifications of claimed infringement can be reached at legal@career.place. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.  

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GEOGRAPHIC RESTRICTIONS 

The Company and owner of the Products is based in the United States. Access to the Products is prohibited by any person(s) or organization(s) designated by the United States government as a foreign terrorist pursuant to section 219 of the Immigration and Nationality Act or otherwise in violation of any US export control restrictions. If you access the Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

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DISCLAIMER OF WARRANTIES  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Products will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  

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YOUR USE OF THE PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PRODUCTS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN.  

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE WARRANTIES MAY BE LIMITED BUT NOT EXCLUDED, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAW, OR $100.00 IF SUCH AMOUNT IS NOT PROVIDED FOR BY SUCH LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.  

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LIMITATIONS ON LIABILITY  

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PRODUCTS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  

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THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WITH RESPECT TO ACTUAL OR ALLEGED INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATON OBLIGATIONS, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACHES OF CONFIDENTIALITY, NO LIMITATION ON LIABILITY SHALL APPLY.

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EMPLOYER INDEMNIFICATION 

Company and Employer agree to defend, indemnify and hold harmless each party, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Products, including, but not limited to, any use of any content sent, submitted, electronically received, viewed, printed, downloaded, or transmitted from the Products; services; and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Products. ​ 

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CANDIDATE INDEMNIFICATION 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Products, including, but not limited to, any use of any content sent, submitted, electronically received, viewed, printed, downloaded, or transmitted from the Products; services; and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Products. ​ 

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GOVERNING LAW AND JURISDICTION  

All matters relating to the Products and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).  

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Any and all disputes arising under the Terms shall be subject to non-binding mediation before an independent mediator selected by the Parties. If the Parties cannot agree on a mediator, the American Arbitration Association shall designate a mediator at the request of the Parties. Any demand for mediation shall be made in writing setting forth with reasonable specificity the basis of the dispute and the relief sought and be served upon the other Party at such Party’s business address. The parties shall agree to a mutually convenient date and time to conduct the mediation; provided, that the mediation must occur within sixty (60) days of the request unless a later date or other location is agreed to by the Parties in writing. Each Party will bear its own fees, costs, and expenses and an equal share of the expenses of the mediation including the cost of the mediator. If the dispute has not been resolved within 180 days after commencement of the mediation, the Parties may, but shall not be required to, submit the dispute to arbitration.

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LIMITATION ON TIME TO FILE CLAIMS  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  

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WAIVER AND SEVERABILITY  

No waiver of by the Company or Employer of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company or Employer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  

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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

 

ENTIRE AGREEMENT  

The Terms of Use, our Privacy Policy, and Copyright Policy (as applicable) constitute the sole and entire agreement between you and the Company, with respect to the Products and supersede all prior and contemporaneous oral understandings, agreements, representations and warranties with respect to the Products. For the avoidance of doubt, the terms of a separate subscription agreement entered into by and between you and the Company shall govern to the exclusion of these Terms of Use where applicable. 

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YOUR COMMENTS AND CONCERNS  

All other feedback, comments, requests for technical support and other communications relating to the Products should be directed to: info@career.place.  

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