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Terms of Use
Privacy Reminder -- Protect your personal information by never
providing social security, credit card or bank account numbers
to prospective employers. Learn more
This page states the Terms of Use ("Terms") under which
You (as defined below) may use www.Monster.com ("Monster.com"),
an on-line service to post and search employment opportunities
and User (as defined below) resumes. Monster.com features Monster
Networking, an on-line community designed to facilitate valuable
professional and personal networking among its Users based on common
experiences and interests. Monster.com also allows Users to create
individual profiles, which may include personal information (”Profiles”),
and to make these Profiles, or aspects thereof, public.
These Terms include the Monster Privacy Statement and the MyMonster
Premium Fee Policy, each of which is incorporated into these Terms
by reference. Please read these Terms carefully. If You do not
accept the Terms stated here, do not use Monster.com and its services.
By using Monster.com, You agree to be bound by these Terms, including
the Monster Privacy Statement, and, if applicable, the MyMonster
Premium Fee Policy.
Monster, Inc. ("Monster") may revise these Terms at
any time by posting an updated version to this Web page. You should
visit this page periodically to review the most current Terms because
they are binding on You. The terms "You" and "User" as
used herein refer to all individuals and/or entities accessing
Monster.com for any reason. The term “post” as used
herein shall mean information that You submit, publish or display
on any Monster Site (as defined below).
1. Eligibility.
You must be 18 years of age or older, or the age of majority as
that is defined in your jurisdiction, whichever is older, to
visit or use Monster.com in any manner. By visiting Monster.com
or accepting these Terms, You represent and warrant to Monster
that You have reached the age of majority in your jurisdiction,
and that You have the right, authority and capacity to agree
to and abide by these Terms. You also represent and warrant to
Monster that You will use Monster.com in a manner consistent
with any and all applicable laws and regulations.
2. Use of Monster Content.
Monster authorizes You to view and access a single copy of the
content available on or from Monster.com solely for your personal
use. The contents of Monster.com, and of all other Web sites
under Monster's control, whether partial or otherwise (Monster.com
and such other Web sites are sometimes collectively referred
to as "Monster Sites") such as text, graphics, images,
logos, button icons, software and other Monster content (collectively, "Monster
Content"), are protected under both United States and foreign
copyright, trademark and other laws. All Monster Content is the
property of Monster or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly)
of all content on the Monster Sites is the exclusive property
of Monster and is protected by United States and foreign copyright,
trademark, and other laws. Unauthorized use of the Monster Content
may violate these laws, and is strictly prohibited. You must
retain all copyright, trademark, service mark and other proprietary
notices contained in the original Monster Content on any authorized
copy You make of the Monster Content.
You agree not to sell or modify the
Monster Content or reproduce, display, publicly perform, distribute,
or otherwise use the Monster Content in any way for any public
or commercial purpose, in connection with products or services
that are not those of Monster.com, in any other manner that is
likely to cause confusion among consumers, that disparages or
discredits Monster or its licensors, that dilutes the strength
of Monster's or its licensor’s property, or
that otherwise infringes Monster's or its licensor’s intellectual
property rights. You further agree to in no other way misuse Monster
Content that appears on this Site. The use of the Monster Content
on any other Web site or in a networked computer environment for
any purpose is prohibited. Any code that Monster creates to generate
or display any Monster Content or the pages making up any Monster
Site is also protected by Monster's copyright and you may not copy
or adapt such code.
3. Monster Site Restrictions.
Users may not use any Monster Site in order to transmit, post,
distribute, store or destroy material, including without limitation,
Monster 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.
Users are also prohibited from violating
or attempting to violate the security of any Monster Site, including
without limitation, the following activities: (a) accessing data
not intended for such User or logging into a server or account
which the User is 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, host or network, including, without limitation, via means
of submitting a virus to any Monster Site, 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.
Monster will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective
experience for all of our customers, Monster reserves the right
to limit the amount of data (including resume views) that may
be accessed by You in any given time period. These limits may
be amended in Monster’s
sole discretion from time to time.
4. Specific Prohibited Uses.
The job posting, resume database (“Monster Resume Database”)
and other features of Monster.com may be used only for lawful purposes
by individuals seeking employment and career information and employers
seeking employees. Monster Networking and Profiles may be used
only for lawful purposes by individuals to network for personal
or professional purposes with other individuals.
Monster specifically prohibits any
other use of Monster.com, and all Users agree not to do any of
the following: (a) post any jobs on any Monster Site for any
competitor of Monster or post jobs or other content that contains
links to any site competitive with Monster; (b) post jobs or
content on any Monster Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant
to the job or are otherwise misleading; (c) post jobs for modeling
or talent or talent scouting positions on any Monster Site; (d)
use any Monster Resume Database for any purpose other than as an
employer seeking employees, including but not limited to using
the information in the Monster Resume Database to sell or promote
any products or services; (e) use Monster Networking for commercial
recruitment, executive search, staffing, outsourced employment
or any other professional employment or recruitment activity; (f)
post or submit to any Monster Site any incomplete, false or inaccurate
biographical information or information which is not your own;
(g) post on any Monster Site any franchise, pyramid scheme, "club
membership", distributorship or sales representative agency
arrangement or other business opportunity which requires an up
front or periodic payment, pays commissions only (except for postings
that make clear that the available job pays commission only and
clearly describes the product or service that the job seeker would
be selling, in which case such postings are permissible), or requires
recruitment of other members, sub-distributors or sub-agents; (h)
send unsolicited mail or e-mail, make unsolicited phone calls or
send unsolicited faxes regarding promotions and/or advertising
of products or services to a User of any Monster Site; (i) delete
or revise any material posted by any other person or entity; (j)
take any action that imposes an unreasonable or disproportionately
large load on any Monster Site's infrastructure; (k) notwithstanding
anything to the contrary contained herein, use or attempt 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 any Monster Site other
than the search engine and search agents available from Monster
on such Monster Site and other than generally available third party
web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher,
decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any Monster Site;
(m) aggregate, copy or duplicate in any manner any of the Monster
Content or information available from any Monster Site, without
express written consent from Monster; or (n) frame or link to any
Monster Content or information available from any Monster Site.
Monster does not necessarily monitor any materials posted, transmitted,
or communicated to or within the Site. If you believe that something
on the Site violates these Terms please contact our designated
agent set forth in Section 10 below.
If notified by a User of User Content or other materials which
allegedly do not conform to these Terms, Monster may in its sole
discretion investigate the allegation and determine whether to
take any other actions whether to remove or request the removal
of the User Content. Monster has no liability or responsibility
to Users for performance or nonperformance of such activities.
5. Registration Information.
When You register with any Monster Site, You will be asked to create
a MyMonster Account or other account and provide Monster with
certain information including, without limitation, a valid email
address (your "Information"). Information you submit
will be used in accordance with Monster's Privacy Statement.
Monster reserves the right to offer third party services and products
to You based on the preferences that You identify in your registration
and at any time thereafter; such offers may be made by Monster
or by third parties. Please see Monster's Privacy Statement, the
terms of which are incorporated herein by reference, for further
details regarding your Information.
Without limiting any of the other disclaimers of warranty set
forth in these Terms, Monster does not provide or make any representation
as to the quality or nature of any of the third party products
or services purchased through Monster.com or any other Monster
Site, or any other representation, warranty or guaranty. Any such
undertaking, representation, warranty or guaranty would be furnished
solely by the provider of such third party products or services,
under the terms agreed to by the provider.
You understand and acknowledge that
you have no ownership rights in your MyMonster Account, and that
if you cancel your MyMonster Account, all your account information
from Monster, including resumes, Profiles, cover letters, network
contacts, saved jobs, questionnaires and email mailing lists,
will be marked as deleted in Monster's databases and will be
removed from any public area of the Monster Sites. Information
may continue to be available for some period of time because
of delays in propagating such deletion through Monster’s
web servers. In addition, third parties may retain cached copies
of your Information.
6. User Content and Submissions.
You are solely responsible for your MyMonster Account information,
employer account information or job postings, Profile, 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 ("User
Content") that You post on any Monster Site or transmit
to other Users. You agree that in submitting User Content or
otherwise using any Monster Site that you will not impersonate
any person, or submit any materials to Monster that are false,
inaccurate, misleading, unlawful, or are otherwise in violation
of your obligations under these Terms.
By posting User Content to any public area of any Monster Site,
including without limitation, message boards, Profiles, forums,
contests and chat rooms, You automatically grant to Monster and
its affiliates an irrevocable, royalty-free, perpetual, fully paid
non-exclusive right (including moral rights) and worldwide license
to use, copy, reproduce, modify, adapt, publish, translate, communicate
to the public, perform, display, and distribute such User Content
(in whole or in part) and to prepare derivative works of, or incorporate
into 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) such User Content, and to grant and authorize
sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant
or 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. If you post User Content in any public
area of any Monster Site, You also permit any User to access, display,
view, store and reproduce such User Content for personal use. Subject
to the foregoing, the owner of such User Content placed on any
Monster Site retains any and all rights that may exist in such
User Content.
Monster acts as a passive conduit for
the online distribution and publication of User Content and has
no obligation to screen User Content, communications or information
in advance and is not responsible for screening or monitoring
User Content posted by Users. However, Monster may review and
remove any User Content that, in its sole judgment, violates
these Terms, violates applicable laws, rules or regulations,
is abusive, disruptive, offensive or illegal, or violates the
rights of, or harms or threatens the safety of, Users of any
Monster Site. Monster reserves the right to expel Users and prevent
their further access to the Monster Sites and/or use of Monster
services for violating the Terms or applicable laws, rules or
regulations. Monster may take any action with respect to User
Content that it deems necessary or appropriate in its sole discretion
if it believes that such User Content could create liability
for Monster, damage Monster’s brand or public image, or
cause Monster to lose (in whole or in part) the services of its
ISPs or other suppliers.
Monster does not represent or guarantee the truthfulness, accuracy,
or reliability of User Content or any other communications posted
by Users or endorse any opinions expressed by Users. You acknowledge
that any reliance on material posted by other Users will be at
your own risk.
The following is a partial list of User Content that is prohibited
on the Monster Sites. The list below is for illustration only and
is not a complete list of all prohibited User Content.
Content that:
* is implicitly or explicitly offensive, such as User 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";
* promotes or endorses false or misleading information or illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
* 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 manufacture-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, 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.
It is also a violation of the Terms, to include in any User Content
submitted to Monster Networking information that may be interpreted
as direct solicitation, advertisement or recruitment for an available
job position directed to individuals seeking employment on either
a full time or part time basis.
Any Profile You submit must describe You, an individual person.
Examples of inappropriate and prohibited Profiles include, but
are not limited to, Profiles that purport to represent an animal,
place, inanimate object, fictional character, or real individual
that is not You. You may not include in your Profile any telephone
numbers, street addresses, email addresses or other means of contacting
You, other than your last name and URLs.
In order to protect our Monster Networking Users from commercial
advertising or solicitation, Monster reserves the right to restrict
the number of e-mails which a User may send to other Users to a
number which Monster deems appropriate in its sole discretion.
Each candidate made available through the Skilled and Hourly section
of Monster.com has taken skills interview(s) offered by Monster.
The results of each skilled and hourly candidate's skills interview
are not evaluated by Monster and should be evaluated by each employer
based on such employer's specific criteria. The skills interview(s)
are proprietary to Monster and may be changed from time to time
in Monster's discretion. The skills interview(s) do not necessarily
guarantee performance results or capture all criteria that may
be relevant to an employer in making employment decisions. Monster
does not independently verify the information provided by candidates
or the identity of candidates.
If notified by a User of User Content or other materials which
allegedly do not conform to these Terms, Monster may in its sole
discretion investigate the allegation and determine whether to
take any other actions whether to remove or request the removal
of the User Content. Monster has no liability or responsibility
to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users
and welcome your comments regarding our services and the Monster
Sites. Please be advised, however, that our policy does not permit
us to accept or consider creative ideas, suggestions, inventions
or materials other than those which we have specifically requested.
While we do value your feedback on our services, please be specific
in your comments regarding our services and do not submit creative
ideas, inventions, suggestions, or materials. If, despite our
request, You send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the "Submission"),
the Submission shall be the property of Monster. None of the
Submission shall be subject to any obligation of confidentiality
on our part and we shall not be liable for any use or disclosure
of any Submission. Monster shall own exclusively all now known
or later discovered rights to the Submission and shall be entitled
to unrestricted use of the Submission for any purpose whatsoever,
commercial or otherwise, without compensation to You or any other
person.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your
employer account, MyMonster Account, Profile and passwords, as
applicable, and if You are a Monster Premium Subscriber, your
Billing Account. You may not share your password or other account
access information with any other party, temporarily or permanently,
and You shall be responsible for all uses of your Monster.com
registrations and passwords, whether or not authorized by You.
You agree to immediately notify Monster of any unauthorized use
of your employer account, MyMonster Account, Profile, passwords
or Monster Premium Subscriber Billing Account, as the case may
be.
8. Additional Terms Applicable to Monster Networking.
(a) Monster Networking User Levels. The following are the Monster
Networking User levels:
* A "Visitor" has not completed the Monster.com registration
process or created an account (a "My Monster Account"),
but may still search a limited number of Profiles and view the
Monster.com free (public) message boards
* A "Basic Member", after obtaining a MyMonster Account
and creating a searchable Profile, may be contacted by and respond
to other Basic Members, search an unlimited number of Profiles,
view a limited number of Profiles, view the Monster message boards,
and both view and post to the Monster.com free (public) message
boards.
(b) Termination of Monster Networking
Membership. These Terms will remain in full force and effect
while You are a User of Monster Networking at any level. You
may terminate your membership as a Basic Member at any time,
for any reason by using the online cancellation tool or clicking
on the "Help" link on Monster and following
the provided instructions. In addition to other causes of termination
set forth above, Monster may terminate your membership for any
reason, effective upon sending notice to You at the email address
You provide in your MyMonster Account, or such other email address
as You may later provide to Monster.
9. Additional Terms Applicable to MyMonster Premium
(a) Premium Membership. A MyMonster Premium Member has paid for
access to Premium Networking features, along with an exclusive
suite of products and content. The product offerings and pricing
are subject to change at any time with or without notification
to Premium members. A User can access all of the Premium features
from his or her MyMonster Account homepage.
(b) Premium Products. MyMonster Premium products are only accessible
to Premium Members. The list of Premium products includes, but
is not limited to, Resume Enhancements, Priority Resume Listings,
Job Search Tutorials, Career Fit Indicator Test, and the ability
to store five additional job search agents and five additional
resumes over a Basic Membership. These product offerings are subject
to change at any time with or without notification.
(c) Premium Cancellation. A User will
retain access to the Premium features provided that he or she
continues to pay a monthly fee for this access. The User may
terminate his or her membership as a MyMonster Premium Member
at any time, for any reason by using the online cancellation
tool or clicking on the "Help" link
and following the provided instructions. If you cancel your MyMonster
Premium account within 3 business days from date of purchase, Monster
will provide a full refund. If however, you cancel your MyMonster
Premium account thereafter you will not be entitled to any refund
of fees.
(d) Premium Termination by Monster. If Monster terminates your
MyMonster Premium account membership because You have breached
these Terms or Monster is unable to verify or authenticate information
You have provided, You will not be entitled to any refund of fees
paid.
10. Identification Of Agent To Receive Notification And Elements
Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been
uploaded, posted or copied to any Monster Site and is accessible
on such Monster Site in a way that constitutes copyright or trademark
infringement, please print and complete the Monster Proprietary
Rights Complaint Process and Notification Form and send such completed
form to our designated agent.
We have designated April Jodoin as our agent to receive notices
of claims of copyright or trademark infringement or other nonconformance
to these Terms on the Monster Sites. You can contact April as follows:
By mail: April Jodoin
Senior Manager, Compliance and Fraud Prevention
Monster.com
5 Clock Tower Place
Suite 500
Maynard, Massachusetts 01754
By telephone: 1-800-MONSTER
Send us: Monster Proprietary Rights Complaint Process and Notification
Form
Need help with a job seeker issue? Contact us now.
11. Policy Regarding Termination Of Users Who Repeatedly Infringe
The Copyright Or Other Intellectual Property Rights Of Others
Monster, Inc., and all of its affiliated companies respect the
intellectual property of others, and we ask our Users and content
partners 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 Monster.com, You agree
not to use Monster.com or any other Monster Site to infringe the
intellectual property rights of others in any way. We will terminate
the accounts of any Monster.com Users, and block access to Monster.com
and/or the other Monster Sites of any Users who are repeat infringers
of the copyrights, or other intellectual property rights, of others.
We reserve the right to take these actions at any time, in our
sole discretion, with or without notice, and without any liability
to the User who is terminated or to the User whose access is blocked.
12. Monster's Liability.
Monster.com acts as a venue for employers to post job opportunities
and candidates to post resumes and Profiles and does not screen
or censor the listings, including Profiles offered. Monster is
not involved in the actual transaction between employers and
candidates. As a result, Monster has no control over User Content,
the quality, safety or legality of the jobs or resumes posted,
the truth or accuracy of the listings, the ability of employers
to offer job opportunities to candidates or the ability of candidates
to fill job openings and Monster makes no representations about
any jobs, resumes or User Content on Monster.com. Monster may
take any action with respect to User Content that it deems necessary
or appropriate in its sole discretion if it believes that such
User Content could create liability for Monster, damage Monster’s
brand or public image, or cause Monster to lose (in whole or
in part) the services of its ISPs or other suppliers. While Monster
reserves the right in its sole discretion to remove User Content,
job postings, resumes or other material from Monster.com from
time to time, Monster does not assume any obligation to do so
and disclaims any liability for failing to take any such action.
Monster Networking provides a venue for individuals to network
for professional purposes and Monster does not screen or censor
the Profiles or User Content on Monster.com. Monster is not involved
in the actual communications between Monster Networking Users.
As a result, Monster has no control over the accuracy, reliability,
completeness, or timeliness of the Profiles or User Content submitted
on Monster.com and makes no representations about any Profile or
User Content on Monster.com.
In addition, note that there are risks, including but not limited
to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses.
You assume all risks associated with dealing with other Users with
whom You come in contact through Monster.com and/or the other Monster
Sites. By its very nature, other people's information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or
deceptively labeled. We expect that You will use caution and common
sense when using Monster.com and/or the other Monster Sites.
Because User authentication on the Internet is difficult, Monster
cannot and does not confirm that each User is who they claim to
be. Because we do not and cannot be involved in User-to-User dealings
or control the behavior of participants on any Monster Site, in
the event that You have a dispute with one or more Users, You release
Monster (and our agents and employees) from claims, demands and
damages (actual and consequential and direct and indirect) of every
kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes.
If You are a California resident, You
waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor."
The Monster Sites and the Monster Content may contain inaccuracies
or typographical errors. Monster makes no representations about
the accuracy, reliability, completeness, or timeliness of any Monster
Site or the Monster Content. The use of all Monster Sites and the
Monster Content is at your own risk. Changes are periodically made
to Monster Sites and may be made at any time. You acknowledge and
agree that You are solely responsible for the form, content and
accuracy of any resume or material contained therein placed by
You on the Monster Sites. Employers are solely responsible for
their postings on Monster Sites. Monster is not to be considered
to be an employer with respect to your use of any Monster Site
and Monster shall not be responsible for any employment decisions,
for whatever reason, made by any entity posting jobs on any Monster
Site.
Monster cannot guarantee and does not promise any specific results
from use of Monster.com or any Monster Site. No advice or information,
whether oral or written, obtained by a User from Monster or through
or from Monster.com or any other Monster Site shall create any
warranty not expressly stated herein.
13. Disclaimer of Warranty.
MONSTER DOES NOT WARRANT THAT ANY MONSTER SITE WILL OPERATE ERROR-FREE
OR THAT ANY MONSTER SITE AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER
SITE OR THE MONSTER CONTENT RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, MONSTER IS NOT RESPONSIBLE FOR
THOSE COSTS. THE MONSTER SITES AND MONSTER CONTENT ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
MONSTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MONSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MONSTER CONTENT, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
14. Disclaimer of Consequential Damages. IN NO EVENT SHALL MONSTER,
ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MONSTER SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE ANY MONSTER SITE AND THE MONSTER CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
15. Limitation of Liability.
MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH
ANY MONSTER SITE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS
OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF
WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
16. Links to Other Sites.
Monster.com and certain other Monster Sites contain links to third
party Web sites. These links are provided solely as a convenience
to You and not as an endorsement by Monster of the contents on
such third-party Web sites. Monster is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third
party Web sites. If You decide to access linked third-party Web
sites, You do so at your own risk.
17. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under
these Terms. You also agree not to make any unauthorized commercial
use of any Monster Site.
18. Indemnity.
You agree to defend, indemnify, and hold harmless Monster, its
affiliates, and their respective officers, directors, employees
and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from (i) any User Content or other
material You provide to any Monster Site, (ii) your use of any
Monster Content, or (iii) your breach of the terms of these Terms.
Monster shall provide notice to You promptly of any such claim,
suit, or proceeding.
19. General.
Monster makes no claims that the Monster Content may be lawfully
viewed or accessed outside of the United States. Access to the
Monster Content may not be legal by certain persons or in certain
countries. If You access a Monster.com or other U.S.-based Monster
Sites from outside of the United States, You do so at your own
risk and are responsible for compliance with the laws of your
jurisdiction. These Terms are governed by the internal substantive
laws of the Commonwealth of Massachusetts, 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 Boston, Massachusetts. If any provision
of these Terms are 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, which
shall remain in full force and effect. No waiver of any term
of these Terms shall be deemed a further or continuing waiver
of such term or any other term. In addition, Monster’s
failure to enforce any term of these Terms shall not be deemed
as a waiver of such term or otherwise affect Monster’s
ability to enforce such term at any point in the future. Except
as expressly provided in an additional agreement, additional
Terms for certain areas of Monster.com, a particular "Legal
Notice," or software license or material on particular Monster.com
pages, these Terms constitute the entire agreement between You
and Monster with respect to the use of Monster.com. No changes
to these Terms shall be made except by a revised posting on this
page.
20. Additional Terms.
Certain areas of Monster.com and the other Monster Sites are subject
to additional Terms. By using such areas, or any part thereof,
You agree to be bound by the additional Terms applicable to such
areas.
By using any areas of this website or the other Monster Sites that
contain Google Maps, you agree to be bound by the Google Maps Terms
of Use available at http://maps.google.com/help/terms_maps.html
and the legal notices available at http://www.maps.google.com/help/legalnotices_maps.html
as they may be updated from time to time.
21. MonsterLearning.
Monster represents and offers various services of training providers,
but does not provide the learning offered under MonsterLearning.
Unfortunately, from time to time training classes are cancelled
or changed due to a variety of reasons, including under enrolment,
course instructor shortages, re-allocation of learning resources
and other logistical problems. While Monster will work with You
to help You contact your Learning Provider (see Learning Provider
Index page), class changes and cancellations are not within Monster's
control. Accordingly, Monster is not responsible for any loss,
damage, liability, expense or other problem or cost that You
may incur or that may arise as a result of any class, the instruction
received therein, your class being cancelled, or as a result
of, or any change in, the subject matter, location or time of
the class, or change in the instructor, facilities or equipment
used in the class.
22. Term and Termination
These Terms will remain in full force and effect while You are
a User of Monster.com at any level. Monster reserves the right,
at its sole discretion, to pursue all of its legal remedies,
including but not limited to removal of your User Content from
Monster.com and the other Monster Sites and immediate termination
of your registration with or ability to access Monster.com and
the other Monster Sites and/or any other services provided to
You by Monster, upon any breach by You of these Terms or if Monster
is unable to verify or authenticate any information You submit
to Monster.com or pursuant to other Monster Site registration.
Even after You are no longer a User of Monster.com, certain provisions
of these Terms will remain in effect, including Sections 2, 6,
8(b), 10 through 21, inclusive.
These Terms constitute a binding agreement between You and Monster,
and is accepted by You upon your use of the Monster Site.
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