CareerBuilder

User Conduct.

Monk-e-mails are not private messages and may be accessed by others via the Internet. By using CareerBuilder's Monk-e-mail (the "Site"): You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent, harassing or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. CareerBuilder reserves the right in its sole discretion to delete any such content you provide in violation of these Terms of Use. You also warrant and agree that you shall not: (a)impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by CareerBuilder of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws. You also agree that CareerBuilder may access, preserve and disclose your identity if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) respond to claims that any e-mail messages violate the rights of third parties; (iii) protect the rights, property or personal safety of CareerBuilder, the users of the Site and the public. Under no circumstances will CareerBuilder be liable in any way for any content you have provided in your use of the Site, including, but not limited to any errors or omissions in such content, or any loss or damage of any kind incurred as a result of the review and/or use of such content.

We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

You agree to defend, indemnify and hold CareerBuilder, their directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.

Disclaimer of Warranties.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. CareerBuilder does not warrant that the Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. CareerBuilder makes no warranty that the Site will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from CareerBuilder or through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

Limitation of Liability.

IN NO EVENT SHALL CAREERBUILDER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED to the use of, or the inability to use, the Site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if CareerBuilder or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall CareerBuilder be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site. In no event shall the total liability of CareerBuilder to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms of Use or your use of the Site exceed, in the aggregate ($1.00) U.S. dollar.

Applicable Laws.

The Terms of Use and the relationship between you and CareerBuilder shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. You and CareerBuilder agree that any cause of action that may arise under your use of the Site shall be commenced and be heard in the appropriate court in the State of Illinois, County of Cook. You and CareerBuilder each agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County in the State of Illinois. The failure of CareerBuilder to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

User Information.

In the course of your use of the Site, you may be asked to provide certain information to CareerBuilder or CareerBuilder may collect such information from you (the "User Information"). CareerBuilder's procedures in relation to the collection and storage of User Information is set forth below. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Unsolicited or Solicited Materials.

Unless specifically requested, CareerBuilder does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its Services, by e-mail, or in any other way. Any information or material submitted or sent to CareerBuilder will be deemed not to be confidential or secret. By submitting or sending information or other material to CareerBuilder you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to CareerBuilder you grant CareerBuilder the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any privacy or publicity rights in posted materials have been waived.

No Confidentiality.

You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.

Collecting Information.

Personally Identifiable Information: This Site has the ability collect certain personally identifiable User Information such as name and e-mail addresses through the sending of e-mail messages and postings to various social media websites.

Cookies.

User Information also consists of "Cookies," which are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with the Site. We may use cookies to customize your experience on the Site. We may also use cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Site or your interaction with our Site.

IP Address.

We or our affiliate partner may collect your IP (Internet Protocol) address, which also falls under User Information, to help diagnose problems with our server, administer our Site or as required by law enforcement personnel. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and may be used to gather broad demographic data.

Use of User Information.

CareerBuilder and its affiliates may use User Information collected on and through this Site to comply with the purpose for which such information was collected and other purposes, as disclosed at the time such information is provided, or as described in these Terms of Use. For example, the User Information collected on and through the Site may be used to send you information about our and our affiliates' products and services and updates to our Site. In certain instances you will have an opportunity to limit this use at time the User Information is collected. You also may limit this use by following the instructions in Choice/Opt-out below. We may use the User Information we gather along with information obtained from other sources, including third parties.

Sharing.

CareerBuilder may share your User Information with business partners that we believe may provide offers that may be of interest to you. In certain instances you will have an opportunity to limit this sharing at the time the User Information is collected. You also may limit this sharing by following the instructions in Choice/Opt-out below.

In order to make the Site more enjoyable for visitors, CareerBuilder constantly strives to learn how users use the Site. User Information concerning your use of the Site and related Services may be made available to one or more third parties, such as a data processor, fulfillment agency, or advertising agency, for these purposes.

CareerBuilder may make User Information concerning users of the Site available to law enforcement personnel and agencies when requested to do so or as required by law.

Posting Information to the Site.

You are solely responsible for the User Information and other content you post on or through the Site. You understand that User Information that you post on or through the Site, is generally accessible to and may be collected and used by others and may result in unsolicited messages or other contact from others. Users of these forums are encouraged to exercise caution when providing User Information about themselves.

Security.

We take security very seriously. However, due to the open communication nature of the Internet, We cannot guarantee that communications between you and us, and us and you, will be free from unauthorized access by third parties.

Consent.

By providing any User Information to this Site, you fully understand and unambiguously consent to the transfer of the same to, and the collection and processing of such User Information in, the United States and other countries or territories.

Choice/Opt-out:

You may choose to have your name taken off CareerBuilder's e-mail list or have CareerBuilder not provide your information to others in the future by following instructions as provided in any e-mail message from CareerBuilder.

Copyright Act Agent.

CareerBuilder respects the intellectual property of others. It is CareerBuilder's policy to respond to claims of copyright and other intellectual property infringement. CareerBuilder will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, CareerBuilder may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CareerBuilder will terminate access for Users who are repeat infringers.

Notifying CareerBuilder of Copyright Infringement: To provide CareerBuilder notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of TSST@careerbuilder.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing CareerBuilder with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide CareerBuilder with a counter notification by written communication to the attention of "Trust and Site Security" at TSST@careerbuilder.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.