Terms of Use

THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE CANDOGRAM. PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE AND SERVICE. BY USING THIS WEB SITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE OWNER OF THIS SITE, CANDOGRAM INC. (THE "COMPANY" OR "CANDOGRAM") MAY REVISE THE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS, BECAUSE THEY ARE BINDING ON YOU. THE TERMS "YOU" AND "USER" AS USED HEREIN REFER TO ALL INDIVIDUALS AND/OR ENTITIES ACCESSING THIS WEB SITE FOR ANY REASON.

USE OF WEB SITE MATERIALS

The Company authorizes you to view and access a single copy of the content available on or from Candogram.com (the "Web Site") solely for your personal or professional use. The contents of this Web Site, and of any other web sites under the Company's control, whether partial or otherwise including but not limited to text, skill profiles, Job Requirements Index Standard (JORIS), software application breakdowns, graphics, images, logos, button icons, software code and other Web Site content (collectively, "Web Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML, Java or other code that the Company creates to generate any Web Site Content. It is also protected by the Company's copyright.

ACCEPTABLE SITE USE

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, 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 harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing, tortious, hateful or otherwise objectionable.

STANDARDS FOR ACCEPTABLE SITE USE

In connection with your use of the Web Site, you will not:

• Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
• Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous, otherwise objectionable or that may invade another's right of privacy or publicity.
• Impersonate any person or entity, including without limitation a Candogram employee or agent, an authorized user of Candogram services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
• Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the skill profile of an individual other than yourself).
• Delete or modify any material posted by any other person or entity not related to you.
• Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
• Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting ndividuals and entities.
• Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
• Violate or attempt to violate the security of the Web Site, including, without limitation:
  • accessing data not intended for such user or logging into a server or account that the user is not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "denial of service attacks", "mailbombing" or "crashing";
  • sending unsolicited advertising, promotional materials, e-mail, "junk mail" or "spam", "chain letters", or any other form of solicitation; or
  • forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Candogram will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

SPECIFIC PROHIBITED USES

The Web Site may be used only for lawful purposes by individuals seeking employment and career information and Candogram member companies seeking to hire employees. Candogram specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-skill profile information such as opinions or notices, commercial or otherwise. YOU MAY NOT SEND UNSOLICITED ADVERTISING (“SPAM”) OUR MEMBER COMPANIES OR CANDIDATES WHOSE SKILL PROFILES APPEAR ON THE WEB SITE.

• Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate skill profile that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Recruiters representing candidates may not submit that candidate's skill profile.
• Deleting or revising any material posted by any other person or entity.
• Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
• Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
• YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS WEB SITE, DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Candogram on this Web Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer).
• Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
• Presenting any of the materials or information from the Web Site in a way likely to cause confusion about its origin.
• Framing of or linking to any of the materials or information available from the Web Site.

USE OF SECURE AREA AND PASSWORD

Use of any password-protected area of the Web Site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to Candogram resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Candogram of any unauthorized use of your registration or password.

USER INFORMATION

In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that Candogram may disclose to third parties, on an anonymous basis, certain aggregate information resulting from information that you place on the Web Site. Candogram reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by Candogram or by third parties. Please see Candogram's Privacy Statement for further details regarding your information.

USER SUBMISSIONS

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post the skill profile of anyone other than yourself, post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; delete any author attributions, legal notices or proprietary designation or labels that you upload; post material that reveals trade secrets, unless you own them or have the permission of the owner or otherwise post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as material protected by a nondisclosure agreement); post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of 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 Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Web Site you grant Candogram and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

SUBMISSION OF INFORMATION AND USE OF OTHER SITES

Users utilizing the PowerCart section of the Web Site understand that Candogram will submit at their request certain information entered by the user to specific potential employer web sites and may agree on such user’s behalf to abide by the terms and conditions of such sites. BEFORE UTILIZING THE POWERCART SECTION OF THE WEB SITE, YOU AGREE TO REVIEW THE POTENTIAL EMPLOYERS WEB SITE’S TERMS AND CONDITIONS AND TO UNDERSTAND AND AGREE TO SUCH TERMS AND CONDITIONS.

THE COMPANY'S LIABILITY

Candogram is only a venue. This Web Site acts as a venue for candidates to post their own skill profiles for the purpose of evaluating job opportunities for themselves. The Company does not screen or censor the profiles or other information. The Company is not involved in the actual transaction between Member Companies and their vendors or companies and candidates. As a result, The Company has no control over the quality, safety or legality of the profiles posted or the ability of candidates to fill job openings. 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 the Web Site.

Because user authentication on the Internet is difficult, the Company 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 Candogram, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The Company is under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The Company expects that you will use caution and common sense when using this Web Site.

The Web Site may contain inaccuracies or typographical errors. the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any skill profile or material contained therein placed by you on the Web Site. Companies are solely responsible for their postings on the Web Site.

The Company does not warrant or guarantee that a skill profile will be viewed by any specific number of users, or that it will be viewed by any user.

The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.

WARRANTY INFORMATION AND DISCLAIMER

Candogram DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Candogram IS NOT RESPONSIBLE FOR THOSE COSTS.

THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEB SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Candogram MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. NEITHER Candogram, ITS AFFILIATES, NOR ITS SPONSORS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR SITE-RELATED SERVICES.

YOU AGREE THAT Candogram IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE.

You acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Web Site. Although the Company attempts to ensure the integrity and the accuracy of the Web Site, it makes no guarantees whatsoever as to the correctness of the Web Site. In the event that an inaccuracy arises, please inform the Company so that it can be corrected.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

Candogram, ITS AFFILIATES, ITS SUPPLIERS, AND ITS SPONSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION UNDER ANY CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE OR FROM THE USE OR INABILITY TO USE THE WEB SITE, MATERIAL, OR SITE-RELATED SERVICES CONTAINED WITHIN THE WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES, AND METERIAL CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE WEB SITE AND ITS SERVICES.

LINKS TO OTHER SITES

The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Candogram of the contents on such third-party web sites. Candogram 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.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.

LIMITATION OF LIABILITY

The aggregate liability for Candogram to you for all claims arising from the use of the Materials is limited to $100.

TERMINATION

Candogram reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by Candogram, upon any breach by you of these Terms and Conditions or if Candogram is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

INDEMNITY

You agree to defend, indemnify, and hold harmless Candogram, its 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 your use of the Material or your breach of the terms of these Terms and Conditions. Candogram shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL

Candogram makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site 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 and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York County, New York. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Terms and Services, additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and Candogram with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.