1 General Website Usage - The Website is intended both for individuals seeking employment and for employers/recruiters seeking candidates for employment. The Site may only be used for lawful purposes within the stated context of ProFinder USA's intended and acceptable use of the Website. Additionally, ProFinder USA will serve as the exclusive interpreter of the Websites' both intended and acceptable use.
3 Privacy Reminder - Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
4 Intellectual Property – Specifically, the Website, the ProFinder USA collateral and all right, title and interest in and to the Website and ProFinder USA collateral are the sole property of ProFinder USA or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, ProFinder USA reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Website Content or ProFinder USA collateral, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Website; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Website other than the search engine and search agents available from ProFinder USA and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from the ProFinder USA Website, without the expressed written consent of ProFinder USA or The Apollo Agency LLC. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "ProFinder USA," the ProFinder USA design logo and certain other names or logos are service marks or trademarks of ProFinder USA, and all related product and service names, design marks and slogans are the service marks or trademarks of ProFinder USA. In addition, the "look" and "feel" of the Website (including layout, design, color combinations, button styles, and all other graphical elements) are also protected by ProFinder USA's trademarks, service marks and copyrights. Any code that ProFinder USA creates to generate or display the Content or the pages making up the Sites is also protected by ProFinder USA's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Website Content or ProFinder USA collateral on any authorized copy you make of the Website Content or ProFinder USA collateral. All other product and service marks contained on the Website are the trademarks of their respective owners.
5 Job Seekers License to Use ProFinder USA – ProFinder USA hereby grants you a limited, terminable, non-exclusive right to access and use the Website only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Website solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Website and any consequences arising from such posting. Your use of the Website is a privilege. At its sole discretion, ProFinder USA reserves the right to suspend or terminate that privilege for any reason at any time.
6 Employers License to Use ProFinder USA – ProFinder USA hereby grants you a limited, terminable, non-exclusive right to access and use the Website specifically for your internal business use of seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Website solely for your personal use directly related to searching for and recruiting job prospects. ProFinder USA also grants you a limited, terminable, non-exclusive license to use the ProFinder USA Collateral and Services for your internal use only unless otherwise agreed to. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by ProFinder USA to any third party without the express written authorization of ProFinder USA or The Apollo Agency LLC. You agree that you are solely responsible for the content of any Document you post to the Website and any consequences arising from such posting. ProFinder USA reserves the right to suspend or terminate your access and use at any time if ProFinder USA determines that you are in breach of these Terms and Conditions.
7 Aggregate Data Usage Rights – You both understand and are in agreement that ProFinder USA owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. ProFinder USA may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
8 Miscellaneous Rules Regarding Site Usage - You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
9 User Submissions – ProFinder USA welcomes your comments regarding the Services on the Website. Please note, however, that CareerBuilder does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send CareerBuilder creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of ProFinder USA and/or The Apollo Agency LLC. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on ProFinder USA's part, and ProFinder USA will not be liable for any use or disclosure of any User Submission. Specifically, ProFinder USA shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
10 ProFinder USA Account Usage - The job posting, resume database, and other features of ProFinder USA may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the Services is also subject to any other contracts You may have with ProFinder USA and/or The Apollo Agency LLC. In the case of any conflict between these Terms and any contract you have with ProFinder USA or The Apollo Agency LLC, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on ProFinder USA. You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. 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 registrations and passwords, whether or not authorized by You. You agree to immediately notify ProFinder USA of any unauthorized use of Your account, Profile, or passwords.All ProFinder USA Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any ProFinder USA or The Apollo Agency LLC’s infrastructure;
(c) use any device to navigate or search any ProFinder USA Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by ProFinder USA;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any ProFinder USA Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any ProFinder USA Site;
(h) aggregate, copy or duplicate in any manner any of the ProFinder USA Content or information available from any ProFinder USA Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any ProFinder USA Content or information available from any ProFinder USA Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any ProFinder USA Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any ProFinder USA Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt 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";
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by 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; or
(x) use the ProFinder USA Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Monster’s discretion.
Violations of system or network security may result in civil and/or criminal liability. ProFinder USA 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.
Employers are solely responsible for their postings on the ProFinder USA Website. ProFinder USA is not to be considered to be an employer with respect to Your use of the ProFinder USA Website and ProFinder USA shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the ProFinder USA Website.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from ProFinder USA, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from ProFinder USA's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ProFinder USA’s web servers.
(a) any hyperlinks, other than those specifically authorized by ProFinder USA;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in ProFinder USA’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by ProFinder USA;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.You may not use Your ProFinder USA job posting, Business Listing, or Profile to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) post jobs or other advertisements for competitors of ProFinder USA or post jobs or other content that contains links to any site competitive with ProFinder USA;
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(j) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(k) post jobs on the ProFinder USA Webite for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post jobs located in countries subject to economic sanctions of the United States Government; and
(q) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
ProFinder USA reserves the right to remove any job posting or content from any ProFinder USA Website, which in the reasonable exercise of ProFinder USA’s discretion, does not comply with the above Terms, or if any content is posted that ProFinder USA believes is not in the best interest of ProFinder USA.
If at any time during Your use of the ProFinder USA Services, You made a misrepresentation of fact to ProFinder USA or otherwise misled ProFinder USA in regards to the nature of Your business activities, ProFinder USA will have grounds to terminate Your use of the ProFinder USA Website.
When You register with the ProFinder USA Website, You will be asked to create an account and provide ProFinder USA with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
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 ProFinder USA Website.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your ProFinder USA account or Your ProFinder USA account is terminated, all Your account information from ProFinder USA, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from ProFinder USA's databases and will be removed from any public area of the ProFinder USA Website. Information may continue to be available for some period of time because of delays in propagating such deletion through ProFinder USA’s web servers. In addition, third parties may retain saved copies of Your Information.
ProFinder USA reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
1 Allocation of Responsibility – ProFinder USA assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. ProFinder USA acts as a portal 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 Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, ProFinder USA may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. ProFinder USA has no liability or responsibility to Users for performance or nonperformance of such activities. ProFinder USA may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
2 No endorsements by ProFinder USA - Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
(a) THE WEBSITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PROFINDER USA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PROFINDER USA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) PROFINDER USA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PROFINDER USA IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) ProFinder USA makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) ProFinder USA makes no representations or guarantees regarding the Content of the Website, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) PROFINDER USA MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. PROFINDER USA DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL PROFINDER USA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROFINDER USA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PROFINDER USA'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL PROFINDER USA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH PROFINDER USA, THE AMOUNTS ACTUALLY PAID BY YOU TO PROFINDER USA UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that ProFinder USA will be entitled to equitable relief upon a breach of this agreement by you.
5 User Authentication - Because User authentication on the Internet is difficult, ProFinder USA cannot and does not confirm that each User is who they claim to be. Because ProFinder USA does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release ProFinder USA 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.
6 California Residents - 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."
7 Payment of Services upon Termination of Service Activation Agreement - If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then ProFinder USA shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8 Links to Other Sites – ProFinder USA contains links to several third party web sites. These links are provided solely as a convenience to you and not as an endorsement by ProFinder USA of the contents on such third-party web sites. ProFinder USA 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.
9 Amendments to this Agreement and Changes to Sites – ProFinder USA may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by ProFinder USA unless ProFinder USA agrees to them in a signed writing specifically including those new or different terms. ProFinder USA may change the Website at any time.
10 Indemnity - You agree to defend, indemnify, and hold harmless ProFinder USA (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. ProFinder USA shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11 Copyright Complaints
(a) ProFinder USA respects the intellectual property of others. It is ProFinder USA's policy to respond to claims of copyright and other intellectual property infringement. ProFinder USA 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, ProFinder USA 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. ProFinder USA will terminate access for Users who are repeat infringers.
(b) Notifying ProFinder USA of Copyright Infringement: To provide ProFinder USA notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of email@example.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.
(c) Providing ProFinder USA 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 ProFinder USA with a counter notification by written communication to the attention of "Trust and Site Security" at firstname.lastname@example.org 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.
Please note that Sections 16 and 17 below contain terms and conditions that apply to specific Services (Resume Database and WorkForce Analytics) and they are part of this Agreement if you are purchasing or using any of those specific Services.
1 "ProFinder USA Collateral" includes any collateral, materials, methodologies, systems, or other intellectual property used during the provision of Services.
2 ProFinder USA Web Site" or the "Site" means any web site under ProFinder USA's control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Collateral, and Services (as applicable in each context).
3 "Content" includes all Text, Graphics, Design and Programming used on the Sites. "Document" refers to any posting to a Site, whether job or resume. "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
4 "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment. Additionally, "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
5 "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer. "Services" means any services provided by ProFinder USA or its agents described herein and specified more fully in the Service Activation Agreement. "User" refers to any individual or entity that uses any aspect of the Sites. "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.