Last Updated: August 3, 2020
Welcome to the CareerDean International websites and the CareerDean mobile application together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site” or collectively as the “Sites” ), which are operated by CareerDean International Inc. and its subsidiaries (“CareerDean” or “we” or “us”).
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and CareerDean (“Other Terms”), the Other Terms shall control.
The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.
CareerDean is not a law firm and does not provide legal representation. CareerDean project attorneys do not constitute a law firm among themselves.
By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.
The Sites are controlled or operated (or both) from the United States, and are not intended to subject CareerDean to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites are at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Subject to and conditioned on your compliance with these Terms, CareerDean grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use.
The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of CareerDean or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of CareerDean or their respective third party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.
3. USER SUBMITTED MATERIALS
The Sites include functionality to enable you to upload your résumé and/or other employment- and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant CareerDean a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place CareerDean under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
CareerDean may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
4. RULES OF CONDUCT
In connection with the Sites, you agree NOT to:
- Post, transmit or otherwise make available through or in connection with the Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Insert or permit to be inserted, any malicious or harmful software into the Sites, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Sites or Third Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Sites; or (c) prevent detection of any unauthorized invasion of the Sites (“Malware”).
- Use the Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Sites.
- Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Sites.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized herein.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Sites.
- Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.
- Systematically download and store Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Sites, without CareerDean’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, CareerDean grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. CareerDean reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
5. THIRD PARTY MATERIALS
The Sites may make available or provide links to third party websites, content, services, or information (“Third Party Materials”). CareerDean does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.
6. INFORMATION WE SHARE WITH THIRD PARTIES
We share personal information with clients, service providers, affiliated companies, and other third parties.
SHARING WITH CLIENTS
With your permission, we may submit your resume, application and other information to a prospective employer on the basis that such prospective employer will not 1) disclose the fact that such job seeker is seeking employment and 2) share your personal data with any other person without job your consent or otherwise in compliance with applicable labor and employment laws.
We may share your personal information, with sufficient information removed so that you are not readily identifiable, to prospective employers to solicit their potential interest in you as a job candidate.
SHARING WITH SERVICE PROVIDERS
SHARING WITH AFFILIATED COMPANIES
We share personal information with other CareerDean companies to help provide our services to you, to improve our own products and services, and to
SHARING WITH OTHER THIRD PARTIES
We may share user information with third parties when we believe, in our sole discretion, that such sharing is appropriate:
to comply with the law, including but not limited to, in response to a subpoena served on CareerDean;
- to protect the rights, property or safety of CareerDean, our users or others;
- or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical or legally actionable (including exchanging user information with other companies and organizations for fraud protection).
We will share personal information with a third party who acquires any or all of CareerDean’s business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event CareerDean becomes the subject of an insolvency proceeding, personal information will be disposed of in a transaction approved by the court.
Please note that if you post any information in a public area of the site the information that you share will be visible to other users and can be read, used, or collected by others. CareerDean is not responsible for the way others may use data you post to public areas of the site.
We may share aggregate personal data from you and others and share it with clients, advertisers, and other third parties. This information does not identify you personally.
WE USE THE FOLLOWING TYPES OF COOKIES:
- Security: These cookies allow us to secure access to your account.
- Preference: These cookies are used to store your preferences.
- Analytics: We track traffic patterns so we can identify popular content and potential problems.
- Advertising: Cookies assist us in advertising to you on and off our sites.
Some cookies will remain on your computer after you have left our site. You can control your cookies at the browser level, but if you choose to disable cookies, it may limit your use of certain features on our sites and apps. Some browsers may be configured to send Do Not Track signals to websites. CareerDean does not accept or process such Do Not Track signals or similar mechanisms.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND CAREERDEAN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Sites.
Further, without limiting the foregoing, CareerDean (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.
10. LIMITATION OF LIABILITY
YOU AGREE CAREERDEAN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE CareerDean WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF CAREERDEAN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $50.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
CareerDean may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Sites will immediately cease; (b) CareerDean may immediately deactivate or delete your user name, password and account; (c) CareerDean will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in CareerDean’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.
12. NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to CareerDean a written notice by mail, e-mail or fax, requesting that CareerDean remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to CareerDean a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
CareerDean International Inc.
400 TradeCenter Dr, Suite 5900
Woburn, MA 01801
Email: [email protected]
Phone: (617) 744-9186
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
13. GOVERNING LAW; JURISDICTION
These Terms are governed by, and will be construed in accordance with, the laws of the state (a) where you use or access the Sites, or (b) if a dispute arises relating to your consideration for hire or your hiring, the state in which the job opportunity at issue is located.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and CareerDean. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and CareerDean relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and CareerDean relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. CareerDean will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
15. ACCOUNT AND PASSWORD
You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not CareerDean, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify CareerDean if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section.
Customers of CareerDean (“Customer”) to whom we provide services may register with CareerDean on the Sites. Once registered, you may be able to:
- create new orders;
- review and modify existing orders;
- review details for each order, including Candidate information;
- update your contact information;
- view Candidate recommendations; and
- review and approve time reports for CareerDean personnel currently working on assignment with you.
- You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying assignments and creating new orders.
Payments Through the Sites
If you wish to pay an outstanding invoice through the Sites (each such payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. To process your payment, CareerDean uses payment gateway platforms, which are independent third parties and subsidiaries. Payment gateways control the security and performance of its payment processing services. CareerDean or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.
If you register as a candidate on the Site (“Candidate”), you may be automatically enrolled in other CareerDean offerings designed to assist you in finding a job. You may be able to update your job search criteria and preferences, upload and update your resume, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. You agree that you are solely responsible for all activities undertaken within your account(s).
As part of the registration process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations and geographic location (the "Candidate Information").
Authorization and Certification
You authorize CareerDean, Customers, and their respective agents to make investigations and inquiries into your employment and educational history and other related matters as may be necessary in arriving at an employment decision. CareerDean may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.
You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize CareerDean and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills and experience and you acknowledge that Customers may reach out to you directly.
You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused employment by Customer, to lose your employment once hired by Customer, or may result in removal of your account from the Site. You are responsible to keep Candidate Information accurate, complete, and up-to-date all the time.
You agree that by using the Sites as a Candidate, CareerDean may contact you via the phone number (via text or call) provided to CareerDean, including cell phone numbers. You also agree that by using the Sites, CareerDean may provide you with job opportunity or general employment information by sending email to you at the email address provided to CareerDean.
18. CONTACT US
If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact the webmaster at the mailing address or email address below.
CareerDean International, Inc.
400 TradeCenter Dr, Suite 5900
Woburn, MA 01801
Email Address: [email protected]