These Terms constitute a binding agreement between DSM and you, a visitor to or user of the Services, along with any entity or other person that you represent (collectively, “you” and “your”). If you are using or accessing the Services on behalf of any entity or other person, you represent and warrant that you are authorized by such entity or other person to accept these Terms on such entity’s or other person’s behalf. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who wish to access or use any part or all of the Services.
BY ACCESSING OR USING THE SERVICES, YOU EXPLICITLY AGREE THAT YOU UNDERSTAND AND WILL COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
All rates, charges, and payments related to your Account and use of the Services shall be made according to our payment policies available HERE, which are incorporated by reference as if fully restated herein.
Access to the Services
Registration and Password Protection
To access certain Services, you must you register for an account (“Account”) with us by following the account registration procedures posted on the Website. When you create an Account, you represent, warrant, and guarantee that you are above the age of 18 years, and that all of the information you provide to us is accurate, complete, and current at all times. By logging in to your Account with your username and password (collectively, “Credentials”), you agree to comply with any and all procedures regarding your Account and Credentials, as specified by DSM by any means from time to time.
YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR CREDENTIALS AND/OR ACCOUNT, WHETHER INTENTIONALLY OR UNINTENTIONALLY. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR VIA YOUR ACCOUNT AND/OR CREDENTIALS.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of the Services, your Account, or your Credentials. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Services for you and other users.
DSM may, in its sole discretion and for any reason and at any time modify, interrupt, suspend, terminate, or suspend access to the Services, in whole or in part, and/or your Account or Credentials. DSM will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by DSM that is not caused by your breach of these Terms. However, DSM reserves the right to terminate your use of the Services and/or your Account without notice, upon your breach of any of these Terms.
You may terminate your access to and use of your Account and the Services at any time and for any reason whatsoever.
Effect of Termination
You are responsible for ensuring that you retain a copy of any information that you upload, post, or otherwise provide to or via the Services. We shall have no obligation to provide copies of any information associated with your Account, or use of the Services, upon any modification, suspension, or termination of your Account, or any or all of the Services for any reason.
DSM, you, and other users of the Services may post, link, store, share, and otherwise make available certain information, text, graphics, photographs, videos, audio, designs, or other material created or provided by DSM, you, other users of the Services, and third parties in any combination (collectively, “Content”).
Service ContentContent that you do not provide to us that is accessible via the Services (“Service Content”) is owned by us or is used with permission. You have no right, title, or interest in or to any Service Content except as otherwise provided in these Terms and are prohibited from using any Service Content for any purpose other than for your proper use of the Services. You may not distribute or sell Service Content, whether in whole or in part, for commercial purposes or for personal gain, or make any changes, additions, or deletions to, Service Content without advance, written permission from us and the owner.
By providing Content on or through the Services, you represent and warrant that: (i) such Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided below, (ii) that such Content is not misleading and is true, accurate, and complete, (iii) that the provision of such Content on or through the Services is lawful and does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iv) such Content is free of Malware (as defined herein).
You are also responsible for the reliability, completeness, and appropriateness of any and all Content that you provide via the Services. We take no responsibility and assume no liability for Content you or any third party provides via the Services. However, by posting Content via the Services you grant us worldwide, royalty-free, non-exclusive, perpetual, unlimited, irrevocable, and fully sub-licensable license and right to use, modify, perform, display, distribute, publish, translate, reproduce, and sell such Content via the Services.
We reserve the right but not the obligation to monitor, edit, and remove any and all Content in our sole discretion. We also have the right to use, copy, and share any Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Services, including the retention of such Content in any backups of our computer systems.
DSM assumes no responsibility for the content of any job listing or website that is either included in the Website’s search results or linked to via the Website. Such information is created by third parties and collected and provided by us in an automated manner, without any prior screening by us.
You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you, which is provided by other users of the Services and/or third parties. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL CONTENT PROVIDED BY ANY OTHER USER OF THE SERVICES OR ANY THIRD PARTY EXPRESSES THE VIEWS OF THE AUTHOR, AND DSM SHALL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR SUCH CONTENT. YOUR ACCESS TO AND USE OF THE SERVICES IS UNDERTAKEN AT YOUR OWN RISK, and DSM is not responsible for any offensive or otherwise objectionable Content available via the Services but created or provided by any user of the Services or any third party. However, you agree to report to DSM any and all violations of these Terms that you become aware of, via the contact information provided near the end of these Terms.
License for Use of Content
DSM grants you a limited license to display, download, print, and use (collectively, “Use” or “Used”) Service Content via and onto your personal computer or device only (“Limited License”). Under the terms of such Limited License, you may Use Service Content provided that: (i) the DSM copyright notice (set forth below) appears in the Content so Used, and (ii) such Use is solely for your personal or internal business purposes. You acknowledge and agree that this Limited License grants you no right to modify, edit, alter, enhance, remove, or destroy any Service Content in any manner. This Limited License terminates automatically, without notice to you, if you breach any of these Terms. Upon any termination of this Limited License, you agree to immediately destroy any and all copies of Service Content, whether whole or in part, and cease using both your Account and the Services. You are solely responsible for the security and privacy of any Service Content that you Use.
Use of the Services
Permitted and Prohibited User Conduct
You are only permitted to use your Account, the Services, and Content solely for the purpose of identifying and applying for employment opportunities for yourself and/or to identify and engage prospective employees for legitimate and lawful employment opportunities that you may have, in accordance with these Terms. You are expressly prohibited from and agree not to use any Account, the Services, and any Content for any other purpose (“Prohibited Conduct”). Without limiting the foregoing, we provide a bulleted list of examples of Prohibited Conduct below (organized by topic) solely for the avoidance of doubt. Such list shall not be construed as an exhaustive listing of all Prohibited Conduct.
Without limiting the foregoing, you are prohibited from and agree not use the Services to, or attempt to:
Circumvention of Security Measures
- Log in to an Account that is not yours or with Credentials that we did not assign to you;
- Access Service Content that is not made available to all Services users or is otherwise not intended for your access;
- Identify, test, challenge, or tamper with the security measures and protections or any vulnerability of the Services;
- Impersonate anyone via the Services;
- Modify, reverse engineer, disassemble, decompile, or otherwise attempt or allow others to attempt to discover the underlying computer codes and/or scripts used by the Services;
- Disable, overwhelm, substantially slow, interfere with or limit authorized access to, or cause a denial of the Services;
- Intentionally expose the Website or Services to any Malware (as defined herein);
Misuse of Content
- Use any robot, spider, or other program or device to retrieve or index any portion of the Services;
- Harvest or otherwise collect information about other users for any purpose other than as expressly permitted herein;
- Provide Content that relates to a user of the Services other than you, or otherwise publically disseminate private communications, without express, prior, written consent from such other user, without regard to whether you were a party to such private communication;
- Frame or link to the Services or any Content without our advance, written permission;
- Include any hyperlinks or any misleading, irrelevant, or hidden keywords or code in any Content provided by you;
- Harass, stalk, or otherwise subject any other user of the Services, or any of our personnel, to unwanted or inappropriate contact or communication;
- Send or make any unsolicited contact with a user of the Services, whether in person, by mail, e-mail, fax, or unsolicited phone call;
- Advertise any products or services via the Services without our advance, written permission;
- Provide any information that could be used to facilitate unsolicited contact by a third party to any person, without such person’s advance, written permission;
Other Prohibited Activities
- Engage in any activity in violation of any law, rule, or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others or violation of the privacy or publicity rights of any other person;
- Engage in any employment-related activity or offer of employment in violation of any law, rule, or regulation;
- Post any position or business opportunity that requires recruitment of other individuals, sub-distributors, or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise, or distributorship arrangement; or
- Post any position or business opportunity that requires payment from the applicant.
Reporters and Researchers
Reporters, researchers, and third party representatives must receive permission from DSM before posting to the Website and/or using the Services, and must identify him or herself as such along with his or her name and affiliation with an organization in all postings.
The Services are controlled and operated in whole or in part by us from our offices within the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. DSM makes no representations, warranties, or guarantees that the Services are appropriate or available for use in other locations or jurisdictions.
YOU ARE RESPONSIBLE AND ASSUME ALL RISK FOR COMPLYING WITH THE LAWS OF THE UNITED STATES AND THE LAWS OF THE JURISDICTIONS WHERE YOU ARE LOCATED AND FROM WHICH YOU ACCESS THE SERVICES, including U.S. export and re-export laws and regulations regarding the transmission of technical data. The Services employ Secure Socket Layer and/or Transport Layer Security encryption during the payment process to promote the security of your payment information. You represent and warrant that you will not access or use the Services in violation of law, including, without limitation, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are in full compliance with the regulations and laws listed above in addition to any and all laws, rules, and regulations of any and all other applicable jurisdictions. The provisions of this “International Use” section shall survive termination or cancellation of your Account, the Services, or these Terms.
Nothing contained in these Terms or the Services shall constitute an offer or solicitation to buy or sell any product to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. We cannot and do not warrant that the Services are compatible with your computer systems or that the Services will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties (collectively, “Malware”). You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your computer systems and information, and you are responsible for the entire cost of any and all investigations, service, replacement, and repairs of and to any and all computer systems or information that may be necessary as a result of your use of the Services, to the fullest extent allowed by applicable law.
Customer Support and Compatibility
It is your responsibility to select, acquire, and maintain your own computer system and other devices and software that are compatible with your use of the Services.
We may, in our sole discretion, provide intermittent customer support on a limited basis as a convenience to you. However, we reserve the right to refuse to provide, cease providing, or charge a reasonable fee for providing customer support, in our sole discretion.
The Website may contain trademarks, service marks, logos and other names that are the property of DSM or such other party as indicated with respect to that name or icon. DSM’s trademarks, logos and icons, may not be used without DSM’s prior written consent.
You are prohibited from uploading, posting, or otherwise transmitting any materials that violate another person’s intellectual property rights.
DSM does not claim ownership of third party Content. However, by posting third party Content to any area of the Website, you grant DSM and its designees a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such third party Content (in whole or in part) and to incorporate such third party Content into other works in any format or medium now known or later developed. DSM shall not be liable for any use or disclosure of any third party Content.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) may provide 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 Content provided via the Services infringe your copyright, you (or your authorized agent) may send us a notice requesting that the material be removed or that access to it be blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DSM a counter-notice.
ALL NOTICES AND COUNTER-NOTICES MUST CONTAIN ANY AND ALL INFORMATION REQUIRED BY, AND MUST OTHERWISE BE MADE IN ACCORDANCE WITH, THE PROVISIONS OF THE DMCA, AS AMENDED FROM TIME TO TIME.
We suggest that you consult legal counsel before filing a notice or counter-notice. Persons submitting false claims under the DMCA may be fined. Notices and counter-notices with respect to the Services should be sent by USPS first class certified mail to: DSM Copyright Notice, 11803 Kingston Pike, Suite 149, Knoxville, TN 37934.
LIMITATIONS; DISCLAIMERS; INDEMNIFICATION
The following limitations and disclaimers shall apply in all cases except as otherwise agreed to in a legally-binding, written agreement executed by you and an authorized officer of DSM. For purposes of this paragraph, a “writing” does not include an email message and a signature does not include an electronic signature. To the extent that perpetual or implied disclaimers or exclusions, or specific limitations of liabilities are not allowed by applicable law, such disclaimers, exclusions, or limitations shall be enforceable for the longest period and/or to the fullest extent permitted by applicable law.
Limitations of Liabilhity
IN NO EVENT SHALL DSM, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS (COLLECTIVELY, THE “DSM PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY OTHER USER OF THE SERVICES OR OTHER THIRD PARTY VIA THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimers of Warranty
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE DSM PARTIES EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, ACCURACY, INTEGRITY, SECURITY, COMPLETENESS, AND/OR CONFIDENTIALITY OF THE SERVICE AND ANY AND ALL ASSOCIATED CONTENT.
THE DSM PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICE WILL BE CORRECTED OR THAT ANY UPDATES TO THE SERVICE WILL BE PROVIDED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Further LimitationsIN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR THE SERVICES EXCEED AN AMOUNT EQUAL TO FIFTY PERCENT (50%) OF THE SUMS PAID BY YOU TO US DURING THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACT OR OMISSION UPON WHICH SUCH LIABILITY IS BASED. You acknowledge that the allocation of risk and the limitations of liabilities contained in this Agreement are material considerations for our agreements herein. Any future enhancements to the Services that are not specifically described in this Agreement are deemed to be covered by all limitations, exclusions, and disclaimers provided for in these Terms.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DSM AND ITS AFFILIATES, LICENSEES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES), RESULTING FROM OR ARISING OUT OF: (A) ANY USE OR ACCESS OF THE SERVICE, BY YOU OR ANY PERSON USING YOUR ACCOUNT OR LOGIN CREDENTIALS; OR (B) YOUR BREACH OF THESE TERMS, OR C) CONTENT THAT YOU PROVIDE TO THE SERVICE OR VIA THE SERVICE.
Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Tennessee in connection with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Services. If you have violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages that we may have. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
No Waiver; Severability; Entire Agreement
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
No Partnership.You and DSM agree that no joint venture, partnership, employment, or agency relationship exists between you and DSM as a result of these Terms or your use of the Services.
No Third Party Rights
These Terms and Conditions govern your interactions with us and shall not be construed as giving rights or obligations to third parties.
All provisions of the Terms which by their nature should reasonably survive termination of any business relationship between DSM and you shall survive such termination, including, without limitation, provisions related to international use, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If you grant us a license, it will also survive any termination. Any license we may grant to you terminates immediately upon termination of your right to use the Website or Services, or to maintain an Account. Your warranties and indemnification obligations shall survive any termination for the longest period allowed by applicable law.
Changes to These Terms
From time to time, we may change the Terms, and reserve the right to do so in our sole discretion. In that case, we will post the updated Terms to the Website and indicate the date of revision, and all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted. You are solely responsible for knowing and ensuring that you understand the provisions of the current Terms by reviewing them on the Website from time to time. Without limiting the foregoing, DSM may from time to time elect, in its sole discretion, to use reasonable efforts to notify you of any changes to the Terms that DSM deems to be substantial or material, for your convenience and not based on any obligation of DSM.
BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
These Terms may not be otherwise amended except in a writing that is hand signed by both you and an authorized officer of DSM. For purposes of this paragraph, a “writing” does not include an email message and a signature does not include an electronic signature.
If you have questions about or want to report any violation of these Terms, please contact us at: 866-870-4885 or by email at firstname.lastname@example.org.
These Terms were last updated as of: August 24, 2018.