TERMS AND CONDITIONS FOR CAREER DESTINATION

Please read the following pages carefully, as they contain the Terms and Conditions that will govern your use of the Career Destination web site. These Terms and Conditions constitute a legally binding agreement between Career Destination and the User. Use of the Career Destination web site at http://www.careerdestination.com will be considered acceptance of these Terms and Conditions. It is the User's responsibility to carefully read these Terms and Conditions before using this site. If you do not wish to be bound by the Terms and Conditions contained in the following pages, please do not use the Career Destination web site.

Definitions

The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.

“You” and “Your”: These two terms refer to the Talent, Employer, or User, (and the User’s organization, if the User is an Employer).

“Career Destination”, “We”, “Us” “the Company” and “Our”: These terms all refer to Career Destination, Inc.

Career Destination has the right to alter this agreement or these Terms and Conditions at any time. This may be done by updating the pages you are looking at now. Please visit this page periodically in order to check the changes that could possibly be made to these Terms and Conditions. Every time you use this site, you are agreeing to the Terms and Conditions as they exist at that time.

OWNERSHIP OF THIS SITE

This site is owned and operated by Career Destination Development, L.L.C., in Overland Park, Kansas, the United States of America. Unless otherwise noted in this site, Career Destination owns the copyright on all content. Content includes: text, graphics, logos, trade marks, software server information, and anything else hosted on this site. All rights to our content, services, and server information are reserved. Any modifications made to the content of this site is a violation of the Company’s copyright.

HOW CAN YOU USE THIS SITE?
Acceptable Uses for This Site

You can use this site for posting and receiving job information. [Insert a purpose statement or a description of the general use of this site.]

Each user has permission to download, view, and print in the form of a “blind” talent profile or “blind” job profileone copy at a time of the content on the Career Destination web site for the sole purpose of finding an employer or employee through Career Destination. For purposes of the previous sentence, “blind” means devoid of personally identifying contact information.

Users agree to keep their password confidential.

When using this site you must obey all applicable federal, state and local laws. This site was created and will be operated from the United States. Any use of this site that violates any applicable laws will be grounds for discontinuing the user's rights to this site.

Unacceptable Uses for This Site

Any postings by Users on this web site must not violate anyone’s trade secrets or copyrights. The postings cannot have any offensive content. Offensive content includes, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.

Users are prohibited from engaging in activity that compromises the Career Destination web site. Such activity includes without limitation hacking, worms, viruses, spamming, spybots, cancelbots, Trojan horses, mailbombing or crashing.

Users may not engage in any activity that is designed to impede the use of the Career Destination web site by other users. Users are prohibited from engaging in any activity that jams the web site, including overloading and flooding.

Except in the User fields intended for the purpose, Users are prohibited from posting personally identifying information or message.

Users are prohibited from posting messages that violate anyone else’s privacy.

Users are prohibited from sending e-mails to other Users who have not requested them.

Users are prohibited from framing or [deep] linking into the Career Destination web site. Users are not to place hyperlinks in their own postings.

Any access to the Career Destination web site by means of an automated process, spiders, bots or any similar devises, is prohibited unless that User has obtained written permission from Career Destination.

Any User duplicating the web pages, modifying the site, or the content of the site, must have written permission, prior to their activity, from Career Destination.

LEGAL RIGHTS GRANTED TO TALENT

Career Destination grants to Talent a personal, non-transferable and non-exclusive right to access and use the content on the Career Destination web site solely for personal use in connection with Talent’s search for an Employer. All use must be in accordance with the Terms and Conditions as expressed at the time of use. You will comply with all Career Destination policies, including those stated in the Privacy Policy.

LEGAL RIGHTS GRANTED TO EMPLOYERS

For Employers, Career Destination grants you and your company a non-transferable and non-exclusive right to access and use the content on the Career Destination website for your use only in connection with seeking qualified candidates for jobs with your organization. Use by Employers must be in accordance with all Terms and Condition as set out by Career Destination at the time of use, the Employer Agreement, and the Privacy Policy.

INTELLECTUAL PROPERY

The software and source codes used on this site are the intellectual property of Career Destination. Any attempt to modify or acquire this site through duplication, transfer, reverse engineering, disassembly, or otherwise is prohibited. Users may not create derivative works from this site. Users may not attempt to access or duplicate the software available through this Career Destination web site in an attempt to sell or transfer any rights in such software. Many of the means and functions of this site are patented or patent pending. Users are not permitted to infringe upon the patented or patent pending features.

Trade Marks

The trademarks and service marks found on the Career Destination web site are property of Career Destination, whether registered or unregistered. Career Destination does not grant permission for Users to use these trademarks or service marks. Users should not interpret anything in this site as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication or estoppel. The “Career Destination” logo and the trademark “Career Destination” may not be used in any way without express written permission from Career Destination.

Copyright

Any content contained within this web site is the registered copyright of Career Destination. Career Destination does not release it’s legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of this web site is a violation of Career Destination’s copyright. This copyright extends to protect the software programs and the source codes contained within this web site.

Users hold a copyright interest in their postings. Users agree, by using this web site, to grant to Career Destinations a non-exclusive license for the use of their postings. Users further agree to release their moral rights to their postings.

Users further agree not to modify or tamper with the content of other User’s postings. Such behavior is a violation of other User’s copyrights and could be grounds for termination.

Patents

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RIGHTS AND RESPONSIBILITIES OF CAREER DESTINATION
Responsibilities to Users

Career Destination does not guarantee the accuracy of any of the postings. No User has a claim against Career Destination for the User’s reliance on these postings.

Career Destination is not responsible for the content of other User’s postings.

Career Destination has the right to monitor Users’ postings, but is under no obligation to do so. If Career Destination feels, in its sole discretion, that the content of a User’s posting is inappropriate, Career Destination reserves the right to modify that User’s posting(s) or to terminate that User’s subscription.

Career Destination is not responsible for any incidental or consequential damages incurred by Users. Career Destination disclaims any express or implied warranties, any warranty of merchantability, warranty of fitness for particular purpose, or warranty of non-infringement. [This is a service, so what about CL warranties and disclaimers?]

Career Destination is not responsible for the employment decisions of the Employers, the behavior of the Talent, or the accuracy of the postings. We do not screen our Users.

If a user has a claim against another User, Career Destination is not liable for that dispute.

This is an “As-Is” website. Users accept that they use this site to their own risk and without any guarantees or promises from Career Destination. This includes the functionality and operation of the site. Career Destination does not promise that this site will be operational 100% of the time.

Rights of Career Destination
Right to Terminate User’s Subscriptions

Career Destination, in its sole discretion, may terminate Users for violating Career Destination policies, including the Privacy Policy, Terms and Conditions, and the Employer Agreement.

Users further guarantee that the information that they post to the Career Destination web site is accurate. Users are responsible for their own postings, and all information included in those postings must accurately reflect the skills or job requirements of the User.

Users agree to indemnify Career Destination against any lawsuit based on User’s activities. This includes any lawsuit based on the content on the User’s postings.

Jurisdiction and Choice of Law Provisions

This site is governed by the federal laws of the United States of America and the state laws of Kansas.

All disputes concerning this site shall be within the sole jurisdiction of the State of Kansas.