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Summary

CovalentCareers cares about transparency. Immediately below, we have provided a short, bulleted summary of our Terms of Use to help you quickly understand the contents of our complete and formal Terms of Use agreement that follows. Understand that the bulleted summary immediately below is not a binding agreement, rather a summary of the CovalentCareers Terms of Use that follows:

Terms of Use

YOU AGREE THAT BY CLICKING “I HAVE READ AND AGREE TO THE TERMS OF USE” DURING THE CREATION OF YOUR COVALENTCAREERS ACCOUNT, OR BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, SERVICE OR CONTENT.

Definitions

About Our Service

Authorization & Acknowledgement

In connecting with using the Website and Service to locate employment opportunity, you understand that:

User Responsibilities

  1. Relationships between Users. Because we cannot guarantee the fitness of any of our Users for your specific needs, we encourage Users to independently research other Users before engaging into professional relationships with other Users. We recommend Employers conduct an interview and thorough screening of any Employee candidate considered for employment.

  2. No Reliance on Content. Content on the Website is provided for informational purposes only, with no assurance that the Content is true or accurate. Content on the Website is intended to be used for informational purposes only and therefore Users should conduct independent research with respect to Content.

  3. Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of the legal age in your jurisdiction to, bind yourself to the Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of CovalentCareers or any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules and regulations, and with all other CovalentCareers policies.

User Conduct

  1. Lawful Use of the Service. You may use the Website and/or Service for lawful, non-commercial purposes only. You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means. In addition to our right pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.

  2. Employer Job Listings. You acknowledge that you will use job listings as intended under the purchased plan. During the completion of your job listing, CovalentCareers proprietary technology will automatically generate a job description for you. You may edit this job description in accordance with this Agreement. The job description section and title of your job listing may be visible on all public facing jobs pages to which your job listing is syndicated. Recruiters may not use this tool to collect demographic information of matched Employees to hire for any position except the one for which they have created a job listing. Any misuse of this system may result in legal action. Misuse includes unsolicited email for alternative employment opportunities, User data collection, or any other action that does not directly represent an attempt to hire a candidate for the specific job listing for which a match is generated.

  3. Your Account. You are fully responsible for all Content, communications or any other activities that occur, are transmitted, or otherwise made public through your account or through the user name and password associated with your account. We will not be liable for any acts or omissions by you or your representatives or agents, including any damages or losses of any kind incurred as a result of such acts or omissions. You must immediately notify us at info@covalentcareers.com of any unauthorized uses of your Account or any other breaches of security.

  4. Prohibited Content. You agree that you will not under any circumstances transmit any Content that:

    1. is unlawful or promotes unlawful activities;

    2. defames, harasses, abuses, threatens or incites violence toward any individual or group;

    3. is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    4. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;

    5. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

    6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;

    7. impersonates any person or entity, including any of our employees or representatives, or any Users; or

    8. violates the privacy of any third party.

  5. Users Must be Over Age 18. You represent that you are over the age of 18. CovalentCareers does not target our Content to those under 18, and we do not permit any Users under 18 on our Service.

  6. Monitoring User Interactions. CovalentCareers may monitor interactions to ensure compliance with this Agreement and applicable law. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

  7. No Liability for User Interactions. Any liability, loss or damage that occurs as a result of any User interaction, including but not limited to any employment agreements that you engage in or receive through your use of the Service is solely your responsibility.

  8. Right to Terminate Accounts. We reserve the right but not the obligation to determine in our sole discretion whether any User conduct is appropriate and complies with these Terms of Use, and/or terminate use of or deny access to the Service for any User for any reason, with or without prior notice.

  9. Release. The Website is a platform through which Employees can create a profile to search for and match with employment opportunities, while Employers can create job listings for employment opportunities and track and source applicants. We do not screen, review, or otherwise comment on the profile of Users. We do not make any representations as to the truth, accuracy, or reliability of the content of the job listings, the quality, safety or legality of the jobs themselves, or any other CovalentCareers Content. We are in no way a party to any part of any communications, negotiations or transactions between Users, including but not limited to an Employee who interacts with an Employer, matches with or applies to an Employer’s job listing, or accepts or rejects an employment offer. Given the difficulties of verifying or authenticating a User’s true identity, we do not guarantee that each User is who he or she claims to be. You assume all risks in communicating, negotiating, or transacting business with Users with whom you interact, directly or indirectly, through the use of the Website, including but not limited to any potential Employees and Employers who create a profile or job listing on the Website. Neither CovalentCareers nor the Website is responsible for any employment decisions, or the results of any employment decisions, that may be made based on information made or received through the Website. You specifically release the Website and CovalentCareers, and their suppliers, licensees, officers, directors, Employees, agents, and representatives, from any legal or equitable claim, cause of action, damages, or any injunctive relief, arising out of or relating to the Website, including but not limited to: (a) any employment decision or action that is related to or taken based upon any information posted or obtained from the Website; (b) any errors, omissions, interruptions or other inaccuracies on the Website; (c) any Content supplied by any user or third party on the Website; or (d) any dispute regarding the behavior of any user of the Website.

User-Generated Content

  1. Your Ownership of User-Generated Content. You own any User-Generated Content that you create and submit or upload to the Website, but you allow us certain rights to it, so that we can display and share the Content you post. We have the right to remove any and all Content, including User-Generated Content, in our sole discretion.

  2. Your Responsibility. You may create Content, written or otherwise, while using the Service. You are solely responsible for the Content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.

  3. Your Authority to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.

  4. Monitoring of User-Generated Content. CovalentCareers has the right but not the obligation to, in our sole discretion, determine whether any User-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our sole discretion, violates any CovalentCareers policy or is in any way harmful, inappropriate or objectionable.

  5. Ownership of User-Generated Content. Except for Content that originates from CovalentCareers, we do not claim ownership of any User-Generated Content.

  6. Our Rights to your User-Generated Content. You grant CovalentCareers the following rights to your User-Generated Content: by posting any Content on the Website or providing any Content through the Service, you expressly grant CovalentCareers, and our successors a worldwide, sub-licensable, fully-paid, royalty-free and non-exclusive license to use, reproduce, display, modify, adapt, distribute and perform the User-Generated Content in connection with CovalentCareers’ business purpose.

Third-Party Content

  1. Assumption of Risk. By using the Service, you will be able to access Third-Party Content. Your use of the Service is consent for CovalentCareers to present this Third-Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third-Party Content.

  2. Links. As part of the Service, CovalentCareers may provide you with links to third-party websites as well as other forms of Third-Party Content. These links are provided as a courtesy to Users. We have no control over third-party websites or content or the promotions, materials, information, goods or services available on them. By linking to such Content, we do not represent or imply that we adopt or endorse such Content, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than CovalentCareers. We are not responsible for any Third-Party Content accessed through our Website. If you decide to leave the Website and access Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern or apply to your activity or the activity of a third-party.

  3. Limitations. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter or otherwise use any Third Party Content except as permitted by CovalentCareers’ Terms of Use and other policies.

Copyright Infringement and DMCA Policy

  1. Infringement. CovalentCareers respects others’ intellectual property rights and expects our Users to do the same. We may terminate a User’s access to the Website if we determine that the User is a repeat infringer of others’ copyrights or other intellectual property (including CovalentCareers’ rights).

  2. Process. If you believe that any Content violates your copyright, please follow the process indicated in section 512(c) of the Digital Millennium Copyright Act (DMCA). Please provide us with a written takedown notice that includes the following information:

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our Website are covered by a single notification, a representative list of such works on our Website;

    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

    4. information reasonably sufficient for us to contact you, such as email, address and telephone number;

    5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

    6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    7. The notice described above should be sent electronically to info@covalentcareers.com.

Intellectual Property

  1. Our Intellectual Property. CovalentCareers retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. The Agreement does not transfer any CovalentCareers or third-party intellectual property from us to you, and all right, title and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.

  2. Our Trademarks. CovalentCareers, www.covalentcareers.com and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of CovalentCareers, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from CovalentCareers.

Payment & Transactions

  1. Payments. Payment will be processed through “Stripe checkout” as agreed upon by the User. Payments must be received prior to accessing the Services provided to Employers through our paid subscription (i.e., monthly recurring) and non-subscription (i.e., one-time) based services including use of our technology and access to Users.

  2. Authorization. By agreeing to these terms, you are giving CovalentCareers permission to collect your pertinent credit card information and charge your on-file credit card or other approved method of payment for fees that you authorize for subscription and non-subscription based Services. Depending on your payment selection, CovalentCareers may charge you on a recurring or one-time basis.

  3. Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay CovalentCareers the amount as mutually agreed between you and CovalentCareers.

Electronic Communications

We use email and electronic means to stay in touch with our Users. For contractual purposes, you: (i) consent to receive communications from CovalentCareers in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, Privacy Policy, security policy, agreements, notices, disclosures and other communications that CovalentCareers provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Termination

You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue using CovalentCareers. CovalentCareers may, in our sole discretion, terminate your access to all or any part of the Website at any time, with our without cause, effective immediately. All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Referrals

While CovalentCareers is not an Employee or Employer-referral service, we provide a platform for Employers to identify how much an Employer would pay another User for referring a candidate for an employment opportunity. Users are under no obligation to refer candidates to another User. If a User refers a candidate to an Employer who ultimately hires that candidate, the Employer is expected, but under no obligation to pay the stated referral fee directly to the referring User. Users are under no obligation to make any referrals or pay any fees. CovalentCareers does not pay or receive any fees for referrals.

 

Affiliates

CovalentCareers maintains certain relationships with third-party websites (“Affiliate Websites”). In particular, CovalentCareers offers certain product packages and “Boosts” that syndicate User profiles and job listings to Affiliate Websites. This means that User-Generated Content can and will be seen on Affiliate Websites and you acknowledge and authorize us to forward User-Generated Content to Affiliate Websites for publication.

 

Disclaimer of Warranties

CovalentCareers provides the Website, the Content and the Service “as is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, CovalentCareers expressly disclaims all warranties, whether express, implied or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy and non-infringement. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

CovalentCareers makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Service.

Above all, CovalentCareers does not and cannot guarantee any result from using the Service. That is to say, we do not and cannot guarantee that Employees will be employed or Employers will employ an Employee as a result of the Service. Moreover, we do not and cannot guarantee the success of any employment relationship that may occur as a result of using the Service.

Limitation of Liability

We will not be liable for damages or losses arising from your use of the Service or arising under this agreement. To the maximum extent permitted by applicable law, in no event will CovalentCareers be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (i) the use, disclosure, or display of your User-Generated Content; (ii) your use or inability to use the Service; (iii) the Service generally or the software or systems that make the Service available; or (iv) any other interactions with CovalentCareers or any User of the Service; whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether CovalentCareers has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. CovalentCareers will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

Release and Indemnification

You agree to indemnify and hold harmless CovalentCareers from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.

If you have a dispute with one or more Users, you release CovalentCareers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states: “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 must have materially affected his or her settlement with the debtor.”

Modification of Terms of Use

CovalentCareers reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.

Upon any changes in these Terms of Use, we will post the amended agreement on the Website. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications made hereto, then you must not use the Website and you must remove User-Generated Content immediately.

Governing Law

These Terms of Use and any access to or use of the Website or the Service shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the State of California. You and CovalentCareers agree to submit to the exclusive jurisdiction and venue of the courts located in the City of San Diego, California, except as provided below in this Agreement.

Arbitration

If a dispute arises from or relates to these Terms of Use or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.

Limitation of Term of Action

All disputes or claims (to the extent permitted by law) must be filed within one year from when the claim or notice of dispute could be filed in an arbitration proceeding or court if arbitration is not permitted. If you do not file a claim or dispute during this time, it is permanently barred.

Severability

If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Assignment and Delegation

CovalentCareers may assign or delegate these Terms of Use and/or the CovalentCareers Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy without CovalentCareers’ prior written consent, and any unauthorized assignment and delegation by you is void.

Headings Captions and Summaries

The headings, captions and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.

Entire Agreement

This Agreement in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and CovalentCareers and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of this Agreement. By creating an account, you acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.