Terms & Conditions

Careermetry General Terms of Service

A. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

1. Job Listings

Careermetry may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings”), through Careermetry’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Careermetry exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. Careermetry does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Careermetry assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Careermetry may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Careermetry, and are not a direct reflection of the actual Job Listing.

1(a) If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Careermetry’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public Careermetry Resume through the Site, you are requesting and authorizing Careermetry to make available your resume to any Employer that Careermetry believes may have an interest in your resume. In addition, when you indicate your interest in a Job Listing through Careermetry Apply (hereinafter, all references on the Site to “Apply Now”, “Apply”, “Apply from your phone” or “Apply with Careermetry” are referred to as “Careermetry Apply”) you are sending your resume and application information to Careermetry, and requesting and authorizing Careermetry to make available that information to the applicable Employer(s) for such Job Listing(s). When you ask Careermetry to transmit an application to an Employer via Careermetry Apply, you understand that this is without warranty. Careermetry does not, however, guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission of the data. Careermetry may alert you when any of the above events occur. In addition, by using Careermetry Apply, you agree that Careermetry is not responsible for the content of the Employer’s application form, screener questions or its format and that Careermetry does not guarantee receipt of your application by the Employer. If you do not feel comfortable sending an application in this manner, do not use the Careermetry Apply function and please send your application directly to the Employer by whatever other method you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Careermetry being processed and analyzed by Careermetry according to this Agreement and Careermetry’s Privacy Policy. Careermetry shall store such information regardless of whether a job vacancy has been filled. Careermetry does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations.

1(b) If you are an Employer, when you create a Career Site or post a Job Listing on the Site, whether as part of the Careermetry Ads Program or otherwise, you agree that this Agreement and all of Careermetry’s policies, including the Careermetry Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Sites or indicating an interest in such Job Listings. You also agree that, as a service to Job Seekers, Careermetry may activate its Careermetry Apply email relay function for use in connection with such Job Listing, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Careermetry Apply. Careermetry is not responsible for the content of your application form, screener question or its format, and Careermetry does not guarantee timely delivery, your receipt of the Job Seeker’s application or that there will be no mistakes in the transmission of the data. You agree that Careermetry Apply is presented to you without warranty and Careermetry assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. By using any automated phone screen product, you agree that you are requesting Careermetry to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Careermetry. You also agree that you are only asking Careermetry to record the Job Seeker’s answers to your screening questions and that Careermetry will forward you the recording of the answers to your questions. You consent to Careermetry listening to and analyzing the recording in accordance with Careermetry’s Privacy Policy. When you respond to or contact a Job Seeker who has used Careermetry Resume, or Careermetry Apply, you are providing information to Careermetry and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by you (including offer letters) through Careermetry being processed and analyzed by Careermetry according to this Agreement and Careermetry’s Privacy Policy. Careermetry shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Sites that you create, any Job Listings that you post, and any messages that you send through Careermetry Apply or otherwise, including any questions for Job Seekers. You agree that Careermetry may reject or remove any Job Listing, any part of any Career Site, or any questions for Job Seekers for any or no reason. You shall indemnify, defend and hold harmless Careermetry, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Site created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing).

1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Careermetry may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Careermetry product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, Careermetry may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to Careermetry taking such actions. Careermetry assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, career site, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Careermetry to do so. Careermetry does not promise to correct any inaccuracy.

1(d) Regardless of whether you are an Employer or Job Seeker, Careermetry may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Careermetry may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. Careermetry may also use such information in order to improve the Site or any other Careermetry product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
2. External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Careermetry is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Careermetry may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Careermetry.

3. Use of Site

Careermetry’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase Careermetry services that utilize the Site, you must have a prior written agreement with Careermetry to do so, or have accepted Careermetry’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

4. User Content

Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. Careermetry does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Careermetry shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Careermetry may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Careermetry reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Careermetry has no obligation to do so, Careermetry may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Careermetry’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Careermetry deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Careermetry immediately so that we may have the opportunity to consider its removal. For clarity, Careermetry does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Careermetry policy will always remain within the sole discretion of Careermetry.

Careermetry reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Careermetry may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Careermetry that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.

Without limiting the generality of the foregoing, Careermetry reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
5. License to User Content and Feedback

Only to the extent permitted by law, if you post content or submit material to Careermetry, including photographs or material you submit for a job solicitation hosted on Careermetry, you grant Careermetry a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Careermetry website or its publisher partners, maintaining the Careermetry website and promoting Careermetry without restriction. Furthermore, you grant to Careermetry, its affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such User Content or Careermetry marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Careermetry for association with a particular Job Listing, Careermetry shall not post such content anywhere other than the Employer(s)’s Job Listing.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Careermetry and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Careermetry to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Careermetry for more details.

At your discretion, you may provide feedback and related materials to Careermetry concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Careermetry a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Careermetry may disclose any or all Feedback to any third party in any manner, and you agree that Careermetry may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Careermetry under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Careermetry does not waive any rights to use similar or related ideas previously known to Careermetry, or developed by its employees, or obtained from sources other than you.

6. Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Careermetry, unless you have been specifically allowed to do so in a separate, written agreement with Careermetry. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Careermetry, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Careermetry has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Careermetry may suffer) of any such breach.

You agree that you shall not transmit to Careermetry or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
sending messages in violation of the CAN-SPAM Act under india law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining any Careermetry property;
sending messages to users who have asked not to be contacted;
selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
using Careermetry Resume contacts in violation of Careermetry policy, as determined by Careermetry, including, for example, as indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other Careermetry users’ enjoyment of the Site.
Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Careermetry account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without Careermetry’s explicit written permission.
Contact other Careermetry users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Careermetry considers detrimental to its users.
Create multiple Careermetry accounts without permission.
Create multiple Careermetry accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
Bypass any limitations or suspensions of functionality.
Provide false information.
Careermetry reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Careermetry) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Careermetry reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and Careermetry shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

7. Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up an Careermetry account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Careermetry is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that Careermetry may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Careermetry account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Careermetry or that Careermetry may otherwise obtain from third-party sources. By providing Careermetry with a mobile phone number, you expressly consent to receiving communication via such mobile number.
8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Careermetry OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Careermetry OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF Careermetry AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID Careermetry TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Careermetry or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
B. Careermetry Resume/CV Program Terms
These Careermetry Resume Program Terms or Careermetry CV Program Terms (collectively, “CRP Terms”) form a part of, and are incorporated into, the Careermetry Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Careermetry Resume Program, or that otherwise indicates its acceptance of these Careermetry Resume Program Terms.

Any capitalized terms that are used but not defined in these CRP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Careermetry Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Careermetry best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Careermetry, for purposes of filling your Job Listings.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you agree to pay to Careermetry the amount indicated on the Site so that Careermetry will facilitate your sending of an email message, indicating your interest, to the email address that the relevant resume submitter has provided to Careermetry. Careermetry does not guarantee that the email address is still in use, that such email will be received, that such email will be read, that such email will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. In addition, in accord with the Agreement, you expressly agree that Careermetry does not allow its Resume Contact service to be used in a spam like manner, which Careermetry defines as sending requests for job positions to persons who are, as indicated by Careermetry experience and Resume Owner behavior and reaction, unsuited for the role. Careermetry reserves the right to disable Careermetry Resume contact service for any user who, in Careermetry’s sole discretion, violates these CRP Terms, including the foregoing term.

In the event phone numbers are provided by the Job Seeker in the resume, Careermetry does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

2. Cancellation

Once you have requested that Careermetry contact a Resume Owner, you may not revoke such request.

3. Your Information

You represent and warrant that all information you provide to Careermetry is correct and current. You represent to Careermetry that you are an Employer interested in considering the Resume Owner as a potential employee.

4. Disclaimer and Limitation of Liability

Careermetry’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, Careermetry AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO Careermetry IS VALID, THAT ANY EMAIL SENT BY Careermetry AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. Careermetry AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE CRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE CRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Careermetry BY YOU FOR THE Careermetry RESUME SERVICE GIVING RISE TO THE CLAIM.