Welcome to RecruitLadder, the service for corporate and executive recruiters to post jobs online operated by TheLadders.com, Inc. ("TheLadders") and located at http://recruit.theladders.com/ ("RecruitLadder"). RecruitLadder enables employers and professional recruiters to post jobs and search for, identify and reach out to job seekers ("Member Candidates") in the employment market for positions having an annual salary of $100,000 or more (the "RecruitLadder Service").
1. Certain Definitions. The words "You," "User" or "Member" as used herein refer to all individuals and/or entities accessing or using RecruitLadder for any reason. The term "Your Content" as used herein shall mean any information that You submit, publish or display on RecruitLadder or on any other subdomain of TheLadders.com. TheLadders.com, Recruit.TheLadders.com and all other such subdomains of TheLadders.com are collectively referred to herein as the "Website".
2. Acceptance. Please read the following terms and conditions (the "Terms") of the RecruitLadder License Agreement (the "Agreement") carefully. These Terms along with TheLadders' Terms of Use (http://recruit.theladders.com/termsofuse), the Acceptable Use Policy ("AUP") set forth therein, and any Subscription terms, including those set forth in your Subscription Order and Receipt, are hereby incorporated into and made a part of the Agreement between You and TheLadders. You should visit and review the Terms of Use page before accepting this Agreement and periodically thereafter.
By accessing and using RecruitLadder, You agree to be bound by the Agreement, including these Terms, TheLadders Terms of Use and the terms of your Subscription Order and Receipt. The license granted herein is conditioned on your acceptance without modification of the Agreement. If You do not agree to any of the terms and conditions of this Agreement, You should immediately cease all access to and usage of RecruitLadder. Additionally, by entering your username and password, and clicking "Sign On," or by clicking on an "Agree and Continue" or similar button when registering for or accepting any services on the Website or provided by TheLadders, you are acknowledging that you have read, understand and agree to be bound by the Agreement, and that such actions constitute your agreement thereto and acceptance thereof. You are responsible for ensuring that all users licensed under this Agreement are aware of and abide by the terms and conditions contained herein.
3. Other Terms. Unless expressly agreed to the contrary, if any provision of these Terms directly conflicts with the Website Terms of Use or any other document attached to or incorporated by reference to the Agreement, the order of priority for the purposes of construction is:
4. License Grant. Subject to the terms and conditions of the Agreement, TheLadders hereby grants to You and such other number of users as set forth on your Subscription Order and Receipt, a limited, non-exclusive, non-transferable, non-sub-licensable, worldwide right the ("License") to access and use the RecruitLadder Service which includes and provides You with access to search the Qualified Recruits database. The license granted herein shall last for the subscription period set forth on your Subscription Order. You agree to pay TheLadders a subscription license fee in an amount and under the terms set forth on the Subscription Order. If You wish to add additional named users, the parties will mutually agree in writing on an additional license fee for such additional users. This license fee does not include any local sales tax, use tax, duties, GST, import fees or other applicable government taxes. Subscriber shall be responsible for all such fees and taxes.
5. Basic Job Posting Guidelines. All jobs posted on the Website must be for a total annual compensation of $100,000 or more. TheLadders will not accept any multi-level marketing, franchise, or commission-only job listings. If there is a range for total compensation, the median must be at least $100,000. For commissioned positions, base salary must be at least $60,000 and base salary plus first year on target earnings must equal or exceed $100,000 total compensation. TheLadders will not accept any contract jobs that last less than one year. All jobs are subject to approval by TheLadders.
6. Basic Job Seeker Communication Guidelines. Acceptable communication with Member Candidates is restricted to contacting them about currently available jobs that You are attempting to fill. The Website may not be used to mine information from Member Candidates or collect their resumes for unspecified potential future positions. You may not send any communication to Member Candidates seeking to solicit any professional services (i.e., executive coaching), nor post any jobs on the Website for any competitor of TheLadders or post jobs or other content that contains links to any site competitive with TheLadders.
7. Unauthorized Use. Only one individual may access the Website at the same time using the same email or password, unless TheLadders agrees otherwise. Unauthorized use of the Website and TheLadders' systems including but not limited to unauthorized entry into any of TheLadders systems, misuse of passwords or of any information posted to the Website, and any other use not in accordance with TheLadders' AUP is strictly prohibited.
8. Disclaimer of Warranties.
All
of the information and materials contained on the Website, including text,
graphics, information, links or other items are provided on an "as is" and "as
available" basis, without warranty of any kind, express or implied, including
without limitation, any warranty for information, data, data processing
services, uptime or uninterrupted access. To the fullest extent permitted by
applicable law, TheLadders makes no representations or warranties of any kind,
express or implied, regarding the use or the results of the Website or any of
the services or information provided therein, including without limitation, the
recruitladder service, in terms of its availability, accuracy, adequacy,
correctness, precision, timeliness, completeness, thoroughness, reliability or
otherwise.
TheLadders expressly disclaims liability for errors or omissions in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by TheLadders. We make no warranty that the Website or the services thereon will meet users' requirements.
9. Limitation Of Liability. The Website acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. TheLadders is not involved in the actual transaction between employers/recruiters and candidates. As a result TheLadders has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. TheLadders shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the Website. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.
Except as expressly provided in these Terms, in no event shall TheLadders, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if TheLadders, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall TheLadders, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.
THELADDERS' MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO THELADDERS UNDER THIS AGREEMENT.
10. Indemnification. You agree to defend, indemnify and hold harmless TheLadders, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) your use of the Website, ii) your use of any content contained therein, iii) your Content or any information or material that You post to or transmit through the Website, iv) your violation of this Agreement, or v) infringement by You or another User using your computer or account, of any intellectual property or any other right of any person or entity. TheLadders shall provide notice to You promptly of any such claim, suit or proceeding, and TheLadders reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TheLadders' defense of such claim.
11. Intellectual Property.
A. TheLadders' Materials. You acknowledge and agree that TheLadders owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to the Website and all content provided by TheLadders on the Website, including without limitation, site design, text, graphics, and interfaces ("TheLadders Materials"). Any use of TheLadders Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of TheLadders is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our website, TheLadders Materials or any third-party content available on the Website.
B. Your Content. By posting Your Content to any public area of the Website, including without limitation, message boards, profiles, forums, contests and chat rooms, You acknowledge that You have the right to furnish and/or license such content and You automatically grant to TheLadders and its affiliates a limited royalty-free, non-exclusive, non-transferable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the services provided by TheLadders in connection with the RecruitLadder Service and for the marketing and promotion of the Website provided TheLadders notifies You and obtain your consent, which shall not be unreasonably withheld, for such use or modification. Notwithstanding the foregoing, TheLadders shall not be required to notify you for use or modification of Your Content when such use or modification is necessary to effectuate the RecruitLadder Service. Any such use by TheLadders will be in accordance with TheLadders' Privacy Policy available at http://recruit.theladders.com/privacypolicy.
C. TheLadders' Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder. You may not make any public announcements, press releases, advertising, marketing, promotional or other materials (whether in print, electronically or otherwise) that display or use any name, mark, logo or brand of TheLadders.
D. Your Marks. You grant to TheLadders a limited non-exclusive, royalty-free revocable license to use your logo (a graphical image file of Your corporate trademark and/or logo that is provided by You to TheLadders) and associated trademarks ("Your Marks") for the sole purpose of displaying Your Marks on the TheLadders website in juxtaposition with or in relation to other content posted by You on the Website and for promotional or marketing material related to the Website or the services provided therein, including but not limited to, marketing materials to show that You are a partner of TheLadders. TheLadders shall obtain your written consent, which consent may be provided via e-mail, in advance of any such public use that is not made in relation to your other posted content or to otherwise effectuate the services provided herein. TheLadders acknowledges that it has no right, title or interest in the Marks other than the limited, non-assignable, non-transferable rights to use the Marks as contemplated hereby.
12. Termination.TheLadders may discontinue the RecruitLadder Service or terminate, without liability, your RecruitLadder Service account membership for any violation of the Terms, including the The Ladders' Terms of Use or for any other use that TheLadders, at its sole discretion, deems improper including without limitation, violation of the AUP, selling a product or service, offering consulting opportunities; spamming the database; soliciting referrals; posting unqualified opportunities; soliciting candidates to join job board which compete with TheLadders.
13. Refunds. Once the paid subscription period begins, no refund will be provided. Although You may cancel at any time, TheLadders will not provide you with a refund for any unused subscription period.
14. No Assignment Or Unauthorized Commercial Use. You agree that you shall not resell or assign your rights or obligations under this Agreement without prior written consent from TheLadders. You also agree not to make any unauthorized commercial use of the Website.
15. Availability Outside The U.S. TheLadders makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
16. Governing Law. The Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within New York State.
17. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, TheLadders' failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect TheLadders' ability to enforce such term at any point in the future.
18. Entire Agreement. Except as expressly provided in any additional agreement, additional terms for certain subdomains of TheLadders, a particular "Legal Notice," or software license or material on particular TheLadders pages, these Terms, along with TheLadders' Terms of Use, your Subscription Order and Receipt constitute the entire agreement between You and TheLadders with respect to the use of RecruitLadder. No changes to these Terms shall be made except by a revised posting on your Account Settings page.
These Terms, along with TheLadders' Terms of Use and any Subscription Order or Receipt constitute a binding agreement between You and TheLadders, and is accepted by You upon your access to and use of RecruitLadder and the Acceptance process described above.