Terms of Service

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This page states the "Terms of Use" under which You may use FlipDog.com, an on-line service of Monster, to search employment opportunities. By using FlipDog.com, You are indicating your agreement to these Terms of Use, including the FlipDog.com Privacy Statement.

Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services. By using FlipDog.com ("FlipDog.com" or "Site"), You are indicating your acceptance to be bound by the provisions of these Terms of Use. If you apply to a job posted on FlipDog.com, You also agree to be bound by the Terms of Use of Monster.com located at http://about.monster.com/terms. FlipDog.com, an online service of Monster, Inc. (the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

1. Eligibility.

You must be 18 years of age or older to visit or use FlipDog.com in any manner. By visiting FlipDog.com or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use FlipDog.com in a manner consistent with any and all applicable laws and regulations.

2. Use of Content.

The Company authorizes You to view and access a single copy of the content available on or from FlipDog.com solely for your personal use. The contents of FlipDog.com, and of all other websites under the Company's control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other FlipDog.com Content (collectively, "Content"), are protected under both United States and foreign copyright, trademark and other laws. All Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all Content on FlipDog.com is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of any Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Content on any copy You make of the Content. You may not sell or modify any Content or reproduce, display, publicly perform, distribute, or otherwise use Content in any way for any public or commercial purpose. The use of any Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Content or the pages making up the FlipDog.com Site which is also protected by the Company's copyright.

3. Site Restrictions.

Users may not use the Site in order to transmit, distribute, store or destroy material, including without limitation FlipDog.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of FligDog.com, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Monster Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Specific Prohibited Uses.

The job searching features of FlipDog.com may be used only for lawful purposes by individuals seeking employment. The Company specifically prohibits any other use of FlipDog.com, and all Users agree not to do any of the following: (a) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of FlipDog.com; (b) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (c) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Site other than the search engine and search agents available from the Company on FlipDog.com and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of FlipDog.com; (f) aggregate, copy or duplicate in any manner any FlipDog.com Content or information available from the Site; or (g) frame or link to any FlipDog.com Content or information available from the Site.

5. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement.

If You believe that your copyrighted work has been uploaded, posted or copied to the FlipDog.com Site and is accessible on FlipDog.com in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information: 1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; 2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing; 3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity; 4. Your name, address, telephone number and, if You have one, your e-mail address; 5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and 6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated April Jodoin as our agent to receive notices of claims of copyright infringement on FlipDog.com. You can contact April as follows:

By mail:
April Jodoin
Job Seeker Operations Specialist - Monster
5 Clock Tower Place, Suite 500
Maynard, Massachusetts 01754

By telephone: 1-800-MONSTER

By e-mail: notification@monster.com

Need help with a job seeker issue? Contact us now.

6. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

FlipDog.com respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners' rights. As a condition to your use of FlipDog.com, You agree not to use FlipDog.com to infringe the intellectual property rights of others in any way. We will block access to FlipDog.com of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

7. The Company's Liability.

FlipDog.com acts only as a venue for a User's search for job opportunities. FlipDog.com does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on FlipDog.com. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through FlipDog.com. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using FlipDog.com. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on FlipDog.com, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." FlipDog.com and its Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any FlipDog.com or its Content. The use of FlipDog.com and its Content is at your own risk. Changes are periodically made to FlipDog.com and may be made at any time. Employers are solely responsible for their postings on FlipDog.com. The Company is not to be considered to be an employer with respect to your use of FlipDog.com and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on FlipDog.com. FlipDog.com cannot guarantee and does not promise any specific results from the use of FlipDog.com. No advice or information, whether oral or written, obtained by a User through or from FlipDog.com shall create any warranty not expressly stated herein.

8. Disclaimer of Warranty.

THE COMPANY DOES NOT WARRANT THAT FLIPDOG.COM WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY FLIPDOG.COM OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. FLIPDOG.COM AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FLIPDOG.COM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

9. Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON FLIPDOG.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE FLIPDOG.COM AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Limitation of Liability.

THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FLIPDOG.COM OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

11. Links to Other Sites.

FlipDog.com contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

12. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of FlipDog.com.

13. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) use of any FlipDog.com Content, or (ii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

14. General.

The Company makes no claims that the FlipDog.com Content may be lawfully viewed or accessed outside of the United States. Access to the FlipDog.com Content may not be legal by certain persons or in certain countries. If You access FlipDog.com from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, 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 Boston, Massachusetts. If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of FlipDog.com, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of FlipDog.com. No changes to these Terms of Use shall be made except by a revised posting on this page.

15. Term and Termination

These Terms of Use will remain in full force and effect while You are a User of FlipDog.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by You of these Terms of Use Even after You are no longer a User of FlipDog.com, certain provisions of these Terms of Use will remain in effect, including Sections 2, 6, 10, 13 through 15, inclusive.

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