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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
Welcome to the myCRMCareer.com Web site (the “Site”), a service operated by myCRM, LLC. The following terms and conditions (the "Agreement") form a binding agreement between you and us. Please review the following terms carefully.
By using the Site, you are agreeing to these terms, and these terms will govern your use of the Site. If you do not agree to these terms, you must immediately cease use of the Site. The terms "myCRM" or "us" or "we" or "our" refers to myCRM, LLC., the owner of the Site. The term "you" refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses the Site.
The materials on this Site are provided by MyCRM as a service to its users and may be used for informational purposes only subject to the provisions below. By uploading or downloading any materials from or otherwise using this Site, you, as a user, agree to the terms and conditions of this Agreement. If you do not agree to them, do not use the Site or upload or download any materials from it. You agree that this Agreement (and, if you are a user who has registered on this Site , any provisions included in the registration process) is the complete and exclusive statement of the agreement between MyCRM and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and MyCRM relating to the subject matter of this Agreement. MYCRM MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS SITE.
This Site acts as a portal that enables employers, job recruiters, social networkers and all registered members of the Site to access and download your personal information and any content you have uploaded on the Site. You have full control over what information you provide us, so if you do not want us to make certain information publicly available, do not provide it. As part of our services, we enable employers and others to post available jobs on the Site and to review the personal information that you have posted about yourself.
MyCRM may refuse to provide services under the Site to anyone at any time, in its sole discretion.
TRADEMARK INFORMATION: MYCRM is a trademark of MyCRM, LLC for its information systems assessment services for computer specialists, namely, providing online services by which prospective purchasers can learn about information system products and services. All other brand, product, service, and process names appearing on this Site are trademarks of their respective holders. MyCRM's trademarks may be used publicly with written permission only from MyCRM. Fair use of MyCRM's trademarks in advertising and promotion of MyCRM products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by MyCRM.
EMPLOYERS TERMS OF SERVICE
Employers need to create an account on the Site to use this Site. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Your registration must be completed using your legal name. Each registration is for the use of the single company or business entity on whose behalf you access the Site. The Site may not be used on behalf of more than one person or entity under one user name. Access to the Site is not authorized by any other person or entity using your registration information and you are responsible for preventing such unauthorized use.
You may also create an account with us on a “pay per posting” basis. This is an e-commerce service offering and will allow you to open an account for the purpose of placing a job posting for a limited time. Your account is subject to the same terms as all accounts, but your rights are more limited and the time period is more limited.
After you register, we’ll issue you a unique account number (“User ID”). The User ID allows you to assign the Employer Center under your account.
You acknowledge and agree that myCRM uses User ID’s to understand whether the users who are accessing and using our services are authorized to do so. If someone accesses the Site using a User ID that we’ve issued to you, we will rely on that User ID and will assume that it is really you or your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
If you have not placed an order with us, your use of the Site and services is subject to the terms of this agreement and the default fees designated in the fees section below.
Use of myCRM Content
myCRMCareer.com provides various types of information which we call ‘Content’. Content includes information posted to the Site by members, job seekers and you. You agree not to use any content posted by others and not to post or use any content in any manner that:
• Is obscene, abusive, discriminatory or hateful, as determined by myCRM in its sole discretion;
• Violates the copyright, or trademark, or other intellectual property (IP) or proprietary right of others;
• Violates the privacy or other rights of third parties; or
• Is false or inaccurate.
myCRM attempts to enforce these policies for all members, including job seekers and other users of our Site. However, you may be exposed through the Site to content that is in violation of our policies and is offensive. Your use of this Site is at your own risk. myCRM has no obligation to terminate user accounts and/or delete content from the Site even if we suspect that those accounts or content violates the terms of this Agreement. We take no responsibility for your exposure to the content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by members represent solely the thoughts of the author and is not endorsed by myCRM.
The Site enables you to customize our Site and create a unique page for your job posting and other company information. You may add your own logos, photos, trademarks to display on this page on your site. If you choose to use this feature of the Site which links job seekers directly to your site, we can provide you a unique URLs that we can include in hyperlinks in email campaigns and other promotions to drive job seekers directly to your company’s jobs. Those links direct users to your job postings on the web pages you have customized on our Site. Links will include the words, “Powered by myCRMCareer.com”.
The ‘CRM Career Button’ can also be used as CRM Career portal for non-employers such as CRM Associations ensuring their own members are linked in to the CRM opportunities and content.
myCRM may also allow access to, or advertise, certain third parties from which you may purchase merchant services. You understand that we do not operate or control the products or services offered by these merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. myCRM is not a party to the transactions entered into between merchants and you. Merchants and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Site are accurate and comply with applicable laws.
MEMBER TERMS OF SERVICE
Members register and complete a profile in the Site. If you choose to register, complete a profile and enter personal information in the Site, you agree to provide accurate, complete registration information, and you will keep that information up-to-date if it changes. Your registration must be done using your real name. Access to the Site is not authorized by any other person or entity using your registration information and you are responsible for preventing such unauthorized use.
After you complete registration, you will receive a unique User ID. You acknowledge and agree that myCRM relies on User IDs to know which users accessing the Site. If someone accesses the myCRMCareer.com Site using a User ID that we’ve issued to you, we will rely on that User ID and will assume that it is really you or your representative who is accessing the Site.
You are solely responsible for any and all access to the myCRM Site by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
USE OF MYCRM CONTENT
The Site provides various types of information which we call ‘Content’. Content includes information posted to the Site by members, employers, advertisers, job seekers, you and others. You agree not to use any content posted by others and not to post or use any content in any manner that:
• Is obscene, abusive, discriminatory or hateful, as determined by myCRM in its sole discretion;
• Violates the copyright, or trademark, or other intellectual property (IP) or proprietary right of others;
• Violates the privacy or other rights of third parties; or
• Is false or inaccurate.
myCRM attempts to enforce these policies for all members, including job seekers and other users of our Site. However, you may be exposed through the Site to content that is in violation of our policies and is offensive. Your use of this Site is at your own risk. myCRM has no obligation to terminate user accounts and/or delete content from the Site even if we suspect that those accounts or content violates the terms of this Agreement. We take no responsibility for your exposure to the content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by members represent solely the thoughts of the author and is not endorsed by myCRM.
TERMINATION
myCRM may terminate this Site or any services provided on this Site at any time without prior notice. myCRM has the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth in this Agreement. In the event of any termination, you agree to pay all outstanding fees owed by you.
DISCLAIMERS OF WARRANTY
MYCRM HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE ACCURACY OR LEGALITY OF THE CONTENT POSTED BY MEMBERS, EMPLOYERS, ADVERTISERS, THIRD-PARTIES OR OTHERS. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
MYCRM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION.
MYCRM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR SERVICE, OR THAT PROBLEMS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR PARTNERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE.
MYCRM IS NOT AN EMPLOYMENT AGENCY OR A RECRUITING FIRM, AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SITE OR THE SERVICE IN MEETING YOUR OBJECTIVES. MYCRM DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS.
LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT MYCRM IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL MYCRM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL MYCRM BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.
MYCRM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR, OR TAKE ANY ACTION MYCRM DEEMS APPROPRIATE REGARDING, DISPUTES THAT MEMBER, EMPLOYERS, JOB SEEKERS OR OTHER MAY HAVE WITH EACH OTHER OR OTHER CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE SITE AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY MEMBER OR OTHER CUSTOMERS OF OUR (EMPLOYERS, PARTNERS, ETC.). YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION) WHICH STATES: “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.”
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MYCRM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF MYCRM TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST MONTH (1) MONTH, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).
YOU AGREE TO INDEMNIFY MYCRM AGAINST ANY DAMAGES, LIABILITIES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT WE SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONTENT YOU POST TO THE SITE.
INTELLECTUAL PROPERTY
You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Site and services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement. “MyCRMCareer” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the Site. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of your intellectual property rights related to that content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the services.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (identified below) the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
ELECTRONIC COMMUNICATIONS
The communications between you and MyCRM use electronic means, whether you visit the Site or send us emails, or whether MyCRM posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MyCRM in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MyCRM provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by accessing this Site.
MODIFICATION TO THIS AGREEMENT
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the agreement, you must cease use of the Site. Your use of the Site after any modifications to the agreement indicates that you agree to such modified Agreement.
GENERAL TERMS
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. This Agreement will be governed by the laws of the State of Georgia. You agree that the state and federal courts located within the State of Georgia will have exclusive jurisdiction over any dispute between you and myCRM. However, you agree that we may seek equitable relief in any jurisdiction when appropriate. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of this Agreement.
USER SUBMISSIONS
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). MyCRM will have no obligations with respect to the Communications, provided that any personally identifiable information shall be handled in the manner set forth below. MyCRM and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
USE OF PERSONALLY IDENTIFIABLE INFORMATION: Personally identifiable information submitted by you to MyCRM through forms on the Site is treated according to MyCRM's Privacy Policy located on this Site. You agree you have read and understand the Privacy Policy.
USER CHAT ROOMS: MyCRM may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. MyCRM, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. MyCRM does not make any endorsements of such communications nor representations that such communications are true and accurate. You should be cautious when acting on information provided by contributors to these chat rooms, bulletin boards and other forums. You should not rely upon the information and opinions of the chat rooms, bulletin boards or other forums.
LINKS TO OTHER SITES
Any links on this Site may let you leave the Site and go to other Site. The linked Sites are not under the control of MyCRM, and MyCRM is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. MyCRM reserves the right to terminate any link or linking program at any time. MyCRM does not endorse companies or products to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
INDEMNIFICATION
You hereby agree, at your own expense, to indemnify, defend and hold MyCRM harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any third-party claim, action or allegation brought against MyCRM based upon or relating to (a) a dispute between you and a vendor over the terms and conditions of a contract or related to the purchase and sale of any goods/services, (b) a breach by you of the terms and conditions of this Agreement, or (c) any action of you or a vendor which violates any law, regulation or rights of a third party.
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