Terms and Conditions
MarketResearchCareers, LLC and its subsidiaries, divisions, partners and suppliers, collectively referred to herein as "we," "us," or "our" with the User or Buyer referred to herein as "you," "your," or "yours" and collectively as the "parties." The websites, reports, advertising services, and other elements facilitating our operations are collectively referred to herein as our Services.
PLEASE NOTE THAT YOUR USE OF OUR SERVICES IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE ANY OF OUR SERVICES OR ANY INFORMATION OR MATERIALS CONTAINED OR PROVIDED DIRECTLY OR INDIRECTLED BY US. YOUR USE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY US FROM TIME TO TIME AND YOU AGREE TO AND ACCEPTS ALL SUBSEQUENT CHANGES TO THIS AGREEMENT WHETHER NOTIFIED OR NOT.
Use of the Services is void where prohibited. The Services are intended solely for individuals who are eighteen (18) years of age or older. With your use you represent and warrant that you 18 years of age or older, and that you agree to and to abide by all of the term of this Agreement.
You represent, warrant and agree that no materials of any kind distributed through your account or otherwise posted, transmitted, or shared by you on or through our Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to:
- Use our Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair our Services for others;
- Use our Services for any purpose other than as an employer seeking employees, an employee seeking a job, or as an professional seeking information about the industry;
- Harvest or collect email addresses or other contact information of others by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Use automated scripts to collect information from or to otherwise interact with our Services;
- Upload, post, transmit, share, email, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Register for an account on behalf of an individual other than yourself or any entity for which you are not authorized;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Upload, post, transmit, share, email, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, transmit, share, email, store or otherwise make publicly available via our Services any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Upload, post, transmit, share, email, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass another;
- Upload, post, transmit, share, email, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Upload, post, transmit, share, email, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our users to any harm or liability of any type;
- Use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Site;
- Access, tamper with, or use nonpublic areas of our Services or our computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution;
You acknowledge and agree our Services may display advertisements to you and we are the sole beneficiary of all advertising-related revenue. You further agree to receive, at our sole discretion, periodic emails containing advertisements or messages from our customers, clients, or sponsors without allegations of SPAM or taking any actions to report such emails as SPAM. You also acknowledge and agree that you will not employ any ad blocking, ad removal, or ad altering software, mechanisms, processes, techniques or otherwise that alter the presentation and display or ads within our Services to you.
In using our Services, you acknowledge and agree that any data provided by you or collected or compiled regarding your use of our Services (including but not limited to job-related data, resumes, images, ad display history, clickthrough actions taken, navigation through the site, posted information, etc.) is our sole and exclusive property.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available via our Services provided by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours, and we neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made available via our Services.
Our Services may contain links to other web sites or resources. You acknowledge and agree that we are not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link within our Services does not imply that we endorse the linked site.
Security and Confidentiality
We take commercially appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of data, including physical, electronic, and managerial procedures. However, we cannot guarantee the security of such information if the exchanges include networks, servers, hardware, or software that are not owned, operated, or directly controlled by us. To help minimize any risk, we employ the industry standard/best practices, Secure Sockets Layer (SSL) software, to encrypt transaction-related information when conducting purchase transactions, sending, or receiving sensitive information.
Protection of Content Provided by Us and Our Licensors
All text, graphics, logos, icons, images, audio clips and software via our Services ("Content") are copyrighted materials owned by or licensed to us. Our content may contain trademarks, service marks and trade names which are owned by us and our affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by us, our affiliates, or third parties. "MarketResearchCareers" is our trademark. Unless authorized in writing by an officer of MarketResearchCareers, LLC, our trademarks may not be used in connection with any product or service that is not ours--or used in any manner without our written permission. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the content in any way for any public or commercial purpose without prior our written consent or the rights holder. If you violate any of these terms, your permission to use our Services will automatically terminate, you must immediately destroy any copies you have made, and we may end your authorization to use any or all of our Services. Nothing contained within this Agreement shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of MarketResearchCareers, LLC, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Content are expressly reserved to us and/or any third party, as applicable.
We may provide any necessary notices by posting them via our Services. You authorize us to send notices via electronic mail as well if we decide, in our sole discretion, to do so. You agree to check our websites and Services for notices, and that you will be considered to have received a notice when it is made available to you by posting on our site.
Disclaimer of Warranties
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE SERVICES, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION VIA ANY OF OUR SERVICES. WE DO NOT WARRANT THAT YOUR USE OF OUR SERVICES OR THE OPERATION OR FUNCTION OF, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT OUR SERICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF SERVICES OR OUR PRODUCTS. OUR SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR SERVICES. THE DELAY OR INABILITY TO USE OUR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES.
You agree to indemnify and otherwise hold us harmless along with our officers, owners, employers, agents, subsidiaries, divisions, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, including reasonable attorney fees, arising out of, relating to, or resulting, directly or indirectly, from your use of our Services.
Limitation of Rights
You agree not to disparage, harass, threaten, sue, or otherwise bring claim against us for any cause, either direct or indirect, foreseen or unforeseen, as a result of our Services.
We specifically reserve the right not to provide our Services to an individual or entity, at our sole and exclusive discretion.
You agree to pay for all Services purchased through your account. Your non-payment for more than thirty (30) calendar days from the date of invoice, whether disputed or not, may result in: i) the immediate termination of any and all Services and benefits thereof, even if previously provided, and ii) late fees being assessed at a monthly rate of 1.5% for any unpaid invoice. You also agree to pay any and all fees associated with collection efforts initiated by us for any payment not received within thirty (30) calendar days from the date of invoice. You agree to allow us to take whatever actions are necessary to terminate your use of any of our Services.
All sales are final. If you have any questions, please contact us at 1-800-872-5401 prior to conducting any transaction or making a purchase.
Termination of your Account
We may terminate your account with or without cause at any time effective immediately.
We shall be excused from performance under this Terms of Service if we are prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
The following provisions shall survive any termination of these Terms of Service: Disclaimer of Warranties, Limitation of Liability, Indemnification, Limitation of Rights, and General Provisions.
You agree that we may make improvements and/or changes in our Services, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to our Services may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of us to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms of Service comprise the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the our express written permission. Any attempt by you to assign, transfer, or delegate these Terms of Service without our express written permission shall be null and void. These Terms of Service will inure to the benefit of our successors, assigns, and licensors. The paragraph headings in these Terms of Service are included to help make the agreement easier to read and have no binding effect. Texas law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Travis County, in the State of Texas, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of our Services.