Last Updated: 08/12/2011
Welcome to TheLadders.com, the site that offers online job resources and content for the professional job market operated by TheLadders.com, Inc. ("TheLadders" or "we" or "us" or other similar pronouns). TheLadders strives to make the global search for professional positions quick and effective. We give our customers access to job leads in one place and organize them by function and salary range for more efficient searching. Job listings on TheLadders are submitted by employers and recruiters or they have been found online by TheLadders' team of experts. TheLadders reviews each job listing found online or submitted by recruiters and employers before it's posted to verify that it meets the criteria of a professional-level position in the appropriate function and salary range. TheLadders also allows job seekers to instantly receive new open jobs and insider info directly from recruiters they choose to follow. Additionally, TheLadders offers a resume-writing service.
The words "You," "User" or "Member," as used herein, refer to all individuals and/or entities accessing or using the Website for any reason. The term "Your Content" or "User Content," as used herein, shall mean information that You submit, publish or display on any website provided by TheLadders.
Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by TheLadders and/or its affiliates.
TheLadders reserves the right to modify or discontinue any services or content provided by TheLadders with or without notice to the User. You acknowledge and accept that TheLadders does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein.
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 THIS WEBSITE OR ANY OF THE SERVICES OR INFORMATION PROVIDED THEREIN 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 SITE.
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, 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.
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 in connection with jobs posted 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. You further acknowledge and agree that you are responsible for evaluating any content on the Website and that TheLadders shall not be responsible for your career decisions.
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 WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from Our system and You will be denied access to this Website.
(2) Unauthorized Use. TheLadders authorizes Members to view and access a single copy of the content available on or from the Website solely for their personal use. Only one individual may access the Website 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 misuse of any information posted to the Website is strictly prohibited. TheLadders reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site. The use of automated programming on the Website, including but not limited to the use of a script to apply to jobs or to communicate with recruiters (e.g. the sending of resumes through TheLadders' recruiter database), is contrary to the nature of Our services and not permitted.
(3) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of TheLadders or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of TheLadders and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. Members must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy they make of such content. Members may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of TheLadders, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits TheLadders or its licensors, that dilutes the strength of TheLadders or its licensor's property, or that otherwise infringes TheLadders' or its licensor's intellectual property rights. Members may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that TheLadders creates to generate or display any Website Content or the pages making up the Website is also protected by TheLadders' copyright and Members may not copy or adapt such code.
(4) Website Restrictions. The job posting database ("TheLadders' Database") and other features of the Website may be used only for lawful purposes by individuals seeking employment and career information. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website 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.
(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
(a) accessing data not intended for You or logging into a server or account that You are 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 from TheLadders;
(c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, 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 and/or criminal liability. TheLadders will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting Users or Members who are involved in such violations.
TheLadders also specifically prohibits the following:
(6) User Content and Submissions. You are solely responsible for Your account information, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Members or TheLadders personnel. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms.
The following is a partial list, for illustration purposes, of potential User Content that is prohibited on the Website. You may not post content that:
You acknowledge and agree that, as between You and TheLadders, 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 TheLadders.com and all Website 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 Material or any third-party content available on TheLadders' websites.
By posting Your Content to any public area of TheLadders' websites, including without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to You and that no other party has any rights thereto, or that You have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any "moral rights" in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to You have been waived; and (ii) You automatically grant to TheLadders and its affiliates a royalty-free, non-exclusive, transferable, irrevocable 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 marketing and promotion of TheLadders or for any other purpose, in TheLadders' discretion. We cannot be responsible for maintaining any Content that You provide to us, and we may delete or destroy any such Content at any time.
TheLadders respects the intellectual property of others, and we ask You, to do the same. The unauthorized posting, 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 the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. TheLadders reserves the right to terminate Your account, and block access to the Website if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. TheLadders reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.
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.
If You believe that Your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Director of Legal,
137 Varick Street, 8th Floor
New York, NY, 10013
By telephone: (646) 453-1800
By facsimile: (914) 462-3738
All subscriptions will automatically renew ("auto-renew") to preserve continuity of the services. Discounted memberships will auto-renew at the regular price in effect on the date You subscribed at the end of Your discounted membership term unless We otherwise notify You of a price change. TheLadders reserves the right to modify pricing at any time upon advance notice to You. If You have not cancelled Your membership or turned off the auto-renew function within the specified time after receiving notice of a price change, Your membership subscription will auto-renew at the price indicated in Your notice. You may choose to turn off the auto-renew function by going to Account Settings, My Membership and clicking on "Turn Off Auto-Renew."
If You would like to cancel Your subscription and not be charged for renewal, You must cancel before Your renewal date, or Your subscription will autorenew as described in the AUTO-RENEWAL POLICY section. To cancel Your subscription, click on the link below:
Unsubscribe from TheLadders
We may make certain products and services available to Users and Members. You may only order products or services if You are domiciled in the United States. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to TheLadders. You agree to pay all applicable local sales tax, use tax, or other applicable government taxes. If payment is not received by us from Your credit or debit card issuer or its agents, You agree to pay all amounts due immediately upon demand by us with a certified check or money order.
Refunds are provided on a pro-rata basis only.
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