supercareer.com SERVICE LEVEL AGREEMENT
Welcome to supercareer.com, a service of SuperCV, Inc. ("supercareer.com", "we" or "us" or "our"). Whether as an employer advertising with supercareer.com ("Employer" or "you") or a job seeker registering to explore job opportunities on supercareer.com ("job seeker" or "you"), by using supercareer.com and its applicable services, you accept the terms of this supercareer.com® Service Level Agreement, as well as all applicable provisions of our Terms and Conditions, which are hereby incorporated into this Service Level Agreement by this reference. Please read this Service Level Agreement carefully.
Overview; General Terms
supercareer.com is a service that brings together job seekers and Employers. Information about a particular job is supplied by the Employer, and information related to job seekers is provided by the applicable individuals (in both cases such information is not provided by supercareer.com). Though we hope that all who utilize supercareer.com will act honorably and treat each other fairly, we cannot verify the information Employers supply or guarantee the job they offer; likewise, we cannot assure the Employer that the job seeker is available or has provided complete and accurate information. When using supercareer.com to advertise or find a job, we urge you to use the same common sense and good judgment you would use in advertising a job through, or responding to, a classified ad in the newspaper. There is no substitute for your own good judgment.
Although supercareer.com cannot monitor all the information posted to our website, we reserve the right (but assume no obligation) to delete, move or edit any information or postings that we consider unacceptable or inappropriate, whether for legal or other reasons. Furthermore, supercareer.com can change or alter its website at any time. By using supercareer.com services, all Employers and job seekers agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy supercareer.com. supercareer.com reserves the right to deny access to anyone who we believe has violated these terms or any other term of this Service Level Agreement. supercareer.com will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to supercareer.com; however, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Service Level Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or supercareer.com.
We invite you to bring to our attention any material on the supercareer.com site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager at firstname.lastname@example.org along with an explanation of your objection.
supercareer.com® and the supercareer.com logo, which are trademarks of SuperCV, Inc. or its affiliates, are used by supercareer.com for its sole benefit. The names of other products and services referred to on the supercareer.com site may be trademarks owned by affiliated or unaffiliated third parties. No Employer or job seeker may use any trademark or service mark appearing on supercareer.com without the prior written consent of the owner of the mark.
The rights, duties and obligations under this Service Level Agreement shall be binding on each Employer and job seeker and their respective affiliates, subsidiaries, parents, successors and assigns. This Service Level Agreement and the Terms and Conditions contain the entire understanding and complete agreement of the parties with respect to the subject matter hereof. Each party acknowledges and agrees that this Service Level Agreement and any account established hereby shall be governed in accordance with the laws of the State of New York, without regard to conflict of laws principles that would apply the law of any other jurisdiction. If any provision of this Service Level Agreement shall be determined to be illegal and unenforceable by any court of law or any competent governmental or other authority, the remaining provisions shall be severable and enforceable in accordance with their terms so long as this Service Level Agreement without such terms or provisions does not fail of its essential purpose or purposes. Any cause of action arising under or relating to this Service Level Agreement shall be adjudicated exclusively in federal or state courts located in New York, New York, U.S.A. No party shall be required to perform any obligation under this Service Level Agreement so long as such performance is delayed or prevented by computer, telecommunications or other system outages, or by force majeure events, including but not limited to acts of God, strikes, lockouts, material or labor restrictions by any government authority, civil riot, floods or any other cause not reasonably within the control of, or preventable wholly or in part, by the applicable party.
General. When an Employer offers a job through supercareer.com, the Employer must be prepared to fill that job in accordance with the terms on which it has been listed. To list a job on supercareer.com, Employers are required to provide certain identifying and contact information, which must (among other things) accurately identify the Employer. Employers may not charge any job seeker for information about any job listed on supercareer.com, nor may Employers use supercareer.com to promote, without our prior written permission, any other website, product or service. supercareer.com reserves the right to deny use of its websites to any Employer who does not comply with the requirements of this Service Level Agreement or who otherwise uses our services in a manner we consider inappropriate in our sole discretion.
Employers, alone, are responsible for all listings and other material they post on and for the content of all email messages transmitted through the supercareer.com sites and services. We note that nothing will undermine a job seeker's confidence in an advertised employment opportunity faster than inaccurate statements or misleading representations about the job or the employer. And because any erosion of job seeker confidence in an Employer is likely to be accompanied by erosion of user confidence in supercareer.com, we care deeply about making sure that the information Employers supply is accurate and that, in all respects, Employers treat supercareer.com users fairly and honorably.
Job Information. Employers shall supply to supercareer.com information and related materials, including, without limitation, job listings and other pertinent job-related information, ad copy, logos, graphic art and photographs for use on the supercareer.com site and otherwise in connection with supercareer.com's services (collectively, the "Job Information"). Employer hereby authorizes and grants a worldwide, royalty-free license to supercareer.com to distribute the Job Information on its websites and/or in its publications and on other online resources and services owned and/or maintained by supercareer.com and/or its affiliates. In addition to the obligations of Employer as otherwise specified in this Service Level Agreement, Employer shall be solely responsible for selecting and providing the Job Information, verifying the accuracy of the Job Information, and obtaining all relevant permissions, licenses, releases or other authorizations necessary for supercareer.com's use of the Job Information in connection with all supercareer.com services.
Employer Representations and Warranties. Employer accepts all liability for the content of all Job Information supplied by it to supercareer.com. Employer warrants to supercareer.com that (a) it is the owner or licensee of all necessary and appropriate rights in and to the Job Information and other materials provided to supercareer.com to allow supercareer.com to perform its services in accordance with this Service Level Agreement; and (b) all Job Information provided by Employer: (i) constitutes original works of authorship of (or works otherwise validly licensed to) Employer, except for material in the public domain, (ii) is true, not libelous and not defamatory, (iii) does not infringe any trade name, trademark, trade secret, copyright, literary or other right, or invade or violate any privacy, personal or proprietary right, of any person or entity, (iv) does not constitute unfair competition with any other person or entity and complies with all applicable Federal, State and local laws and regulations, and (v) is not offensive, in poor taste or otherwise objectionable. Employer shall defend, indemnify and hold harmless supercareer.com and its affiliates from any and all claims, demands, liability, suits, costs and expenses arising by reason of or resulting from supercareer.com's publication of Employer's Job Information, any job seeker or other individual's use of the Job Information, or any breach by Employer of the foregoing representations and warranties.
Prohibited Employer Conduct. In addition to and not in limitation of the other restrictions set forth in this Service Level Agreement, Employer will not under any circumstances when utilizing the supercareer.com services: violate any laws, third party rights or supercareer.com policies; use supercareer.com if the Employer is not able to form legally binding contracts or is temporarily or indefinitely suspended from supercareer.com; manipulate or interfere with other Employers' listings; circumvent or manipulate our fee structure, the billing process or fees owed to supercareer.com; post false, inaccurate, misleading, defamatory or libelous content (including personal information); distribute or post spam, chain letters or pyramid schemes; distribute viruses or any other technologies that may harm supercareer.com, or the interests or property of the users of supercareer.com; copy, modify or distribute supercareer.com content, copyrights or trademarks; or harvest or otherwise collect information about supercareer.com site users, including email addresses, without their consent.
Without limiting the foregoing, Employer shall not engage in any spamming or data scrapping. We want job seekers visiting the supercareer.com site to feel free to share their email addresses with Employers listing jobs on our site. By listing a job on the supercareer.com site, Employer agrees to use the email addresses of those responding to its listing solely for purposes of communicating with those individuals about the potential job opportunity. Furthermore, by using the supercareer.com site, Employer agrees not to use information concerning other users of supercareer.com, or the job they have searched for on this website (including user names, email addresses, telephone numbers and/or other information), for any purpose other than to explore the potential job opportunity with such user.
Acceptance/Rejection/Removal of Job Information. Employer acknowledges that the Job Information provided to supercareer.com by Employer is subject to review and approval by supercareer.com's management and other appropriate personnel. supercareer.com reserves the right to revise or reject for any reason at its sole discretion any Job Information submitted by Employer. Furthermore, and without limiting Employer's representations and warranties and other obligations set forth in this Service Level Agreement, supercareer.com has the right in its sole discretion to remove, or direct Employer to remove, all or any portions of any Job Information provided by Employer that supercareer.com believes is, or may be, (a) false, libelous or defamatory; (b) infringing of any trade name, trademark, trade secret, copyright, literary or other right of any person or entity; (c) invasive or in violation of any privacy, personal or proprietary right; (d) unfairly competing with any other person or entity; (d) in violation of any Federal, State or local laws or regulations; or (e) offensive, in poor taste or otherwise objectionable.
Links to Other Sites. Employer is free to establish a hypertext link from your website to the supercareer.com site so long as the link does not state or imply any endorsement or sponsorship of you, your company or your site by supercareer.com or any of its affiliates. However, without the prior written permission of supercareer.com, Employer may not frame any content of the supercareer.com site nor incorporate into another website or other service any intellectual property of supercareer.com or its licensors. Requests for permission to frame our content may be sent to our Customer Service Manager, by email at email@example.com .
Payment. By submitting Job Information for display on supercareer.com, Employer agrees to pay to supercareer.com the fees specified for the listing package selected, regardless of whether Employer's job is filled as a result of the listing. Employers should take care in selecting the applicable listing package and inputting its Job Information; listing fees are generally not refundable, even if the Employer provides erroneous information or fails to fill the job. Employer agrees to pay all amounts owed to supercareer.com, in U.S. dollars, upon receipt of each invoice from supercareer.com. If payment is not received within thirty (30) days after receipt of an invoice, supercareer.com may, at its discretion, cancel Employer's future advertising, and charges for all advertising conducted on behalf of Employer will become immediately due and payable. In addition, a service charge of 1.5% per month (18% per year), or the maximum rate allowed by law, whichever is less, will be applied to all past due balances, and Employer shall pay any and all attorneys' fees and other costs of collection incurred by supercareer.com in collecting such payment. Claims for billing errors must be made by Employer to supercareer.com in writing within five (5) days after the receipt of the applicable invoice/statement. Advertising terms and rates are subject to change, and supercareer.com may modify its fees upon thirty (30) days prior written notice to Employer; Employer shall be obligated to pay and shall pay the modified fees unless Employer provides supercareer.com with written notice of cancellation of its advertising arrangement within thirty (30) days after Employer's receipt of such notice. Otherwise, any cancellation of any advertising by Employer prior to the term of any contracted ad run will result in penalty equal to the greater of three (3) months' billings or fifty percent (50%) of the remaining contracted ad run.
Work Product of supercareer.com. To the extent that supercareer.com or its affiliates create or develop materials, documents, text, photographs, video, pictures, animation, sound recordings, computer programs, inventions (whether or not patentable) or other works of authorship in connection with or while providing any services for Employer (collectively "supercareer.com Work Product"), Employer hereby acknowledges and agrees that supercareer.com owns and retains all rights in and to the supercareer.com Work Product, including all worldwide rights therein under applicable patent, copyright, trade secret and other property right laws.
supercareer.com Errors. supercareer.com's liability for any damages suffered directly or indirectly resulting from errors caused by supercareer.com in any Job Information or other advertising that it publishes or fails to publish on behalf of Employer shall be limited to the fees supercareer.com actually received in consideration for its agreement to publish the Job Information or other advertising in question. Without limiting the foregoing, in no event shall supercareer.com be liable or otherwise responsible for any special, incidental, indirect or consequential damages (including but not limited to loss of revenues and/or profits and/or loss of data, however caused) suffered by any person or entity due to or otherwise resulting from any act or omission of supercareer.com whatsoever.
Communications. Employer may be issued a password to access supercareer.com's proprietary services. By accepting the password, Employer agrees to limit use of the password to authorized users within its organization. Disclosing the password to third parties or allowing unauthorized access is expressly prohibited and may result in cancellation of this Service Level Agreement. supercareer.com reserves the right to refuse password access to any individual or organization at its sole discretion. Acceptance of this Service Level Agreement allows supercareer.com to communicate with Employer via telephone, fax, email and U.S. mail for any reason for so long as this Service Level Agreement remains in effect, and each party agrees that facsimile, telephone, electronic mail, and/or U.S. mail are appropriate methods of communication and that notices communicated through these methods will constitute sufficient notice for purposes of this Service Level Agreement.
Job Seeker Provisions
Overview. We do not research the companies that advertise business opportunities with supercareer.com and assume they are reputable. It is always wise to investigate any company that you may not be familiar with before considering any potential employment opportunity. The material that appears on the supercareer.com sites and services is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before relying on information you've read about on the supercareer.com sites and services, you should confirm with the Employer any information that is important to you. supercareer.com is not responsible for, and does not guarantee the accuracy of, any information contained in any job listings or other Job Information included on the supercareer.com sites and services. Furthermore, the salary and other terms of any potential employment opportunity are and remain subject to direct negotiation between the job seeker and the Employer.
Registration with supercareer.com. To obtain access to certain supercareer.com services, job seekers will be given an opportunity to register with supercareer.com. As part of the registration process, job seekers will select a user name and a password, and all registered job seekers agree that (a) the information supplied during that registration process will be accurate and complete and (b) they will not register under the name of, nor attempt to use any supercareer.com service under the name of, another person. supercareer.com reserves the right to disallow use of any user name that we deem offensive or inappropriate. All registered job seekers will be responsible for preserving the confidentiality of their passwords and for all actions of persons accessing supercareer.com through any username/password assigned to them. Registered job seekers should notify supercareer.com at firstname.lastname@example.org of any known or suspected unauthorized use of their account.
Job Seeker Accounts and Notifications. By accepting this Service Level Agreement and utilizing supercareer.com services, all registered job seeker accounts will be automatically registered for the following supercareer.com newsletters and notifications. Job seekers may unsubscribe to any and all of these in the job seeker account or via email by contacting email@example.com at any time.
Educational Advancement Opportunities - Job seekers will receive educational and career advancement opportunities notifications via both email and phone.
Job Alerts - Job seekers will receive daily emails with the latest listed jobs in their area.
Job Seeker Newsletter - This newsletter will highlight career advice, tips and other special offers.
Work at Home Newsletter - Job seekers will receive information about entrepreneurial and work-at-home opportunities.
Employment Notifications - These are periodic targeted emails from companies hiring in your area.
Third Party Contacts with Job Seekers. By accepting this Service Level Agreement and utilizing supercareer.com services, job seekers understand and agree that they may be contacted by third party vendors, some of whom have partnered with supercareer.com for the offer of relevant products and services, by email, phone, SMS messaging or mail. To opt-out of such contacts, job seekers must use the opt-out mechanism as identified in the applicable third party's email, website, mobile program or mailing address.
Links to Other Websites. For job seekers' convenience, supercareer.com makes available links to websites operated by Employers that list their jobs in our online classifieds. Although supercareer.com may power some of these websites, supercareer.com is not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. supercareer.com does not co-sponsor, operate, endorse or guarantee any employer/advertiser sweepstakes or contest offer that may be promoted from time to time on the supercareer.com site, or that may be accessible through a link from our site, and you hereby release supercareer.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
Updated April 13, 2016