By creating a searchable resume through the Site (“xmcareer Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing xmcareer to make available Your Resume to anyone accessing our Site, such as Employers that xmcareer believes may have an interest in Your Resume, users of xmcareer’s Resume Search Program, or anyone with access to the URL associated with your searchable resume. We offer you the option to make Your Resume searchable on xmcareer to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.
When you provide Your Resume on xmcareer, Your Resume is set to searchable on xmcareer (“Searchable”) by default. If you do not want xmcareer to make available Your Resume to third parties or if you do not want Employers to contact you, set your xmcareer Resume and uploaded file resume to not searchable on xmcareer (“Not Searchable”). Resumes that are not searchable on xmcareer are only made available to those to whom the Job Seeker has submitted an application or provided their resume. Applying to jobs or otherwise sharing Your Resume with Employers may result in Your Resume being copied and published even if it is set to Not Searchable. While you may change Your Resume privacy settings at any time, setting Your Resume to Not Searchable will not affect your previous applications or prevent employers you responded to from contacting you. Resumes set to Searchable, including yours, can be copied by search engines and other third parties accessing the Site, who can then make those Resumes publicly available elsewhere. xmcareer does not control such third parties. If Your Resume is copied in this manner, then setting it to Not Searchable on xmcareer will not affect those third parties or the copies they have made of Your Resume. Changes to Your Resume on the Site may or may not be reflected on copies made by third parties. If You do not want Your Resume to ever be publicly visible or copyable, You must keep it set to Not Searchable. xmcareer assumes no responsibility and disclaims all liability for Your Resume or application information that you share with Employers or otherwise make public. You can read more about resume privacy here.
By creating or uploading Your Resume, you are requesting and authorizing xmcareer, or an xmcareer vendor, to review or scan Your Resume and provide you feedback (in xmcareer’s discretion), including suggested changes. We may also provide you with feedback through additional resume review services, such as helping you understand how your resume may be parsed by applicant tracking system software, feedback on ways to build a more effective resume, or a personalized resume review video. We provide this feedback directly to you, and may give you the ability to access it within your account. It is not made available to Employers. You agree that your use of any feedback or other information provided through resume review services is at your sole discretion. xmcareer assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback.
By creating an xmcareer Resume or uploading a file resume on xmcareer, xmcareer may share with you Job Ads that match the contents of Your Resume. xmcareer may also highlight to you items in Your Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from Your Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where xmcareer highlights items or a Job Ad is shared with you, xmcareer assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the Site, you agree that xmcareer may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact xmcareer to do so. It may take a few days for updates to your account or Your Resume to be reflected. xmcareer assumes no responsibility and disclaims all liability for Your Resume or other application information you post, send or receive through the Site.
If you have an xmcareer account, an xmcareer Resume, or an uploaded file resume, you agree that xmcareer may associate Your Resume data with your profile on xmcareer (“xmcareer Profile”). Your xmcareer Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your xmcareer Resume, your scores on any xmcareer Assessments you may have taken, and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your xmcareer Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want xmcareer to make your xmcareer Profile available to third parties or if you do not want Employers to contact you, set your xmcareer Resume and uploaded file resume to Not Searchable or remove Your Resume. Your response to an xmcareer Assessment will be associated with your xmcareer Profile. You may choose whether your xmcareer Assessment response is available to Employers viewing your xmcareer Profile. You can enable the ready to work feature on your profile to let Employers know that you can start work immediately. xmcareer may disable that feature from your profile after a certain time, but you can manually enable it again.
To mitigate fraud, xmcareer may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your xmcareer Profile, Your Resume, or application, and may substitute it with an alias. xmcareer makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in xmcareer’s sole discretion. xmcareer may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. xmcareer reserves the right to limit your ability to set Your Resume to Searchable, and may toggle a public resume to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in xmcareer’s discretion. xmcareer makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the xmcareer Resume database will be available to an Employer at any particular time.
Applying to Jobs Through xmcareer
You acknowledge that prior to submitting an application through xmcareer Apply, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material or otherwise), xmcareer does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through xmcareer does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as xmcareer is not responsible for the Employer application process.
You acknowledge and agree that Employers may request that xmcareer assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to xmcareer into one document, and you agree that in doing so, xmcareer assembles these application materials on your behalf. When you apply to a job using xmcareer Apply, xmcareer will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their xmcareer accounts, including by connecting to and integrating with APIs provided or used by xmcareer. By applying for a job through xmcareer, you agree to Employer’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. xmcareer also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. xmcareer depends on the Employer or the Employer’s agent to provide xmcareer with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to xmcareer is incorrect, your application materials will not be sent to the intended recipient of the application. Further, xmcareer does not guarantee that the interface will be error-free. However, xmcareer may alert you when any of the above events occur.
Please note that Job Ads may expire between the time you submit your application and from the time it is received. xmcareer has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration, and xmcareer and its third party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by xmcareer on xmcareer’s or third party providers’ servers, do not use the xmcareer Apply or xmcareer relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through xmcareer. By using the xmcareer Apply system, you fully consent to the above.
By using xmcareer, you agree that xmcareer is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that xmcareer does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that xmcareer does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You must contact the Employer if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. xmcareer cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. xmcareer does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. xmcareer cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. xmcareer recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. xmcareer does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
By using xmcareer Apply and answering screener questions, you acknowledge that Employers may have instructed xmcareer to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that xmcareer has no discretion in the transmission of these rejections. xmcareer may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing xmcareer to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to xmcareer their interest in your application. You acknowledge and agree that xmcareer has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on xmcareer within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by xmcareer (for example, calling or emailing you directly instead of through an xmcareer Relay Service) are not visible to xmcareer, and would not by themselves prevent an Employer Assist rejection notice from being sent. xmcareer assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer Assist notices.
By using xmcareer Apply and answering screener questions, you acknowledge that Employers may have instructed xmcareer to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to xmcareer, such as answers to screener questions, resume, and xmcareer Assessment Responses) that the Employers have selected, and based on the Employers’ availability. You agree that xmcareer has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to xmcareer may not be accurate. xmcareer may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.
When you search for jobs on the xmcareer Job Search app and proceed to apply for a job, including jobs on third party sites, xmcareer may suggest information from your xmcareer profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
For Job Seekers located in Japan, you acknowledge that when xmcareer is presented as xmcareer Agent (hereinafter referred to as “xmcareer Agent Japan”), xmcareer is acting as an employment placement business provider (as defined under applicable law). xmcareer Agent Japan offers the services in accordance with these terms and the rules set forth in its website. xmcareer Agent Japan will only send you Job Listings that xmcareer Agent Japan determines may be of interest to you. You may also end your relationship with xmcareer Agent Japan at any time.
You acknowledge that as part of its efforts to combat fraud and spam, xmcareer may require that users verify their email address. When you apply to a job through xmcareer, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other xmcareer policies, content moderation, and to improve the Site or any other xmcareer product or service whether via automated means or otherwise.
When an Employer views, sends, stores or receives communications or materials through or using the Site, xmcareer may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. xmcareer may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on xmcareer, and you hereby consent to xmcareer taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, xmcareer Apply, xmcareer Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through xmcareer. xmcareer disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
xmcareer may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by xmcareer. Your standard calling rates with your phone provider will apply.
xmcareer may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that xmcareer is not responsible or liable for the manner in which the Employer uses the info. xmcareer may group messages together as part of a conversation on xmcareer Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with an Employer through xmcareer, the Employer sender’s information may be displayed in different ways, for example, you may see the Employer’s company name or the name of the specific person sending the message, but you may not see all that info in all circumstances. If an Employer sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on xmcareer are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you are communicating may be able to see your email address, rather than the alias.
xmcareer may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. xmcareer is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.
xmcareer reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that chat or other communication options are available for a particular job or Employer. For example, you may see an option to chat with an Employer before applying to certain jobs. Whether or not you see that option depends on many factors, including whether the Employer turned on that functionality and the Employer and/ or Job Listing meet certain requirements. xmcareer may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser. If you have turned on mobile push notifications and wish to turn them off, you may do so through your mobile device.
Employers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using xmcareer products, including but not limited to, xmcareer Interview, xmcareer Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that xmcareer is not a telecommunications service provider and that xmcareer is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. xmcareer does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. xmcareer is not liable for any claims arising out of your use of Virtual Interviews and you release xmcareer from any such claims.
You understand that xmcareer does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.
NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview or you may be given the option to pre-record an interview to provide to the Employer. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of an Employer on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that xmcareer and third party providers can store, access and analyze the recording. Also, you agree that an Employer that receives pre-recorded interviews or activates the recording function, can access, store, use, analyze, and share the recording, and that this activity is outside of xmcareer’s control. YOU FURTHER AGREE THAT INDEED IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE INDEED FROM ANY SUCH CLAIMS.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEED IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. INDEED ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT INDEED DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT INDEED DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
xmcareer may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. xmcareer is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by xmcareer. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.
xmcareer does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that xmcareer is not procuring employees for Employers or procuring opportunities to work for Job Seekers. xmcareer merely provides a tool enabling Employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Employers or Job Seekers as applicable.
You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While xmcareer is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and xmcareer does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.
xmcareer may provide salary and other information and content to users for informational purposes only. For example, xmcareer may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by xmcareer is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on xmcareer are approximations based upon multiple third party submissions to xmcareer, including from xmcareer affiliates. These figures are given to xmcareer users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
xmcareer, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on xmcareer”. Employers may also request that xmcareer add such labels. xmcareer shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that xmcareer does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and xmcareer does not guarantee the accuracy of such data. xmcareer may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description for informational purposes only. xmcareer does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads, including data on Job Ads.
xmcareer may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. xmcareer assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content which is translated using Google Translate API, completeness, legality, reliability, or availability of any Company Page. Please contact the Employer for the most accurate and up-to-date company information.
Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and xmcareer knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on xmcareer, and any other information you provide directly to xmcareer including desired salary, past experience, any information in your xmcareer Profile, and any of your other behavior on the Site. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using xmcareer, you acknowledge and agree that xmcareer collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, xmcareer may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that xmcareer has no control over such an Employer or its website. You agree to xmcareer’s use of, and receipt of information from, any such tracker functionality.
If you have an xmcareer account or a Job Seeker Resume, you agree that xmcareer may associate this data with your xmcareer Profile and use this observed factual data to suggest jobs to you and to suggest you or your Searchable resume to Employers that might be interested in a person who matches your behavior on xmcareer. You also agree that xmcareer may contact you based on this observed behavior or provided info on behalf of Employers or xmcareer itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, xmcareer may publicly display the fact that you have recently used the xmcareer Site to correspond with a third party. In addition, if you set Your Resume to Searchable, this means that xmcareer may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Resume to Not Searchable. When you make changes to your xmcareer Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.
You may have the opportunity to provide xmcareer with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that xmcareer may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to xmcareer (or, if you have already provided your Demographic Information to xmcareer, you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker.
Please note that xmcareer may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that xmcareer may receive legal process from courts or law enforcement to reveal user data, including demographic data.
xmcareer Hiring Platform
xmcareer Hiring Platform is a platform designed to streamline Employer hiring and employment decision- making processes by allowing users access to various products such as xmcareer Interview and related services (“xmcareer Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by xmcareer Hiring Platform. You acknowledge and understand that Employers select the method and manner that xmcareer Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES INDEED AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF INDEED HIRING PLATFORM OR SIMILAR PRODUCTS. INDEED DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. xmcareer has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that xmcareer is not an employment agency by offering xmcareer Hiring Platform and related tools. By using xmcareer Hiring Platform, you understand that xmcareer is not procuring employees for Employer or opportunities for Job Seekers. xmcareer merely provides xmcareer Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.
Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. Despite the application of Irish law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
Class Action Waiver
By using the Site or any Program Elements (defined below) and in return for the services offered by xmcareer, you acknowledge that xmcareer can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue xmcareer as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against xmcareer regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, xmcareer Apply, and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 12 above.
When You Use Our Site
By using xmcareer, you acknowledge and agree that xmcareer collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: which areas of the Site you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. xmcareer collects this data from everyone using the Site, including users of private browsing mode, “incognito mode,” or similar modes. xmcareer uses vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize xmcareer to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You acknowledge that the foregoing is necessary to the operation of the Site.
Occasionally, xmcareer tests improvements and updates to our Site and services, which may affect various aspects of the Site such as the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, or formatting. You agree that xmcareer may conduct such tests without notice to you. xmcareer’s services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.
xmcareer may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. xmcareer assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.
Some parts of the Site, or our APIs, allow users to post content or data such as Job Ads, resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to xmcareer, is called “User Content.” User Content includes Job Ads, Resumes, company reviews, school reviews, certification or license reviews, and messages sent through xmcareer.
xmcareer is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. xmcareer does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that xmcareer has no obligation or liability with regard to publishing, monitoring, or removing User Content. xmcareer also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through a Google Translate API.
If you provide User Content, it must comply with the Site Rules (below). Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Ads under this Agreement. Your User Content must not be harmful to anyone, especially minors.
You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which xmcareer cannot be responsible.
xmcareer may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any xmcareer policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact xmcareer. However, detection methods are not perfect and false positives or false negatives may occur. xmcareer has no obligation to monitor any particular user or User Content, and xmcareer makes no guarantee that any particular User Content will be removed.
xmcareer reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that xmcareer may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
xmcareer is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. xmcareer has no obligation to include any User Content in any part of the Site (for example, Job Ads in search results). Whether any User Content violates any xmcareer policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on xmcareer, will always remain within the sole discretion of xmcareer. You agree that xmcareer has no liability or obligation to you or anyone else arising from its editorial decisions.
Section 230 of the U.S. Communications Decency Act provides:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
License to User Content and Feedback
When you provide User Content you grant xmcareer a license to use it. Specifically, you grant xmcareer a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the xmcareer website or its publishers or third party sites, maintaining or improving the xmcareer website (including without limitation for the purposes of training a model that recommends content to other users), and promoting xmcareer and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with xmcareer’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, xmcareer’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. xmcareer shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the xmcareer website. xmcareer reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.
Furthermore, you grant to xmcareer, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any xmcareer marketing materials containing or incorporating such User Content, or (iii) any actions by xmcareer to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from xmcareer’s exercise of its rights pursuant to the license granted hereunder.
You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and xmcareer’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless xmcareer and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow xmcareer to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.
At your discretion, you may provide feedback or opinions about xmcareer or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). xmcareer is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to xmcareer, you hereby grant to xmcareer a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. xmcareer may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to xmcareer, or developed by its employees, or obtained from sources other than you.
When using our Site and services, you agree to these Site Rules and any other rules or policies posted on the Site. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Site.
Do not directly or indirectly:
Access the Site other than through the web or app interface publicly provided by xmcareer, or otherwise access systems without express authorization.
Provide any false, fake, or fictitious information.
Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the Site or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.
Access any data, especially personal data, without permission.
Bypass any limitations or suspensions of functionality.
Interfere with others’ use of the Site.
Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices.
You may not use the Site to:
Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.
Provide false information.
Transmit or store biometric information or biometric identifiers.
Promote or encourage illegal activity.
Promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our users.
Send unsolicited commercial messages, or any other unlawful communications.
Imitate or impersonate another person, or create false accounts.
Send messages to users who have asked not to be contacted.
Sell personal data.
We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in xmcareer’s sole discretion. xmcareer may use data collected through the Site to make such a determination. xmcareer reserves the right to interact with users through the Site, including to investigate whether users are violating these Rules. xmcareer reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.
You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Site, except as expressly permitted by xmcareer beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of xmcareer’s rules. You agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the Restricted Lists below; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using xmcareer.
“Restricted Lists” means: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls – List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; or (e) Bureau of Industry and Security, Department of Commerce, The Entity List.
Accessing External Sites
The Site links to other sites on the internet which are owned and operated by third parties (“External Sites”), for example Employer websites, Applicant Tracking Systems, or promotional websites. Links to External Sites may be found in User Content available through xmcareer (for example, Resumes or Job Ads). xmcareer is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.
xmcareer has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside xmcareer, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. xmcareer disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.
xmcareer may provide you with access to a link on xmcareer to services or products offered and performed by a third party (“Third-Party Service”). For example, this service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. xmcareer operates solely as a technical conduit, allowing the transmission of background checks sent by a background check Third-Party Service to you. Please note (and you acknowledge) that xmcareer cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any background check Third-Party Service to you or to any other xmcareer user.
If you choose to use the third-party link and its services or products, you are contracting directly with the Third-Party Service, and xmcareer is not a party to this contract. Further, you agree to fully indemnify and defend xmcareer for any claims arising out of your use of a Third-Party Service’s services or product provided to you by a Third-Party Service.
Your Contact Information
As part of the Services, xmcareer may contact you through your xmcareer account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to xmcareer or that xmcareer may otherwise obtain from third-party sources.
By providing xmcareer with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number.
To stop receiving text messages at any time, reply to the text with STOP or contact xmcareer Customer Support. Texting STOP in response to an xmcareer SMS alert will unsubscribe you from xmcareer SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text2Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from xmcareer.
You may also revoke your consent to receive text messages by terminating the Agreement through closing your xmcareer account. xmcareer cannot be responsible for third parties to whom you have provided your phone number.
To stop receiving marketing or commercial emails from xmcareer, or to manage your email preferences, you may do so by updating your email settings on your xmcareer account. You may also opt out of marketing or commercial emails from xmcareer by following the unsubscribe link in our messages.
Filtering for Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. xmcareer does not endorse any of the products or services listed on such sites.
Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for xmcareer to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use xmcareer under the supervision of your parent, legal guardian or responsible adult. xmcareer adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
Disclaimer of Warranties
The Site may become unavailable in whole or in part at any time without notice. The Site may rely on third parties to provide services to xmcareer, such as data hosting or processing vendors, and the Site could unexpectedly malfunction or become unavailable as a result.
To the fullest extent permitted by law, xmcareer disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the xmcareer search results (including Jobs Listings) or otherwise made available on the Site by xmcareer or third parties (including User Content), regardless of whether paid for or used for free. xmcareer disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by xmcareer for informational purposes only, including but not limited to, xmcareer Analytics data like estimated applies or organic traffic, and salary information, or information that may come from a third party. You acknowledge you are not paying xmcareer for the aforementioned information. xmcareer disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). xmcareer does not guarantee that the Site will always be error free, safe, or secure. xmcareer further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall xmcareer be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall xmcareer be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from xmcareer’s Site.
xmcareer further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by xmcareer as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will xmcareer be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
xmcareer reserves the right to limit or terminate any and all Services and/or access to the Site in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder.
Without limiting the foregoing, under no circumstances shall xmcareer or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of xmcareer.
THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE INDEED AND THE SITE AT YOUR OWN RISK. INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY INDEED. INDEED IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL INDEED OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF INDEED OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID INDEED TO USE THE SITE.
If you are resident or located in Germany, the limitation of liability as set out above in this section shall be replaced in its entirety by the following:
xmcareer’s obligation to pay damages shall be limited as follows:
(a) For damages caused by a breach of a material contractual obligation, xmcareer shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; xmcareer shall not be liable for damages caused by a breach of non-material contractual obligations.
(b) The limitation as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent xmcareer has assumed a guarantee.
15. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by xmcareer infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow xmcareer to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send xmcareer a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to xmcareer Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ xmcareer.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
Reservation of Rights
You understand and acknowledge that xmcareer or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. xmcareer reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of xmcareer’s proprietary rights in them.
This Agreement constitutes the entire agreement between you and xmcareer, and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. If the Job Seeker Terms, Employer Terms, or Publisher Terms apply to your use of the Site, those terms shall control in the event of an inconsistency or conflict with these Terms of Service for All Users.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect.
This Agreement cannot be modified or amended, except by a document signed by an authorized representative of each party. Written or phone communication between you and an xmcareer employee is not a modification or amendment of this Agreement.
Any notices to xmcareer must be sent to the applicable xmcareer entity identified above via certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages posted to your account interface).
You may not assign or delegate any of your rights or obligations hereunder without xmcareer’s prior written consent, and any such attempt is void. xmcareer may freely assign or delegate its rights and obligations hereunder without notice to you. xmcareer and you are not in a legal partnership, agency relationship, or employment relationship. When xmcareer provides the Site or any related services to you, it is solely as an information service provider.
Except as otherwise agreed to in writing, nothing in the terms should be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationships between us and third parties. Any references to such third parties as “partner” does not indicate that such party has any authority to bind us to any agreements or representations on our behalf without our prior written consent.
“Including” means “including without limitation.”