CareerSpear.com Terms and Conditions

CareerSpear.com is a business networking service that allows Members to create unique career profiles online in order to find and communicate with prospective hiring authorities and recruiters. The services offered by CareerSpear.com, LLC ("CareerSpear.com" or "we") include the CareerSpear.com website (the "CareerSpear Website"), the CareerSpear.com products of Visumé™, VisuNet™, TopMatch™, VisuPort™, TimeLine™ service(s), and any other features, content, or applications offered from time to time by CareerSpear.com in connection with the CareerSpear Website (collectively, the "CareerSpear Services"). The CareerSpear Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the CareerSpear Services. By using the CareerSpear Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the CareerSpear Website) or you are a "Member" (which means that you have registered with CareerSpear.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the CareerSpear Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the CareerSpear Website and discontinue use of the CareerSpear Services immediately. If you wish to become a Member, communicate with other Members and make use of the CareerSpear Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes CareerSpear.com's policy for acceptable use of the CareerSpear Services and Content posted on the CareerSpear Website, your rights, obligations and restrictions regarding your use of the CareerSpear Services and CareerSpear.com's Privacy Policy. In order to participate in certain CareerSpear Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the CareerSpear Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@careerspear.com, Subject: Terms of Use Agreement.

CareerSpear.com may modify this Agreement from time to time and such modification shall be effective upon posting by CareerSpear.com on the CareerSpear Website. You agree to be bound to any changes to this Agreement when you use the CareerSpear Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on CareerSpear.com and that you provide to other Users. Any and all Visumé™ profiles may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other CareerSpear.com Members (for instance, in their Visumé™) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and CareerSpear.com assumes no responsibility or liability for this material. If you become aware of misuse of the CareerSpear Services by any person, please contact CareerSpear immediately by going to the contact us section of the website.

CareerSpear.com reserves the right, in its sole discretion, to reject, refuse to post or remove any documentation by you, or to restrict, suspend, or terminate your access to all or any part of the CareerSpear Services at any time, for any or no reason, with or without prior notice, and without liability. CareerSpear expressly reserves the right to remove your Visumé™ and/or restrict, suspend, or terminate your access to any part of CareerSpear Services if CareerSpear determines, in its sole discretion, that you pose a threat to CareerSpear and/or its Users.

Eligibility. Use of and Membership in the CareerSpear Services is void where prohibited. By using the CareerSpear Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the CareerSpear Services does not violate any applicable law or regulation. Your Visumé™ may be deleted and your Membership may be terminated without warning, if we believe that you are less than 14 years of age.
Term. This Agreement shall remain in full force and effect while you use the CareerSpear Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. CareerSpear.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that CareerSpear.com reserves the right to charge for the CareerSpear Services and to change its fees from time to time in its discretion. If CareerSpear.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CareerSpear.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The CareerSpear Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CareerSpear.com.
The Visumé™ is a venue by which candidates, hiring authorities and recruiters can interact, communicate and share information. Illegal and/or unauthorized use of the CareerSpear Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CareerSpear Website is prohibited unless agreed upon by CareerSpear and a third party such as, but not limited to, a recruiter network. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Members’ Visumé™ without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the CareerSpear Services.
Proprietary Rights in Content on CareerSpear.com.
1. CareerSpear.com does not claim any ownership rights in the text, files, images, photos, documents, credentials, works of authorship, or any other materials (collectively, "Content") that you post within/on your Visumé™ or other CareerSpear Services. After posting your Content to the CareerSpear Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the CareerSpear Services, you hereby grant to CareerSpear.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the CareerSpear Services.
  Without this license, CareerSpear.com would be unable to provide the CareerSpear Services. For example, without the right to modify Member Content, CareerSpear.com would not be able to digitally compress documentation files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, CareerSpear.com could not allow Users to view Visumé™ posted by Members. The license you grant to CareerSpear.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to CareerSpear.com), fully-paid and royalty-free (meaning that CareerSpear.com is not required to pay you for the use on the CareerSpear Services of the Content that you post), sub-licensable (so that CareerSpear.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the CareerSpear Services), and worldwide (because the Internet and the CareerSpear Services are global in reach). This license will terminate at the time you remove your Content from the CareerSpear Services. The license does not grant CareerSpear.com the right to sell your Content, nor does the license grant CareerSpear.com the right to distribute your Content outside of the CareerSpear Services. You do agree that CareerSpear.com reserves the right to charge a fee for hiring authorities or recruiters to view your Visumé™ if CareerSpear sees fit at any time during your membership.
2. You represent and warrant that: (i) you own the Content posted by you on or through the CareerSpear Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the CareerSpear Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the CareerSpear Services.
3. The CareerSpear Services contain Content of CareerSpear.com ("CareerSpear.com Content"). CareerSpear.com Content is protected by copyright, trademark, patent, trade secret and other laws, and CareerSpear.com owns and retains all rights in the CareerSpear.com Content and the CareerSpear Services. CareerSpear.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the CareerSpear.com Content (excluding any software code) solely for your personal use for obtaining employment in connection with viewing the CareerSpear Website and using the CareerSpear Services.
4. The CareerSpear Services contain Content of Users and other CareerSpear.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the CareerSpear Services.
Content Posted.
1. CareerSpear.com may delete any Content that in the sole judgment of CareerSpear.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. CareerSpear.com assumes no responsibility for monitoring the CareerSpear Services for inappropriate or inaccurate Content. If at any time CareerSpear.com chooses, in its sole discretion, to monitor the CareerSpear Services, CareerSpear.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate or inaccurate Content, and no responsibility for the conduct or authenticity of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the CareerSpear Services, and any material or information that you transmit to other Members and for your interactions with other Users. CareerSpear.com does not endorse and has no control over the Content. Content is not necessarily reviewed by CareerSpear.com prior to posting and does not necessarily reflect the opinions or policies of CareerSpear.com. CareerSpear.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is transmitted to other Members.
3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the CareerSpear Services. CareerSpear.com reserves the right to investigate and take appropriate legal action against anyone who, in CareerSpear.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the CareerSpear Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CareerSpear.com:
  1. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  2. Harasses or advocates harassment of another person.
  3. Exploits people in a sexual or violent manner.
  4. Contains nudity, violence, or offensive subject matter or contains a link to an adult website.
  5. Solicits personal information from anyone under 18.
  6. Provides any telephone numbers, street addresses, last names, URLs or email addresses unless provided in free will by the licensor or member.
  7. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  8. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
  9. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
  10. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
  11. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
  12. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
  13. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  14. Includes a photograph of another person that you have posted without that person's consent.
  15. For band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Visumé™.
The following is a partial list of the kind of activity that is illegal or prohibited on the CareerSpear Website and through your use of the CareerSpear Services. CareerSpear.com reserves the right to investigate and take appropriate legal action against anyone who, in CareerSpear.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
2. Advertising to, or solicitation of, any Member to buy or sell any products or services through the CareerSpear Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the CareerSpear Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CareerSpear.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CareerSpear.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the CareerSpear Services, you acknowledge that you will have caused substantial harm to CareerSpear.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CareerSpear.com $50 for each such unsolicited email or other unsolicited communication you send through the CareerSpear Services.
3. Covering or obscuring the banner advertisements on your Visumé™, or any CareerSpear.com page via HTML/CSS or any other means.
4. Any automated use of the system, such as using scripts to add non-members or send comments or messages.
5. Linterfering with, disrupting, or creating an undue burden on the CareerSpear Services or the networks or services connected to the CareerSpear services.
6. Attempting to impersonate another Member or person.
7. For band profiles, copying the code for your CareerSpear Visumé™ and embedding it into other profiles or asking other Members to embed it into their profiles.
8. Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.
9. Selling or otherwise transferring your Visumé™
10. Using any information obtained from the CareerSpear Services in order to harass, abuse, or harm another person.
11. Displaying an advertisement on your Visumé™ or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the CareerSpear Services on behalf of that person, such as placing commercial content on your Visumé™ posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose.
12. Using the CareerSpear Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to CareerSpear or others without obtaining the prior written consent of the owner of such proprietary rights. You may not modify, adapt, translate, or create derivative works based upon the Visumé™, VisuNet™, TopMatch™, VisuPort™, TimeLine™ service(s) or any other copyrighted, trademarked or proprietary property of CareerSpear.com. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software on this site. It is the policy of CareerSpear.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to CareerSpear.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work or documentation has been copied and posted on the CareerSpear Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the CareerSpear Services
Your address, telephone number, and email address
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. CareerSpear.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, CareerSpear,LLC.

Member Disputes. You are solely responsible for your interactions with other CareerSpear.com Members and visitors. CareerSpear.com reserves the right, but has no obligation, to monitor disputes between you and other Members or visitors.
Privacy. Use of the CareerSpear Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. CareerSpear.com is not responsible for any incorrect or inaccurate Content posted on the CareerSpear Website or in connection with the CareerSpear Services, whether caused by Users of the CareerSpear Services or by any of the equipment or programming associated with or utilized in the CareerSpear Services. Visumé’s™ created and posted by Members on the CareerSpear Website may contain links to other websites. CareerSpear.com is not responsible for the Content, accuracy or opinions expressed on such websites or individual Visumé™, and such websites and/or Visumé™ are in no way investigated, monitored or checked for accuracy or completeness by CareerSpear.com. Inclusion of any linked website on the CareerSpear Services does not imply approval or endorsement of the linked website by CareerSpear.com. When you access these third-party sites, you do so at your own risk. CareerSpear.com takes no responsibility for third party advertisements which are posted on this CareerSpear Website or through the CareerSpear Services, nor does it take any responsibility for the goods or services provided by its advertisers or third parties such as TruDiligence, HealthStream, i-fax, VideoBloom, Quest Diagnostics. CareerSpear.com is not responsible for the conduct, whether online or offline, of any User of the CareerSpear Services. CareerSpear.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. CareerSpear.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CareerSpear Services or or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the CareerSpear Services. Under no circumstances shall CareerSpear.com be responsible for any loss or damage, including personal injury or death, resulting from use of the CareerSpear Services, attendance at a CareerSpear.com event, from any Content posted on or through the CareerSpear Services, or from the conduct of any Users of the CareerSpear Services, whether online or offline. The CareerSpear Services are provided "AS-IS" and as available and CareerSpear.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.When you access these third-party sites, you do so at your own risk. CareerSpear.com takes no responsibility for third party advertisements which are posted on this CareerSpear Website or through the CareerSpear Services, nor does it take any responsibility for the goods or services provided by its advertisers or third parties such as TruDiligence, HealthStream, i-fax (Barcode technology provided by http://www.i-fax.com) and VideoBloom.
Limitation on Liability. IN NO EVENT SHALL CAREERSPEAR.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CAREERSPEAR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAREERSPEAR.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID NOT TO EXCEED 30 DAYS, IF ANY, BY YOU TO CAREERSPEAR.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. CAREERSPEAR IS IN NO WAY LIABLE IN ANY FASHION FOR INFORMATION WHETHER INCLUDED OR OMMITTED THAT YOU POST ON OUR SITE. CAREERSPEAR DOES NOT WARRANT THE AUTHENTICITY OF ANY INFORMATION POSTED ON THE SITE TO ANY VISITORS OR MEMBERS.
U.S. Export Controls. Software available in connection with the CareerSpear Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the CareerSpear Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the CareerSpear Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, City of Denver. Either CareerSpear.com or you may demand that any dispute between CareerSpear.com and you about or involving the CareerSpear Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Denver, CO, USA, provided that the foregoing shall not prevent CareerSpear.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold CareerSpear.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CareerSpear Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the CareerSpear Website or through the CareerSpear Services causes CareerSpear.com to be liable to another.
Other. This Agreement is accepted upon your use of the CareerSpear Website or any of the CareerSpear Services and is further affirmed by you becoming a Member whether you are a Candidate, Recruiter, Hiring Authority or any other category not stipulated. Your acknowledgement of this agreement places you as a member of CareerSpear.com. This Agreement constitutes the entire agreement between you and CareerSpear.com regarding the use of the CareerSpear Services. The failure of CareerSpear.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CareerSpear.com, Visumé™, VisuNet™, TopMatch™, VisuPort™, TimeLine™ service(s) are trademarks of CareerSpear, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Return/Cancellation Policy - Unless the product is defective or the return is a direct result of our error, no returns are accepted, and all sales are final, including all aspects of features and services. No refunds are accepted. Account cancellation can occur anytime but no pro-rated refunds will be issued.
To contact us please email us at info@careerspear.com

Please contact us at the “Contact Us” section of CareerSpear.com with any questions regarding this Agreement.

About CareerSpear.com

CareerSpear.com is an online service that allows our members to set up unique professional profiles through our proprietary on-line software called the Visumé™ that can be viewed through networks of recruiters, hiring authorities and other ancillary services across the globe. CareerSpear members and visitors (hiring authorities, recruiters, candidates, etc.) can view Visumé™ anytime, anywhere with a unique 7 digit Visumé™ code and an online connection. CareerSpear candidate members can change their Visumé™ profile at any time. After a candidate becomes employed, he or she can archive the Visumé™ until needed at a later date as well as their entire portfolio through their VisuVault™ until termination.