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Vault is for the sole use of the client, as outlined in the written license agreement with Vault. Any other use constitutes copyright infringement and the theft of services. Any unauthorized use or distribution will be traced and may result in civil and/or criminal liability.
We will not share your personal information with third parties for their marketing use, except when you register to participate in a Vault Career Event and consent to have your personal information made available to participating employers, recruiters and sponsors for that event. Please see the "Opt-In Services Involving Third Parties" and "Choice/Opt Out" sections below for more information about Vault Career Events and how to opt out of the information sharing involved therewith.
I. The Information We Gather
A. Personally Identifiable Information
Although many parts of the Site do not require you to submit any "personally identifiable information," some areas of the Site may, including, for example and without limitation: (a) when registering on the Site to become a Member; (b) when making a purchase on the Site; (c) when using the My Vault Account area of the Site; and (d) when participating in various activities on or in connection with the Site, such as surveys. As used herein, "personally identifiable information" means information that relates to an identified individual or can be used to identify or contact an individual, including, for example, an individual's name, home address, email address, telephone number, text message address, email address of a wireless device, credit card information, age, gender and other demographic information, or any other information that can be used to identify or contact an individual, whether online or offline. We also collect educational, employment and/or occupation-related information (but we generally do not consider such information to be "personally identifiable information" where it is not identifiable to an individual user or associated with any other information that would cause it to be identifiable to an individual).
Your personally identifiable information may be used to contact you when necessary. You may opt out of receiving future promotional mailings, and for more information about how to do so, see the "Choice/Opt Out" section below. We also may use this data to tailor your experience at our Site, showing you content that we think you might be interested in, and displaying the content according to your preferences. We also may use demographic information to target advertisements to users from specific demographics.
B. Other Information
Vault also collects non-personally identifiable information (that is, information that does not identify a specific individual), such as aggregate use statistics for the Site, for both Site visitors and Members. We collect such non-personally identifiable information through various means, as further explained below. Additionally, any or all of the below-described activities with respect to non-personally identifiable information may be performed on our behalf by our services providers.
We collect non-personally identifiable information in part through the use of "cookies" – that is, small data files placed on your computer's hard drive. Cookies track where you travel on the Site and what you look at or purchase. They may store the information in your shopping cart, and/or your screen name and/or password. Cookies may enable us to relate your use of our Site to other information about you, including your personally identifiable information. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Site or certain areas or features of the Site.
2. Clear GIFs
We may use "clear GIFs" (aka, "Web beacons" or "pixel tags") or similar technologies, in the Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an email or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your personally identifiable information.
3. IP Address and Clickstream Data
We collect some basic information about your computer and Internet connections, including:
Our servers may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Site; the Web site you visit after this Site; the ads you see and/or click on; any search terms you have entered on this Site or a referral site; and other Web usage activity and data logged by our Web servers. Collecting this information helps us streamline your experience on the Site - for example, helping us diagnose problems with our server, administering our Web site, by "automatically" filling out forms for you, or keeping track of the contents of your online shopping cart. We may also link this information with your personally identifiable information for various purposes.
4. Third-Party Advertisers
The Site includes banner advertising that links to third-party sites. Our advertisers and their designees, as well as other third parties, may collect information about you through cookies or other technologies when you visit their Web site(s) through their ads. Third-party advertising companies also may employ clear GIF technologies (as described above) to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our Site and other Web sites. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
Some of these third party companies (like the ad networks) are members of the industry group, the Network Advertising Initiative, which offers a single location to opt out of their cookies. If you would like more information about this practice and to know your choices about not having your information used by these companies, we encourage you to visit the Network Advertising Initiative's consumer web site.
II. Where We Collect Information
Vault collects various types of information from users in various areas of the Site, including, for example and without limitation, in connection with the following areas and activities on the Site:
Throughout the Site, including, for example, on message board postings, we collect your IP address, as well as other personally identifiable information and non-personally identifiable information, depending on the nature of your use and the types of services and activities in which you may participate.
In the registration process, information such as email address, ZIP code, current industry and current occupation (as well as other personally identifiable information) may be requested of users who wish to become Vault Members. This profile information may be accessed and modified by you at any time in the My Vault Account area on the Site. Employers and managers who wish to take advantage of Vault's recruiting services such as our Job Board are also asked to provide information about their company, such as company size and name.
C. Newsletter subscription boxes
From various areas of the Site, for example in connection with the registration process, users may be able to submit their email addresses to receive free Vault newsletters. Typically, a user must register to bbecome a Member of the Site in order to receive such newsletters, but it also may be possible to request newsletters by just submitting your email address with no other information required.
D. Store checkout process & Other purchasing
When purchasing items on the Site (including books, Gold Membership, Career Services and other offerings) through Vault's store, users must provide certain shipping and billing information (which may include, for example, name, address, phone number and credit card or other payment information).
E. Vault Reviews
Users who opt to submit employer, profession and school reviews may be asked for varied information depending on the review type, including both personally identifiable information and non-personally identifiable information.
III. Third Parties
A. Third-Party Linked-To Websites
The Site contains links to other third party Web sites, including co-branded or other affiliated sites which may or may not be owned or operated by or in conjunction with Vault. You acknowledge that we do not monitor or control the information collection or privacy practices of any third parties, and are not responsible for their practices or the content of their Web sites, including their use of any information (such as IP address, browser type, or operating system) collected when visitors or Members follow links to their sites or view advertisements served by them on their behalf. Even though certain information collected by such third parties might not identify you personally, we strongly encourage you to become familiar with their privacy practices, and to contact such third parties if you have any questions about their respective privacy policies.
B. Opt-In Services Involving Third Parties
For certain opt-in services, user information may be shared with third parties. These services and third parties include:
IV. How We Use (and do not use) the Information We Gather
Please take some time to familiarize yourself with the different ways we may use the information we gather on or in connection with the Site.
A. Choice/Opt Out
Vault provides you the opportunity to opt out of receiving most communications from Vault, and/or, if applicable, its affiliates, advertisers, and other business partners in My Vault Account. You have the option to remove your information from our database and to not receive future promotional communications from Vault or to no longer receive our service altogether (i.e., end or cancel your Membership). We also give you the option to change or modify the information you have previously provided to us. To exercise any of the foregoing options, you can visit My Vault Account to adjust your preferences, or:
If you have registered for a Vault Career Event (as described above), and you no longer want Vault to share your personally identifiable information with such Vault Career Event employers, recruiters and sponsors, you can send an email containing your preferences to firstname.lastname@example.org.
Note that, because Vault will occasionally need to send you certain email messages in connection with your use of the Site, such as announcements, system status updates or order confirmations, you will not be able to opt out of receiving such types of messages (unless you cancel your membership altogether). Also, if you have granted us permission to share your personally identifiable information with third parties for their marketing use, such third parties' practices with respect to such information will be subject to their privacy policies. You should contact those entities directly regarding any communications you may receive from them, including if you later decide that you no longer want that third party to use your information.
B. How We Use (and do not use) Non-Personally Identifiable Information
We use non-personally identifiable information in aggregate form to build higher-quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our visitors and Members, and by measuring demographics and interests regarding specific areas of the Site. We may provide such aggregate, statistical information based on this data to advertisers, other current and potential business partners and other third parties.
C. How We Use (and do not use) Personally Identifiable Information
1. Vault's Uses in General
Vault uses your personally identifying information in several ways:
2. Communication with Users
3. Sharing with Third Parties
We will cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity and disclose personally identifiable information to law enforcement bodies for investigation or prosecution, or to suspend or terminate your membership in connection with any suspected illegal or infringing activity.
We may use third parties to help operate our Site and deliver the Site, and we may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Site or for our business (such as Web site or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). Similarly, Vault may disclose personally identifiable information to our contractors and consultants and professional advisors who help us operator the Website and our business (such as attorneys, accountants), but only to the extent necessary for them to perform services on our behalf, and only under reasonable disclosure restrictions.
In the event that Vault, or a substantial portion of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, personally identifiable information may be one of the transferred assets.
With your authorization, such as when you click on a "submit order" or similar button when placing an order, your personally identifiable information may be shared with the merchant advertising the good or service you wish to purchase, so that such merchant may complete the transaction and ship the items(s) you have purchased.
4. Credit Card Information
If you provide us with your credit card information, we will not release that information to third parties unless necessary to complete a transaction between you and such a third party. (Credit card transactions may be handled by a third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.)
5. International Transfers
Vault (or third parties acting on our behalf) may also store or process your information in countries outside the European Economic Area, which may have different standards of data protection. However we will use reasonable efforts to ensure that this information is held securely.
V. Surveys and Sweepstakes
Occasionally, Vault may conduct surveys in order to better deliver advertisements and content and to better understand your needs relating to the Site. We will not share your survey information with any third party, except in aggregate form. Also, if and when we sponsor sweepstakes or other promotions, or third parties sponsor such promotions in conjunction with us, either we or the third party co-sponsor will post relevant privacy information in the official rules and/or registration area for the sweepstakes or promotion. That privacy information, to the extent it conflicts with this Policy, will govern that particular promotion or sweepstakes - please remember to read it carefully. These surveys and sweepstakes are always optional.
VI. Public Forums
Vault makes message boards ("Discussions"), blogs, chat services, commenting functionality ("Comments"), Forums and other community areas and interactive features available to its users. Please remember that because of the nature of these types of areas and activities, any information that is disclosed in these areas may become public information and you should exercise caution when deciding to disclose your personal or confidential information, or that of any other person. Vault reserves the right (but does not have an obligation) to monitor and read any or all Discussions, Comments and other user-generated content.
Vault's web site does not target children under the age of 13. In the event that we discover that personally identifiable information has been collected from a child under 13, we will delete that information from our systems.
VIII. Accessing, Changing or Deleting Personal Information
You may view and, if you wish, change certain personally identifiable information in My Vault by logging in to the Site in My Vault Account. For security reasons, we obscure your credit card number (if you have supplied one) and password and you will therefore not be able to see passwords or credit card numbers. You may also view and, if you wish, change information you submitted as part of the registration process, while navigating the site and using the "Save" feature, or in My Vault Account. If you are in the European Union, you also have the right to ask us what information we hold about you (for which we will charge you an administration fee) and to ask us to remove or correct any inaccurate information.
IX. Contacting the Web Site
Vault.com, LLC 132 W. 31st St, 17th Floor New York, NY 10001 USA
While Vault will endeavor to protect the security and integrity of sensitive personally identifiable information provided to this Site, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If you contact us by email or a "contact us" form or similar feature on our Site, you should be aware that your transmission might not be secure. If you create an account on our Site with a password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Services by you or any person or entity using your password. You agree to immediately notify Vault of any unauthorized use of your password or account or any other breach of security. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email. Unless you notify us and provide us with alternative contact information (which you are free to do at any time through the contact us page), you consent to our use of email as the means of such notification.
XI. Consent to Processing
By providing personally identifiable information to this Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Effective Date: April 19, 2009.
Vault.com Inc. (referred to as "Vault," "we," "us," "our" and other similar pronouns) makes available this Web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Site or any of the services made available through the Site.
This Agreement is made between Vault, on the one hand, and each Site visitor and/or Member, on the other hand (including all Site visitors or Members that are entities, individuals, employers, job candidates and general visitors of the Site) (individually and collectively referred to herein as "you"). We reserve the right at any time to:
Any changes we make will be effective upon notice, which we may provide through various means including, without limitation, posting the updated version on the Site or notice via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
I. Code of Conduct
While using the Site and/or Software (as defined below), you agree to comply with all applicable laws, rules and regulations.
While using the Site and/or Software you also agree not to:
1. Restrict, inhibit or otherwise interfere with any other visitor or Member from accessing or using the Site or any service or feature thereof, including, without limitation, by means of "hacking" or defacing any portion of the Site, or by engaging in spamming or flooding our servers with requests;
2. Use the Site or Software for any unlawful purpose or in violation of applicable law, rule or regulation;
3. Express or imply that any statements you make are endorsed or approved by us, without our prior written consent;
4. Transmit, post, upload or otherwise submit to us on or through the Site:
o any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, harassing, misleading, false or otherwise objectionable, or that infringes on our or any third party's intellectual property or other proprietary rights;
o any non-public information about companies without the express authorization to do so;
o any trade secret of any third party;
o any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
o any job posting involving any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (i.e., no significant salary), or requires recruitment of other members, sub-distributors or sub-agents;
o any content containing sexual, ethnic, racial or other discriminating slurs, or material which contains no relevant or constructive content or which goes beyond profanity into obscenity or abhorrence;
o any content identifying individuals in a negative or derogatory fashion, unless such individuals are the high ranking officials of a company or have otherwise been covered in the media;
5. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, spyware, adware or other harmful or disruptive component;
6. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, disassemble or circumvent any portion of the Site or Software;
7. Remove or alter any copyright, trademark, or other proprietary rights notices contained in the Site;
8. Link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding, without our prior written authorization;
9. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents (except that the foregoing restriction shall not be construed to preclude a search engine from using a spider, robot or similar process or device to crawl and index the Site for purposes of feeding search results in response to applicable legitimate search queries);
10. Harvest or collect information about Site visitors or Members without their express consent; or
11. Impersonate any person or entity or misrepresent your affiliation with any other person or entity.
II. Ownership and Restrictions on Use
©1997-2013 Vault.com Inc. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unless otherwise expressly permitted by this Agreement or on the Site in connection with particular Site materials (for example, with respect to certain materials that may be expressly labeled as "free" and "shareable"), you may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. You may, however, download one copy of such material on any single computer for your personal, non-commercial home use only, provided that in all cases you keep intact, without change, all copyright and other proprietary notices. Modification of the Site or the Site materials or use of the Site or the Site materials for any other purpose may be a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. We, or the applicable owner, retain all right, title, and interest in and to the Software and all intellectual property rights therein.
"Vault"; "Vault.com"; the Vault logo; "Vault: Career Intelligence"; "Vault, Don't climb"; "The Most Trusted Name in Career Information"; "Electronic Watercooler"; "Insider Career Network"; "The Workplace Network"; "Am I Worthy"; "Tools for Work"; "VaultMatch"; "Vault 1-Click Job Posting"; "Recruitment and Retention" and "Career Advancement for Professionals" are trademarks and/or service marks of Vault There are other trademarks that appear on the Site that belong to us and others, and all other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the trademarks displayed on the Site is strictly prohibited.
Although certain areas of the Site do not require you to be a Vault Member, some areas do. When and if you register to become a Member, you agree to:
1. provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address); and
2. maintain and update your information (including your email address) to keep it true, accurate, current, and complete.
As part of the registration process, you will be asked to select a password and may be asked to select a screen name. We may refuse to grant you a screen name that impersonates someone else, that is or may be illegal, that is or that may be protected by trademark or other proprietary rights law, that is vulgar or otherwise offensive, that may cause confusion or for any other reason, as determined by us in our sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR THE CONFIDENTIALITY AND USE OF YOUR SCREEN NAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by logging in and editing your settings in the My Vault Account section of the Site and immediately notify us of the problem by emailing us at email@example.com.
IV. Making Purchases
When you place an order to purchase a product or service, we will send you an email to confirm we have received your order. Your order represents an offer to purchase our product or service and our confirmation represents our acceptance of your offer. All risk in any products you purchase from us (including risk of loss and/or damage to the products) will pass to you when they are delivered to you.
You agree to pay, and you understand that we have no responsibility or liability for, any or all charges incurred by you or any users of your account and credit card or other payment mechanism (including, for example and without limitation, any fees assessed in connection with exceeding a limit imposed on your payment card or account) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The prices of our products and services are quoted exclusive of any applicable taxes and charges (including, where applicable, Value Added Tax).
Descriptions or images of, or references to, products or services on the Site do not imply Vault's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, or to limit the order quantity on any product or service and/or refuse service to you. Verification of information may be required prior to Vault's acceptance of any order. Price and availability of any product or service are subject to change without notice.
To ensure continuous service, unless you have turned auto-renew off, your subscription will automatically renew at the end of the term at the prevailing rate. Promotional discounts or other offers apply to first term only. You may cancel auto-renewal at any time in My Account which is in My Vault Account. Should you choose to cancel auto-renewal, your account will be active through the duration of your current term but will not auto-renew upon its completion. Gold membership is non refundable in whole or in part.
Refunds and Returns
Except where applicable law requires otherwise, Vault does not accept returns of items or services purchased on the Site, such as printed Guides, downloadable Guide PDFs or gift certificates. Vault also does not issue refunds for any products or services (or any other materials) purchased on the Site, in whole or in part, including Vault.com Gold memberships and career services (like resume reviews by an expert).
Shipping and Handling
Shipping charges for products purchased on the Site generally vary by weight, destination and shipping option. After you have placed your order, we will send you an email containing your order summary. Orders placed on business days (Monday-Friday) before 2:00 pm EST are expected to ship on the day ordered, except on certain major US holidays during which Vault's offices are closed ("Vault Holidays"). Orders placed on Saturday and Sunday can expect to ship on Monday, except on Vault Holidays. These shipping times are indicative only and we shall have no liability to you for any delay or failure to deliver products within the estimated timescales.
You consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.
V. Submissions and Postings
We and our designees may make available various opportunities for you to post videos, participate in written surveys, participate in discussions on our message boards, blogs, articles and other forums available on the Site as well as other opportunities to post information and materials. (All such message boards, videos, surveys, blogs and other forums are collectively referred to herein as the "Forums," as further addressed in Section VI below.) In addition to, and without limitation of, any other prohibited content or behavior that is prohibited hereunder (see the Code of Conduct above in Section I, for example), users of the Forums may not post sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content or which goes beyond profanity into obscenity or abhorrence. Nor shall users identify individuals in a negative or derogatory fashion, unless such individuals are the high ranking officials of a company or have otherwise been covered in the media. If you believe a message violates our member policies, please contact Vault immediately at firstname.lastname@example.org so that we may consider its editing or removal.
By sending or transmitting to us any information, creative suggestions, ideas, notes, concepts, resumes, other employment-related information or any other materials (collectively, "Submitted Materials"), or by posting such Submitted Materials to any area of the Site, you (i) represent and warrant to us that you have the legal right to post or submit your material, that you have the necessary permissions, consents, or licenses to post or submit your material, and that it will not violate any law or the rights of any person or entity, and (ii) grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, edit, add content and logos to, publicly perform, modify, adapt, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submitted Materials in any and all media or through any and all means, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submitted Materials.
None of the Submitted Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use, display or disclosure of any Submitted Materials.
The Forums are designed to help our visitors and Members obtain career and company information and discuss ways to make career decisions. This information on the Forums is sometimes provided by our staff and sometimes by other third party contributors, many of whom use anonymous screen names and are people not otherwise connected with Vault. You should be aware that people may occasionally post messages or make statements in the Forums that are misleading, deceptive, wrong or otherwise objectionable. They may do this unintentionally, or even intentionally. Therefore, treat the other users of the Forums in the same way you would treat anyone you had met for the first time, because anyone can post to our Forums - no invitation is required.
Vault is not necessarily affiliated with or endorsed by the companies described or mentioned in the Forums. The opinions expressed in the Forums reflect solely the opinion(s) of the participants - our visitors and Members - and may not reflect the opinion(s) of Vault. You acknowledge and agree that we have the right, but not the obligation, to monitor the Site and the Forums and the materials you and other visitors may transmit or post. We also have the right, but not the obligation, to alter or remove any such materials (including, without limitation, any posting to a Forum), or to delete portions of or entire posts which violate the above rules, messages or topics that are unrelated to the specific message board on which they are posted, and advertisements, recruiting or other commercial messages, and to disclose such materials and the circumstances surrounding their transmission to third parties in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors, and to comply with legal obligations or governmental requests. We may also impose limits on certain features of the Forums or restrict your access to part or all of the Forums without notice or penalty if we believe you are in breach of the guidelines set forth in this section, any of the terms and conditions of this Agreement, any applicable law, or for any other reason without notice of liability.
VII. Job Postings
By using the online job posting feature of the Site (the "Job Board"), in addition to and without limitation of any other prohibited content or behavior that is prohibited hereunder (see the Code of Conduct above in Section I, for example) you also agree not to:
1. Post any jobs in the Job Board or anywhere else on Site for any competitor of Vault or post jobs or other content that contains links to any site competitive with this Site;
2. Post jobs, information or content in the Job Board or anywhere else on Site that contains hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or the posting or are otherwise misleading;
3. Use any information or content accessible on or via the Job Board or elsewhere on the Site for any purpose other than as an employer seeking employees, including but not limited to selling or promoting any products or services;
4. Post or submit to the Job Board or anywhere else on Site any incomplete, false, misleading or inaccurate biographical or other information, or any information or content which is not your own;
5. Use any feature of the Job Board or the Site to send any unsolicited communications to any user of the Site (including by mail, email, phone calls, text messages or faxes) regarding promotions and/or advertising of products or services;
6. Delete or revise any information or material posted by any other person or entity; or
7. Aggregate, copy or duplicate in any manner any of the information or content available from the Job Board or anywhere else on Site, without our prior express written consent.
As with the other Forums available on the Site, Vault is under no obligation to monitor the information residing on or transmitted to the Job Board or Resume Database (which information also shall be considered "Submitted Materials," as such term is defined hereunder), however, you agree that Vault reserves the right to modify, reject or eliminate any information residing on or transmitted to such areas of the Site, or terminate the account of any user of such areas, that Vault believes, in its sole discretion, to be unacceptable or in violation of these terms and conditions.
VIII. Third Party Web Sites
You may be able to link from the Site to third party web sites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
IX. Claims of 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 Vault 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:
o a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o 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);
o identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Vault to locate the material on the Site;
o information reasonably sufficient to permit Vault to contact you, such as name, address, telephone number, and, if available, email address;
o 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
o 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 Vault 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 to Liz Clarke, Vault.com Inc., 132 West 31st Street, 17th Floor, New York, NY 10001, (212) 366-4212 (telephone), (646) 349-9652 (fax), email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
X. Jurisdictional Issues
The Site is solely directed to individuals residing in the United States. We control and operate the Site from within the State of New York, United States of America. To the fullest extent permitted by applicable law, we make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
XI. Rules for Sweepstakes, Contests, and Games
This Agreement shall remain effective until terminated in accordance with its terms. You may terminate this Agreement by ceasing all access to and use of the Site, and if you are a registered Member of the Site or certain areas of the Site, you should also give such notice of termination by deregistering from the Site using the My Account page in My Vault Account and asking us to delete all of your personal information by sending an email to firstname.lastname@example.org. We maintain a policy that provides for the termination of Site use privileges of repeat infringers of intellectual property rights. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VAULT AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME LAWS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO, DEPENDING ON YOUR JURISDICTION, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
VAULT AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF VAULT OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, VAULT AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY COMPANY "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND COMPANY OR ITS LICENSOR OR SUPPLIER.
WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE OR DISPLAYED ON THE SITE OR FORUMS BY THIRD PARTIES, WHETHER SUCH THIRD PARTIES ARE VISITORS TO THE SITE, MEMBERS OF THE VAULT COMMUNITY OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ARTICLES OR POSTINGS, FOR HYPERLINKS EMBEDDED IN MESSAGES, OR FOR ANY RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, SUPPLIERS, OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SUCH INFORMATION OBTAINED THROUGH THE SITE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY RESEARCHING THE COMPANIES AND INDUSTRIES FEATURED ON THE SITE, AND YOU ARE SOLELY RESPONSIBLE FOR CHOOSING TO EVALUATE OR TO MAKE A CAREER DECISION BASED ON ANY OPINIONS FOUND IN ANY OF THE FORUMS. WE CANNOT AND DO NOT TAKE RESPONSIBILITY FOR THE VERACITY, RELIABILITY, OR COMPLETENESS OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT AVAILABLE ON THE SITE, SO, PLEASE PROCEED WITH CAUTION . . . AND DO YOUR HOMEWORK!
XIV. Limitation of Liability
NEITHER VAULT NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE SOLE AND EXCLUSIVE, MAXIMUM AND AGGREGATE LIABILITY OF VAULT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL USERS OF THIS WEBSITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION 14 REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
NOTHING IN THIS AGREEMENT SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from
(1) your breach of this Agreement;
(2) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party (including, without limitation, any Submitted Materials);
(3) your violation of the Code of Conduct above; and/or
(4) your activities in connection with the Site.
Vault reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Vault's defense of such claim.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of New York, located in the state of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In this Agreement references to applicable law are to mandatory law only. This is the entire Agreement between us relating to the subject matter herein and supersedes and any and all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sub-licensable by you except with Vault's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing in this Agreement shall confer or create any rights or benefits enforceable by any person who is not a party to this Agreement. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. To the extent you have statutory rights as a consumer, nothing in this Agreement shall affect such rights.
XVII. Our Details
Vault.com Inc. 132 West 31st Street, 15th Floor New York, NY 10013 USA
Enter the email address associated with your account, and we will email you instructions
for re-setting your password.
Need more help? Contact Customer Service at email@example.com.