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READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Vault, Inc. ("Vault," "we," "us") provides 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, please do not use the Site.
This Agreement is made between Vault and Site visitor and/or member ("you"). We reserve the
right at any time to:
- Change the terms of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of
the Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by m
eans including, without limitation, posting on the Site or 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!
- Code of Conduct
While using the Site and/or Software (as defined below), you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including,
without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site or Software for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit
- any content or information that is unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable, or infringes on our or any third party's
intellectual property or other rights;
- any material, non-public information about companies without the authorization to do so;
- any trade secret of any third party; or
- any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities,
or other unsolicited commercial communication (except as otherwise expressly permitted by us),
or engage in spamming or flooding;
- any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or
other unsolicited commercial communication (except as otherwise expressly permitted by us), or
engage in spamming or flooding;
- 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
(no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
- Transmit any software or other materials that contain any virus, worm, time bomb,
Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site or Software;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Link to any page of or material on the Site other than the URL located at www.vault.com;
- 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; or
- Harvest or collect information about Site visitors or members without their express consent.
While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations.
Upon our request, you agree to sign a non-electronic version of this Agreement.
- Registration
Although certain areas of the Site do not require you to be a Vault member, some areas
(such as our detailed online profiles and industry guides) do. When and if you register to become a member
(registration is currently free!), you agree to
- provide true, accurate, current and complete information
about yourself as prompted by our registration form (including your email address) and
- to maintain and
update your information (including your email address) to keep it true, accurate, current, and complete. You
acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we
reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a
username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other
proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our
sole discretion. You will be responsible for the confidentiality and use of your username and password and
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 updating
your account information by logging in and clicking on "update your basic membership information" and
immediately notify us of the problem by emailing us at
webmaster@staff.vault.com.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
- Making Purchases
If you wish to purchase products or services described on the Site, you will be asked
by Vault (or, if you are purchasing the product through a cobranded area of the Site, by the provider of the
product or service) to supply certain information applicable to your purchase, including, without limitation,
credit card and other information. You understand that any such information will be treated by Vault in the
manner described in our Privacy Policy. You agree that all information that you provide to Vault will be
accurate and complete. You agree to pay all charges incurred by you or any users of your account and credit
card or other payment mechanism 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.
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. For more information on Vault's customer services policies,
including policies regarding shipping and returns, read Vault's customer service policies.
- Submissions and Postings
Please note that, because we and our designees accept videos, written surveys, host message boards and other
forums found on the Site as well as other opportunities to post, such as Vault Job Posting and Vault Member Profiles
(collectively, the "Forums") and therefore redistribute materials you give us, we require certain rights in those
materials. Therefore, by sending or transmitting to us creative suggestions, ideas, notes, concepts, or other
materials (collectively, "Materials"), or by posting such Materials to any area of the Site, you grant us and our
designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual,
irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, edit, add content
and logo to, publicly
perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in
any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Materials. None of the 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
or disclosure of any Materials.
- Forums
The Forums are designed to help readers obtain career and company information and discuss ways
to make career decisions. This information is sometimes provided by our staff and sometimes by other contributors,
many of whom use anonymous screen names and are people not otherwise connected with Vault. We recognize that while
we make available a large volume of information in our Forums, people occasionally post messages or make statements
that are misleading, deceptive, or downright wrong. They may do this unintentionally, or even intentionally.
Therefore, treat the contributors here 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.
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. If you ignore our advice to independently research companies and industries, and
choose to make a career decision based on, or take at face value, opinions found in any of the Forums, you
acknowledge that you have made a conscious, willing, free, and personal decision to do so - and you have also
probably made a mistake. Remember that it's YOUR responsibility to evaluate, and 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!
The Forums are not affiliated with, or endorsed, by the companies described or mentioned therein. 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. We have no obligation to monitor the Site or the Forums, or
any other materials that you or other third parties transmit or post on to the Site or the Forums. However,
you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums
and the materials you transmit or post; to alter or remove any such materials (including, without limitation,
any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to
any third party 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.
Everyone reading messages posted on our Forums must recognize that the messages are at least "R" rated.
The messages sometimes contain profanity and strong opinions. You should not be reading our Forums if you
are offended by either. On the other hand, users of the Forums must 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. Although Vault has no
obligation to do so, Vault does monitor messages posted on its Forums and reserves the right 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. If you believe a message
violates our member policies, please contact Vault immediately at
community@staff.vault.com
so that we can consider its editing or removal.
- Job Postings and Resume Database Service
By using the online job posting feature of the Site including the
Vault 1-Click Job Posting� service (the "Job Board") or the VaultMatch� resume database service (the "Resume Database"),
you agree to be bound by, and
comply with the Vault Job Posting Rules and the
VaultMatch Rules, respectively.
Vault is under no obligation to monitor the information residing on or transmitted to the Job Board or Resume
Database, however, you agree that Vault reserves the right to modify, reject or eliminate any information residing
on or transmitted to the Site, or terminate the account of any user, that Vault believes, in its sole discretion,
to be unacceptable or in violation of these terms and conditions.
- 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:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
- 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);
- 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; (d) the name, address,
telephone number, and email address (if available) of the complaining party;
- 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
- 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 Hussam Hamadeh, General Counsel, Vault, Inc., 150 W. 22nd Street, New York,
NY 10011, (212) 366-4212,
hshamadeh@staff.vault.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.
- Ownership and Restrictions on Use
©1997-2007 Vault, Inc. All Rights Reserved.
The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements.
You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in
any way, without our prior written permission, except you may download one copy of such material on any
single computer for your personal, non-commercial home use only, provided you keep intact, without change,
all copyright and other proprietary notices. Modification of the materials or use of the materials for any
other purpose is 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. You
own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the
Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer,
disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
"Vault"; "Vault.com"; the "Vault logo"; "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, Inc.
All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of
their respective owners.
- 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. 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, Iraq, Libya, North Korea, Iran, 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 or using 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 it so desires, 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.
- Rules for Sweepstakes, Contests, and Games
Any sweepstakes, contests, and games that are accessible
through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in
such games you will become subject to those rules. We urge you to read the applicable rules, which are linked
from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this
Agreement) any information you submit in connection with such sweepstakes, contests, and games.
- Termination
This Agreement shall remain effective until terminated in accordance with its terms. Either
party may terminate this Agreement immediately upon notice to the other party. 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.
- Disclaimers
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. Applicable law may not allow the exclusion
of implied warranties, so 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.
A possibility exists that the Site or Forums could include inaccuracies or errors, or materials that violate these
Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized
alterations could be made by third parties to the Site or Forums. Although we attempt to ensure the integrity
of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a
situation arises, please contact us at community@staff.vault.com with, if possible, a description of the material to
be checked and the location (URL) where such material can be found on the Site, as well as information sufficient
to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright
infringement claims, see the section on "Claims of Copyright Infringement" above.
- 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. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO 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.
- Indemnification
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 (a) your breach of this
Agreement; (b) 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; (c) your violation of the Code of Conduct above; and/or (d) your activities in connection with the Site.
- Miscellaneous
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 New York City, 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. This is
the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous
written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable 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. 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.
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