CareerBuilder, LLC

Resume Database Subscription Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING ON THE CREDIT CARD PURCHASE PAGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH CAREERBUILDER, LLC ("CAREERBUILDER") FOR THE FULL SUBSCRIPTION TERM.

CareerBuilder owns and operates a website located at www.careerbuilder.com (the "Site"), pursuant to which it offers Employers and recruiters a limited subscription to CareerBuilder’s subscribers-only online Resume Database (the "Resume Database"). This Agreement provides the terms and conditions of such subscription.

TERMS AND CONDITIONS

1.	Access Authority and Conditions. Subject to compliance with each of the terms of this Agreement, CareerBuilder agrees to permit You a limited, personal, terminable, non-transferable, non-exclusive right to access the CareerBuilder Resume Database via the Site for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively "Resumes") solely for Your use. Following are certain requirements and limitations regarding such access:
	1.1	The Resume Database is to be accessed and used solely by You. Upon Your successful registration for Resume Database subscription, You will be provided with a unique password that will permit You to access the Resume Database. You may not provide Your password or otherwise permit access to the Resume Database to any third party. You may download, one at a time, up to either 50 Resumes per day or 300 Resumes per day (per Resume Database user seat) depending on the Resume Database product purchased for Your use in accordance with the terms of this Agreement. Please note that the term "download" shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in Your use of a Resume or any of the information contained therein. You agree to protect and keep Your password confidential, to change Your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on Your network and individual computer(s).
	1.2	You may not use the Resume Database in any way which, in CareerBuilder’s sole judgment, adversely affects CareerBuilder’s business, business prospects, the performance or function of the Site or the Resume Database, or interferes with the ability, of other subscribers to access the Resume Database. Further, Your use of the Resume Database may not interfere or violate, in any manner, the privacy election of CareerBuilder Job Seekers.
	1.3	You may use Your subscription to the Resume Database only for seeking candidates for employment, You are specifically prohibited from using information contained in the Resume Database to sell or promote any products or services or to take any other action that is, in CareerBuilder’s sole judgment, inconsistent with Site Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
	1.4	CareerBuilder may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the CareerBuilder Resume Database, CareerBuilder does not convey any interest in or to the Resume Database or any other CareerBuilder property or services. All right, title and interest in and to the Resume Database is and shall remain in CareerBuilder.
2.	Subscription Period. This Agreement shall commence as of the date you click "I accept", agreeing to be bound by the terms of this Agreement (the "Effective Date") and shall continue for the duration of the Subscription Period selected and prepaid in full by You ("Subscription Period"), unless terminated earlier by CareerBuilder as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.
3.	Disclaimer of Warranties. THE RESUME DATABASE SUBSCRIPTION AND USE OF THE CAREERBUILDER RESUME DATABASE ARE PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE RESUME DATABASE. THE CAREERBUILDER RESUME DATABASE IS GIVEN OR ASSUMED BY CAREERBUILDER OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CAREERBUILDER MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. CAREERBUILDER DOES NOT WARRANT THAT YOUR USE OF THE CAREERBUILDER RESUME DATABASE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
4.	Limitation of Liability. IN NO EVENT WILL CAREERBUILDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF CAREERBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL CAREERBUILDER'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.
5.	Indemnification. You will, at Your sole cost and expense, indemnify and hold CareerBuilder, and its affiliates and its assigns and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your use of the Resume Database or any breach of the terms hereof in any manner. You shall permit CareerBuilder to participate in any such action to the extent that, in CareerBuilder's judgment, CareerBuilder may be prejudiced thereby, and You shall not settle any such action without the prior written consent of CareerBuilder.
6.	Amendments. CareerBuilder reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements or limitations in its sole discretion at any time by posting a revised version hereof on the Site or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted on the Site or otherwise made available as described above. Your continued use of the Resume Database after posting or availability constitutes Your agreement to the revision.
7.	Authority. You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.
8.	Controlling Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in Cook County, Illinois, and the parties consent to such jurisdiction.
9.	Force Majeure CareerBuilder shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.
10.	No Assignment. You may not assign this Agreement or any of Your rights hereunder. Any such attempted assignment shall be null and void.
11.	Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto.