FOR RECRUITERS, EMPLOYERS, CANDIDATES AND OTHER USERS
LAST UPDATED ON APRIL 23, 2009
PLEASE SCROLL DOWN AND READ THE USER AGREEMENT BELOW.
This User Agreement (“Agreement”) governs your use of FINS (the "Service"), an
on-line service for recruiters and employers to post employment opportunities in
the finance industry and candidates to search such opportunities and post their
resumes. As part of the Service,
candidates can create individual profiles (“Profiles”), which may include
personal information, and can choose to make these Profiles, or aspects thereof,
searchable by recruiters and employers.
The Service is a venue for recruiters and employers to post job opportunities
and candidates to post resumes and create Profiles. We are not involved in the actual
transaction between recruiter or employers and candidates.
If you agree to be bound by the terms of this Agreement, you should click on the
"I AGREE" button at the end of this Agreement.
If you do not agree to be bound by the terms of this Agreement, do not
select the "I agree to the Terms & Conditions” option during registration. By not selecting this option, you
will not be able to proceed with the registration process for the Service and
become a registered user. If you are
entering into this Agreement on behalf a company or other legal entity, you
represent that you have the authority to bind such entity to the terms and
conditions of this Agreement, in which case the terms “You” or “Your” will refer
to such entity. To the extent you
have access to, or are using, the Service without having completed our
registration process or selected the "I agree to the Terms & Conditions" option,
you are hereby notified that your continued use of the Service is subject to the
terms and conditions of this Agreement.
Changes to Agreement. We may
change the terms of this Agreement at any time by notifying you of the change in
writing or electronically (including without limitation, by email or by posting
a notice on the Service that the terms have been "updated"). The changes also
will appear in this document, which you can access at any time by going to Terms & Conditions
. You signify that you agree to be
bound by such changes by using the Service after changes are made to this
Privacy and Your Profile. Registration data and other information
processed in the United States
or any other country where Dow Jones has facilities, and by using the Service,
you consent to the transfer of information outside of your country. If
you are a recruiter or an employer and provide someone else with access to your
password to the Service, they will have the ability to view and make changes to
your Profile and to your job postings.
Both Candidates and Recruiters are responsible for maintaining the
confidentiality of their passwords.
We require you to register to have access to the Service. Only one individual
may access the Service at the same time using the same user name or password,
unless we agree otherwise. You agree not to choose a user name that impersonates
someone else, is protected by trademark or other proprietary right law, or is
vulgar or otherwise offensive. It is your responsibility to choose your password
wisely. We reserve the right to
disclose any information about you, including data in your Profile, in order to
comply with any applicable laws and/or requests under legal process, to operate
our systems properly, to protect our property or rights, and to safeguard the
interests of others.
Resumes, Profiles. If you
are an individual posting a resume or creating a Profile, you acknowledge and
agree that you are solely responsible for the form, content and accuracy of any
resume, Profile or material contained therein uploaded by you to the Service. You also acknowledge that recruiters
and employers, not us, are solely responsible for their postings on the Service.
We shall not be responsible for any employment decisions, for whatever reason,
made by any entity posting jobs on the Service.
Recruiters and Employers.
If you are a recruiter or employer posting a job posting, you represent to us
that the job posting is truthful and accurate and is currently open and
available and that the job and your hiring practices comply with applicable law. You also represent and covenant to us
that you are using the Service solely to post jobs on behalf of the company to
which the job relates and that you are duly authorized to post such jobs. You agree not to copy, scrape or
otherwise use any resumes, Profiles or job postings for the purpose of
redistributing or sending such information to other job sites or services.
Fees and Payments. If you are a recruiter or employer posting a job
posting, you agree to pay the fees and any other charges incurred in connection
with your user name and password in posting jobs through the Service (including
any applicable taxes) at the rates in effect when the charges were incurred.
Unless we have notified you that you will
be billed by invoice, we will bill all charges automatically to your credit
card. All fees and charges are nonrefundable.
We may change the fees and charges then in effect, or add new fees or charges,
by giving you notice in advance. If
you want to use a different credit card or there is a change in credit card
validity or expiration date, or if you believe someone has accessed the Service
using your user name and password without your authorization, you can contact
your account manager at firstname.lastname@example.org.
User Content Generally.
Resumes, Profiles and Job Postings.
Resumes, Profiles, job postings as well as other content that you upload,
provide or create to or on the Service is referred to as “User Content.” We do not routinely screen, edit, or
review User Content. However, we
reserve the right to monitor or remove any User Content from the Service at any
time without notice. We have no
control over User Content, the quality, safety, legality, truth or accuracy of
the jobs or resumes posted, the ability of recruiters or employers to offer job
opportunities to candidates or the ability of candidates to fill job openings.
We may take any action with respect to
User Content that we deem necessary or appropriate in its sole discretion if we
believes that such User Content could create liability for us, damage our brand
or public image. While we reserve the right in our sole discretion to remove
User Content from the Service from time to time, we do not assume any obligation
to do so and disclaim any liability for failing to take any such action. Recruiters may not post any
franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which requires
an upfront or periodic payment, pays commissions only (except for postings that
make clear that the available job pays commission only and clearly describes the
product or service that the job seeker would be selling, in which case such
postings are permissible), or requires recruitment of other members,
sub-distributors or sub-agents. Any
job posting classified in the aforementioned categories will be removed
Grant of Rights and Representations by You. If you upload, post or
submit any User Content on the Service, you represent to us that you have all
the necessary legal rights to upload, post or submit such User Content and it
will not violate any law or the rights of any person. You agree that upon
uploading, posting or submitting information on the Service, you grant Dow
Jones, and our respective affiliates and successors a non-exclusive,
transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable
right and license to use, distribute, publicly perform, display, reproduce, and
create derivative works from your User Content in any and all media, in any
manner, in whole or part, without any duty to compensate you; provided that we
will continue to abide with any restrictions on making such content publicly
5.3 We may
also remove any User Content for any reason and without notice to you. This
includes all materials related to your use of the Service, including Profiles,
resumes, job postings or other personalized information you have created while
on the Service.
Limitations on Use of Editorial Content.
text, graphics, images, video, metadata, design, organization, compilation, look
and feel, advertising and all other protectable intellectual property (other
than User Content) (the "Non-User Content") available through the Service is our
property or the property of our advertisers and licensors and is protected by
copyright and other intellectual property laws.
you have our written consent, you may not sell, publish, distribute, retransmit
or otherwise provide access to the Non-User Content received through the Service
to anyone, with the following exceptions:
6.2.1 You may use the
sharing functionality we include in the Service to share articles with other
individuals. You are not permitted to use such functionality for the purpose of
regularly providing other users with access to content from the Service.
6.2.2 You may occasionally
distribute a copy of an article, or a portion of an article, from the Service in
non-electronic form to a few individuals without charge, provided you include
all copyright and other proprietary rights notices in the same form in which the
notices appear in the Service, original source attribution, and the phrase "Used
with permission from FINS".
6.2.3 You agree not to rearrange
or modify the Content. You agree not to create abstracts from, scrape or display
our content for use on another web site or service (other than headlines from
our RSS Feed with active links back to the full article on the Service). You
agree not to post any content from the Service (other than headlines from our
RSS Feed with active links back to the full article on the Service) to weblogs,
newsgroups, mail lists or electronic bulletin boards, without our written
General Restrictions. You
agree not to use the Service for any unlawful purpose.
We reserve the right to terminate or
restrict your access to the Service if, in our opinion, your use of the Service
may violate any laws, regulations or rulings, infringe upon another person's
rights or violate the terms of this Agreement.
Copyright/IP Policy. It is our policy to respond to notices of
alleged infringement that comply with the Digital Millennium Copyright Act. For
more information about our policy, please see our
9. Third Party Web Sites, Service and
Software. We may link to, or promote, web sites or Service from other
companies or offer you the ability to download software from other companies. You agree
that we are not responsible for, and do not control, those web sites, Service
Diclaimers of Warranties.
Agree that your access to, and use of, the service and the job postings, resumes, other content and functionality available through the service
is on an "as-is", "as available" basis and we specifically
disclaim any represnetations or warranties, express or impled, including, without
limitation, any represnetations or warranties of merchantability or fitness for
a particular purpose.
You acknowledge and agree that resumes, job postings, editorial content and
other information in the Service may contain inaccuracies or typographical
errors. We make no representations about the accuracy, reliability,
completeness, or timeliness of any such resumes, job postings, editorial content
or other information.
We cannot guarantee and do not promise any specific results from use of the
Service. No advice or information, whether oral or written, obtained by a user
from us or through the Service shall create any warranty not expressly stated
11. Limitations on liability.
Dow Jones and its subsidiaries,
affiliates, shareholders, directors, officers, employees and licensors ("The Dow
Jones parties") will not be liable (jointly or separately) to you or any other
person as a result of your access or use of the service for indirect,
consequential, special, incidental, punitive, or exemplary damages, including,
without limitation, lost profits, lost savings and lost revenues (collectively,
the "excluded damages"), whether or not characterized in negligence, tort,
contract, or other theory of liability, even if any of the Dow Jones parties
have been adivced of the possibility of or could have foreseen any of the
excluded damages, and irrespective of any failure of an essential purpose of a
limited remedy. If any applicable authority holds any portion of this section to
be unenforceable, then the Dow Jones parties' Liability will be limited to the
fullest possible extent permitted by applicable law.
Indemnification.You agree to indemnify, hold
harmless, and if requested by us, defend, us and our affiliates, subsidiaries,
and their respective officers, director and employees against any losses,
liabilities, damages and expense (including without limitation, reasonable
attorneys’ fees) arising out of or related to a breach by you any
representation, warranty, term or condition in this Agreement or out of the
content of any User Content you upload, provide or create. We will provide you with reasonably
prompt written notice of any such claim but our failure to provide such notice
will not relieve you of your obligations hereunder. No settlement of a claim shall be
entered into without our consent.
General. This Agreement contains the final and entire agreement between us
regarding your use of the Service and supersedes all previous and
contemporaneous oral or written agreements regarding your use of the Service. We
may discontinue or change the Service, or their availability to you, at any
time. This Agreement is personal to you, which means that you may not assign
your rights or obligations under this Agreement to anyone.
No third party is a beneficiary of this
Agreement. You agree that this Agreement,
as well as any and all claims arising from this Agreement will be governed by
and construed in accordance with the laws of the State of New York, United
States of America applicable to contracts made entirely within New York and
wholly performed in New York, without regard to any conflict or choice of law
principles. The sole jurisdiction and venue for any litigation arising out of
this Agreement will be an appropriate federal or state court located in
New York. This Agreement will not
be governed by the United Nations Convention on Contracts for the International
Sale of Goods.
FINS is a trademark of eFinancialCareers.
Copyright ©2012 Dice Holdings, Inc. All rights reserved.