Terms of Use

MyWorkster makes finding the best candidates for your jobs simple. All of the candidates in our database are alumni of partner universities and we work with one hundred of the country's finest.

Introduction

Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the MyWorkster Web Sites and the Services (as each are defined below) provided by MyWorkster, LLC or one of its divisions (collectively, “MyWorkster”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the MyWorkster Web Sites or Services. These Terms and Conditions are effective as of August 13, 2012.

Binding Agreement

These Terms and Conditions (as they may be amended from time to time by MyWorkster), together with your Service Activation Agreement (if applicable), form a binding agreement (the “Agreement”) between you and MyWorkster. Your access to or use of the MyWorkster Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.

General Use Rules

The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of MyWorkster's intended and acceptable use of the Sites. MyWorkster is the sole interpreter of the Sites' intended and acceptable use.

MyWorkster Intellectual Property Rights

License to Use by Users who are Job Seekers

MyWorkster hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. MyWorkster reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to Use by Users who are Employers

MyWorkster hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. MyWorkster also grants you a limited, terminable, non-exclusive license to use the MyWorkster Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by MyWorkster to any third party without the express written authorization of MyWorkster. MyWorkster reserves the right to suspend or terminate your access and use at any time if MyWorkster determines that you are in breach of these Terms and Conditions.

Other Specific Rules Regarding Site Usage

You represent, warrant and agree that you are at least 18 years old and will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

Third Party Providers

You acknowledge and agree that MyWorkster may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between MyWorkster and its Third Party Providers, MyWorkster will have sole responsibility for handling all billing and contract negotiations.

Allocation of Responsibility

MyWorkster assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. MyWorkster acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, MyWorkster may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. MyWorkster has no liability or responsibility to Users for performance or nonperformance of such activities. MyWorkster may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

No endorsements by MyWorkster

Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

WARRANTY DISCLAIMERS

  1. THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MYWORKSTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. MYWORKSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
  2. WITHOUT LIMITATION ON THE FOREGOING:
    1. MYWORKSTER DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MYWORKSTER IS NOT RESPONSIBLE FOR THOSE COSTS.
    2. MYWORKSTER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
    3. MYWORKSTER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
    4. MYWORKSTER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. MYWORKSTER DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF

  1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
  2. IN NO EVENT SHALL MYWORKSTER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYWORKSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
  3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MYWORKSTER'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $10.00 IN THE AGGREGATE.
  4. IN NO EVENT SHALL MYWORKSTER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $10.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH MYWORKSTER, THE AMOUNTS ACTUALLY PAID BY YOU TO MYWORKSTER UNDER THIS AGREEMENT IF GREATER THAN US$10.00).
  5. DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT MYWORKSTER WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.

User Authentication

Because User authentication on the Internet is difficult, MyWorkster cannot and does not confirm that each User is who they claim to be. Because MyWorkster does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release MyWorkster from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

California Residents

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Payment of Services upon Termination of Service Activation Agreement

If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then MyWorkster shall reserve the right to receive all payments from you for the Services used by you up to termination and for one hundred percent (100%) of the remaining unused portion of the Service Agreement.

Links to Other Sites

MyWorkster contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by MyWorkster of the contents on such third-party web sites. MyWorkster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Amendments to this Agreement and Changes to Sites

MyWorkster may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by MyWorkster unless MyWorkster agrees to them in a signed writing specifically including those new or different terms. MyWorkster may change the Sites at any time.

Indemnity

You agree to defend, indemnify, and hold harmless MyWorkster (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. MyWorkster shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Rules regarding Posting, Conduct and Security

Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

MyWorkster is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at MyWorkster's sole discretion.

Conduct Rules

  1. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
  2. You may not send unsolicited commercial email to Users.
  3. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify MyWorkster immediately of any unauthorized use of your registration and password.
  4. If at any time MyWorkster comes to the understanding that you: (i) misled MyWorkster regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, MyWorkster reserves the right to terminate your Agreement.

Security Rules

  1. Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation:
    1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mailbombing" or "crashing";
    4. sending unsolicited e-mail, including promotions and/or advertising of products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  2. Violation of these Security Rules may result in civil or criminal liability. MyWorkster will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Copyright Complaints

Notifying MyWorkster of Copyright Infringement: To provide MyWorkster notice of an infringement, you must email support@myworkster.com

Additional Terms in Connection with Use of Resume Database

If, in your Service Activation Agreement with MyWorkster, you are purchasing Resume Database access, the following additional terms apply to you:

MyWorkster grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the MyWorkster Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper resumes (collectively “Resumes”) solely for your use.

The Resume Database is to be accessed and used solely by you. Upon your successful registration for Resume Database subscription, you will be permitted to access the Resume Database. You may not provide your password or otherwise permit access to the Resume Database to any third party. 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).

You may not use the Resume Database in any way which, in MyWorkster's sole judgment, adversely affects MyWorkster's business, business prospects, the performance or function of any 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 MyWorkster Job Seekers.

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 MyWorkster's sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.

MyWorkster 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 MyWorkster Resume Database, MyWorkster does not convey any interest in or to the Resume Database or any other MyWorkster property or Services. All right, title and interest in and to the Resume Database is and shall remain in MyWorkster.

JOB SEEKER PRIVACY

Please review this Privacy Policy periodically as we may update it from time to time. Each time you visit the Sites or provide us with information, you are, by doing so, accepting the practices described in this Privacy Policy at that time. If we materially change our practices with regard to personal information collected under a prior privacy policy, we will endeavor to notify you and give you the opportunity to opt out of changes with regard to that previously collected information. You agree that by using the Sites you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described below.

All users should be aware, however, that when they choose to display or distribute personal information (such as their email address or resume) via the Sites or any other distribution method, that information can be collected and used by others. This may result in unsolicited messages from third parties for which MyWorkster is not responsible.

What You Should Know

MyWorkster cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. As a user of the Sites, you understand and agree that you assume all responsibility and risk for your use of the Sites, the internet generally, and the documents you post or access and for your conduct on and off the Sites.

Post a Resume

Posting your resume on the Sites puts you in front of thousands of employers with open positions each day. When you post your resume, we automatically create a registration for you using the email address and password that you supply. When you return to the Sites in the future you will use that same email address and password to access and edit your existing resume.

Resume Privacy

Posting your resume on the Sites puts you in front of thousands of employers with open positions each day. We know that our job seekers have varying levels of comfort when it comes to posting their resume on the Internet. MyWorkster gives you the most visibility to the broadest employer audience possible by making your resume searchable in our Resume Database. When you post your resume, any registered employer user who purchases access to the database can view your resume and contact details (to the extent you include them in your resume).

We attempt to limit access to our searchable resume database to legitimate users such as paying employers, recruiters, hiring managers, headhunters and human resource professionals, but cannot guarantee that other parties will not gain access to this database. We cannot control the use made of resumes by third parties who access such resumes while they are in our searchable database. You may remove your resume from our searchable database at any time. However, employers, recruiters and others who have paid for access to that database, as well as parties who have otherwise gained access to the database may have retained a copy of your resume in their own files or databases. We cannot control the retention, use or privacy of resumes or profiles that have been downloaded by third parties. Accordingly, you should not put information you would not want made public in your resume.

Deleting Your Resume
If you no longer wish to have your resume posted on the Site, email us at support@myworkster.com and we will remove it immediately.