Terms & Conditions of Use
This website and its related applications, tools and services (collectively, the “Profiles Services”) are operated by Profiles Placement Services, LLC (along with its subsidiaries, “Profiles”) and these terms and conditions apply to all websites, applications, tools and services owned, operated, controlled and otherwise made available by Profiles (including, but not limited to, mirrored, co-branded and successor sites).
Profiles Placement Services, LLC is in the business of recruiting candidates for direct hire by its customers, for direct contract-based staffing for its customers and for providing managed services (including the cloud services available through the Profiles Services) for candidates, contract hires and customers.
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PROFILE SERVICES, REGISTERING TO USE ANY OF THE PROFILES SERVICES AND PRODUCTS, AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “PROFILES IP”).
Profiles IS WILLING TO PROVIDE YOU WITH ACCESS TO THe Profiles IP ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM Profiles IN CONNECTION WITH THE Profiles SERVICES AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services, or via a link on those pages or other directions to the additional terms and conditions AVAILABLE ON THE Profiles SERVICES (collectively, the “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS and conditions of this agreement, PROMPTLY CEASE USING THE Profiles services.
This Agreement represents a legally binding agreement among you, your representatives, and Profiles. Please be advised that the terms and conditions of this Agreement contain provisions that govern the handling of lawsuits (see “Warranty Disclaimer”, “Limitation of Liability”, “Arbitration” and “Jurisdiction” provisions below (among others)). It also contains a waiver of jury trial and an agreement to arbitrate which will, with limited exception, require you to submit claims you have against Profiles or Profiles’ agents to binding and final arbitration.
Authority
By accessing, subscribing, downloading and/or otherwise using the Profiles Services, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such individual or entity, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Profiles that may be publish from time to time.
If you are acting on behalf of a business entity, the principals of the entity hereby join in the entering into and execution of the terms and conditions of this Agreement for the purpose of guaranteeing the performance by you of your obligations under this Agreement.
Intellectual Property
The Profiles Services and the Profiles IP used by you in connection with the Profiles Services is owned and operated by Profiles and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2024 Profiles Placement Services, LLC. All rights reserved. The compilation and arrangement of all content, data and other information found within the Profiles Services and Profiles IP is also the sole and exclusive property of Profiles and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Profiles Services, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Profiles and its licensors and are fully protected under U.S. and international intellectual property laws.
Use of the Profiles Services and Profiles IP
Profiles will make available to you the Profiles Services in accordance with the terms and conditions set forth herein. Subject to these terms and conditions of this Agreement and any third party restrictions, Profiles grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Profiles IP to incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Profiles Services solely for your informational purposes and for your immediate, private, personal and non-commercial use; provided that you retain all Profiles copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by Profiles and Profiles disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Profiles IP, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Profiles IP, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Profiles IP, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Profiles IP in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Profiles, its third-party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use the Profiles IP to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using the Profiles IP; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Profiles IP; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Profiles Services or servers or networks connected to the Profiles Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Profiles Services; (xiv) “stalk” or otherwise harass another; (xv) collect or store personal data about other users and the Profiles Services content and or usage, including, without limitation, through the use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Profiles Services or any related data or information; nor (xvi) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Profiles Services and/or Profiles IP.
You agree not to access the Profiles Services and/or Profiles IP by any means other than through the interface that is provided to you by Profiles in its documentation.
By posting information or other materials on or within the Profiles Services or by making such information available for downloading by you, Profiles does not waive any proprietary right in and to the Profiles Services and Profiles IP (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Profiles IP except for the limited license expressly granted herein.
Submissions
Subject to any separate agreement between Profiles and you (including, but not limited to, any services, employment, or independent contractor agreement, collectively, “Services Agreement”) and/or Profiles’ Privacy Policy, resumes, any and all registration information, descriptions, designs, questions, answers, comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to Profiles through the Profiles Services or email (each a “Submission”) may be used by Profiles anywhere, anytime and for any reason whatsoever. You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submissions to Profiles, you hereby grant Profiles a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever whether now known or hereinafter becoming known unless otherwise subject to additional terms in a separate Services Agreement.
Subject to the terms and conditions of any Services Agreement between you and Profiles, any Submission you provide to Profiles, including, but not limited to, your resume and all resume information, will be deemed public information which Profiles may share with third parties, and is not subject to any confidentiality obligation and Profiles shall have no obligation to maintain its confidentiality.
By making a Submission and subject to the terms and conditions of any Services Agreement between you and Profiles, you waive the right to make any claim against Profiles or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, shareholders and successors and assignees related to the Submission, including, but not limited to, unfair competition, infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, (e) shall not create any liability for Profiles, and (f) will not conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify or cancel, or require any notice under any agreement or arrangement to which you are a party or are bound with a third party (including, but not limited to, any non-competes or exclusive representation agreements). You further represent and warrant that you have the right and authority to make any Submission. You also agree to maintain and promptly update your Submissions by means of the Profiles Services in order to keep that information true, accurate, current and complete.
Submission Disclaimer
Profiles does not and cannot review all Submissions posted to or created by users accessing the Profiles Services and is not in any manner responsible for the content, postings and/or communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Profiles Services, Profiles is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Profiles may monitor and review Submissions, Profiles assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, Profiles reserves the right to block or remove Submissions, communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, inaccurate, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another; (d) offensive or otherwise unacceptable to Profiles as determined in its sole discretion; or (e) violates the terms and conditions of this Agreement as determined in Profiles’ sole discretion.
Limitations on Internet & the Profiles Services
You acknowledge that Profiles may establish limits concerning use of the Profiles Services and Profiles IP, including, without limitation, the maximum number of days that Submissions will be retained by Profiles on the Profiles Services, the maximum number of transactions, e-mail messages, or other Submissions that may be transmitted or stored by the Profiles Services, and the frequency with which you may access the Profiles Services.
You agree that Profiles has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that Profiles reserves the right at any time to modify or discontinue the Profiles Services (or any part thereof) with or without notice, and that Profiles shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Profiles Services.
Electronic Delivery Policy and Your Consent
By using the Profiles Services, you consent to electronically receive from Profiles all communications including notices, agreements, legally required disclosures or other information in connection with the Profiles Services and Profiles IP (collectively, “Notices”). Profiles shall provide such electronic Notices by posting them on this Profiles Services, through a messaging system and/or other similar notification application and/or service. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of this Profiles Services.
Warranty Disclaimers
You access and use the Profiles Services and Profiles IP at your own risk. Except as otherwise expressly provided herein, the Profiles Services and Profiles IP is provided to you on an “as is” and “as available” basis. When using the Profiles Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Profiles and its suppliers. Except as otherwise expressly provided herein, to the fullest extent permissible pursuant to applicable law, Profiles disclaims all representations, guarantees and warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise. With respect to Third-Party Sites (as hereinafter defined), Profiles makes no representation and/or warranty on their behalf.
Without limiting the foregoing, Profiles does not represent or warrant that (a) the Profiles Services will be uninterrupted, timely, secure or error-free, (b) the defects in the Profiles Services and/or Profiles IP will be corrected, (c) the Profiles Services or the servers that operate the Profiles Services are free of viruses or other harmful components, (d) the data, results and information within the Profiles Services will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Profiles Services will meet your needs, requirements or expectations.
The advice, reviews, and/or feedback provided on the Profiles Services are merely opinions and shall not be construed as professional advice nor as providing any other warranty or representation (all of which are expressly disclaimed) regarding the subject matter thereof and/or the Profiles Services and Profiles IP.
Profiles may make changes to the Profiles IP (including the content) within the Profiles Services or to your Submissions, products or services described in it, at any time without notice to you. Further, Profiles assumes no liability or responsibility for any errors or omissions within the Profiles Services. The materials in the Profiles Services may be out of date or inaccurate, and Profiles specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the Profiles Services is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that Profiles shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Profiles and/or its suppliers. You acknowledge and agree that Profiles shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Profiles Services provided by any other user of the Profiles Services or any third-party licensors or suppliers of Profiles.
If any of the exclusions set forth in this section are determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Profiles Services, and no warranties shall apply after such period.
You further acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree Profiles will not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data you enter, examining and confirming results prior to use of data, and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
Disruptive Behavior
Harassment in any manner or form through the Profiles Services is strictly forbidden. Impersonation of others, including a Profiles employee or representative, as well as other customers, trading partners, or other users of the Profiles Services is prohibited. You may not upload to, distribute, send or otherwise publish through or within the Profiles Services any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Profiles’ then current policies). You may not upload commercial content on or within this Profiles Services or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Profiles Services; (b) use Internet Relay Chat (IRC) bots via this Profiles Services (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Profiles Services or the normal flow on this Profiles Services of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on the Profiles Services that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Profiles Services or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Profiles Services in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Profiles Services to access the accounts of others without permission; (j) attempt to penetrate security measures of Profiles or another entity, or obtain or bypass others’ passwords; and (k) engage in denial of service attacks (i.e., actions designed to impair network access by flooding the Profiles Services with useless traffic).
Limitation of Liability
NEITHER Profiles, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE Profiles SERVICES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Profiles SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE Profiles SERVICES, AND/OR PROFILES IP AND/oR YOUR HIRING BY PROFILES OR ITS CUSTOMERS WHETHER OR NOT Profiles HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL Profiles’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO Profiles FOR ACCESS AND USE OF THE Profiles SERVICES OR IN ALL OTHER CASES TEN DollarS ($10.00).
Access to the Profiles Service and Profiles IP
You shall be responsible for obtaining access to the Profiles Services and/or Profile IP and for all equipment necessary to access the Profiles Services and/or Profile IP and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting to the Profiles Services and/or Profile IP, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Profiles Services and/or Profiles IP and to select a unique username and password in order to be able to access your account and use parts of the Profiles Services. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Profiles in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your username and password via email to accounting@careerprofiles.com.
Security
The Profiles Services and/or Profile IP reside on the public Internet. Profiles uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Profiles and any information stored on servers controlled by Profiles. Notwithstanding these efforts, Profiles cannot guarantee the confidentiality and security of such electronic communications and the devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not directly or indirectly: (a) violate or attempt to violate the security of the Profiles Services and/or Profile IP; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Profiles Services and/or Profile IP, overloading, “flooding,” “mailbombing” or “crashing” the Profiles Services. Violations of system or network security may result in civil or criminal liability. Profiles reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
Indemnification
You agree to indemnify, defend, and hold harmless Profiles, its affiliates, agents, vendors, distributors, licensors, suppliers, successors and assignees and their officers, directors, and employees from and against any and all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes (whether federal, state, local, or foreign), liens, losses, expenses, and fees, including, without limitation, court costs and reasonable attorneys’ fees and expenses, resulting from (a) any third party claim, (b) any violation of the terms and conditions of this Agreement, (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (d) your use of (or inability to use) the Profiles Services and/or Profiles IP, and (e) any use of your Submission by Profiles or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
Content Disclaimer
The user content (including any blogs), quotations and other editorial content displayed on and through the Profiles Services are provided “as is” with no warranties and are solely the opinion of the author and do not necessarily reflect the opinions of Profiles.
Termination
Subject to the terms and conditions of any Services Agreement, you agree that Profiles, in its sole discretion, may terminate this Agreement at any time and/or suspend your access to and use of the Profiles Services and/or Profiles IP (or any parts thereof) at any time and for no or any reason whatsoever. Profiles reserves the right at any time to modify or discontinue, temporarily or permanently (in which case, subject to the terms of the Services Agreement, if any) your access to and use of the Profiles Services and/or Profiles IP (or any parts thereof) without notice. You agree that Profiles shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of, or access to, the Profiles Services and/or Profiles IP. Your obligations under this Agreement shall continue even after Profiles has terminated and/or cancelled your access to the Profiles Services and/or Profiles IP.
Miscellaneous Provisions
Additional Fees
You shall immediately notify Profiles in writing if you know or have reason to believe that Profiles has been or will be required, as a result of activity arising out of or related to this Agreement or your use of the Profiles Services and/or Profiles IP by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist Profiles in Profiles’ attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by Profiles in complying with any such directive, including, but not limited to, attorneys’ fees and Profiles’ attorneys’ fees for representation and advice, travel and lodging expenses that are incurred by Profiles in responding to such matters.
Order of Preference
This Agreement governs your use and access to the Profiles Services and/or Profiles IP. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Profiles, including, without limitation, any Services Agreement. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Profiles Services, conflicts with any provision of your other agreements with Profiles, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Services & Websites
The Profiles Services contains links to other services and websites (“Third-Party Sites”) controlled or offered by third parties (non-affiliates of Profiles). Profiles is not responsible for the content, accuracy or opinions expressed on such Third-Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Profiles. Profiles hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third-Party Sites. By creating a link to Third-Party Sites, Profiles does not endorse or recommend any products or services offered or information contained at Third-Party Sites, nor is Profiles liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Profiles and Third-Party Sites may provide less security than Profiles.
Revisions and Consents
Profiles reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever without any notice. Profiles also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Profiles Services and/or Profiles IP. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Profiles Services and/or Profiles IP or via electronic notice as described above. By continuing to access this Profiles Services and/or Profiles IP, you acknowledge and agree that you shall be bound by such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
Forward-Looking Statements
Profiles may make forward-looking statements concerning Profiles’ future performance. Such statements are subject to risks and uncertainties that may cause Profiles’ actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Profiles undertakes no obligation to update publicly or revise any such statements. Factors that could cause Profiles’ actual financial and other results to differ materially from those projected by Profiles in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.
Entire Agreement
This Agreement (along with any Services Agreement) constitute the entire agreement between you and Profiles with respect to the subject matter addressed herein, and govern your access to, and use of, the Profiles Services and Profiles IP, superseding any prior agreements between you and Profiles relating to such subject matter, but this Agreement may be supplemented by any other agreement between you and Profiles.
Arbitration
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore, Maryland in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
Attorney Fees
Should any suit be commenced to enforce Profiles’ rights and in the event Profiles is successful, you agree to pay Profiles’ expenses and attorney’s fees incurred.
Trademarks
Any and all trademarks displayed within the Profiles Services and/or Profiles IP are owned by Profiles, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
Confidentiality
Subject to any Services Agreement, at all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Profiles. “Confidential Information” means any type of information or material disclosed by Profiles that is unique, confidential or proprietary to Profiles or its licensors related to the business or activities of Profiles that are not generally known to others engaged in similar businesses or activities including, without limitation, information which relates to research, development, trade secrets, know-how, inventions, invention records, technical data, computer software, programming, concepts, designs, drawings, procedures, processes, equipment, reports, manuals, documentation, manufacture, purchasing, accounting, engineering, marketing, merchandising and selling, pricing, customer lists, business plans or strategies, third party information in Profiles’ possession, all parts of the Profiles Services and/or Profiles IP and any other materials or information whether in written, digital, oral or other form.
Privacy Policy
Profiles realizes that you are concerned about how the information you provide online will be used. Profiles has a Privacy Policy that discloses what information Profiles collects about you, how Profiles uses such information, the steps Profiles takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available through the Profiles Services and is incorporated herein by this reference. Please read our Privacy Policy for more details. A copy of Profiles’ current Privacy Policy can be found at https://www.careerprofiles.com/privacy-policy/.
Jurisdiction
This Agreement is executed in the State of Maryland and shall be governed by, and interpreted in accordance with, the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. Except as otherwise provided herein, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related this Agreement and/or your use of the Profiles Services and/or Profiles IP, must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitations which otherwise may apply. Subject to the foregoing arbitration terms and conditions, you agree that the exclusive jurisdiction for any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, shall be the state courts located in the State of Maryland or the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Profiles Services and/or Profiles IP.
YOU WAIVE ALL RIGHTS TO TRIAL BY JURY OF ANY CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU ACKNOWLEDGE THAT THIS IS A WAIVER OF A LEGAL RIGHT AND REPRESENT THAT YOUR WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AFTER CONSULTATION WITH COUNSEL OF YOUR CHOICE. TO THE EXTENT APPLICABLE, YOU AGREE THAT ALL SUCH CLAIMS SHALL BE TRIED BEFORE A JUDGE OF A COURT HAVING JURISDICTION WITHOUT A JURY.
Applicability of Content
The servers supporting the Profiles Services and/or Profiles IP are operated in the United States of America, and Profiles makes no representation that the content provided through the Profiles Services are applicable or appropriate for use in jurisdictions other than the United State of America. If you access the Profiles Services from outside of the United States America, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Profiles Services and/or Profiles IP, you may not view or use the Profiles Services and/or Profiles IP.
Profiles Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, Profiles has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement related to the Profiles Services and/or Profiles IP. Profiles respects the intellectual property of others and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Profiles’ Intellectual Property Agent the following information (the “IP Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Profiles Services and/or Profiles IP; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the applicable intellectual property owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your IP Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Profiles’ Agent for transmitting the IP Notice for claims of copyright or other intellectual property right infringement can be contacted at: accounting@careerprofiles.com
c/o DMCA Agent
Profiles Placement Services, LLC
United States
General Provisions
In the event any provision (or any part of any provision) contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision (or remaining part of the affected provision) of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision (or part thereof) had never been contained herein, but only to the extent such provision (or part thereof) is invalid, illegal, or unenforceable.
Profiles’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.
Profiles may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Profiles.
This Agreement does not create any agency, employment, partnership or joint venture between you and Profiles.
The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Print this Agreement
You acknowledge that you have read this Agreement and have had an opportunity to consult with an attorney. For record keeping purposes, Profiles encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the Profiles Services and Profiles IP have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Updated: January 01, 2024
