Cresthire.com may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
You must be 13 years of age or older to visit or use any Monster Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Site under the supervision of a parent, legal guardian, or other responsible adult.
Certain Definitions. The following definitions apply to this Agreement:
"Cresthire.com Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
"Cresthire.com Web Site" or the "Site" (collectively, the "Cresthire.com Websites" or the "Sites") means any web site under Cresthire.com's control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Cresthire.com Materials and Services (as applicable in each context).
"Content" includes all Text, Graphics, Design and Programming used on the Sites.
"Document" refers to any posting to a Site, whether job or resume.
"Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
"Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
"Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
"Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
"Services" means any services provided by Cresthire.com or its agents described herein and specified more fully in the Service Activation Agreement.
"Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
"User" refers to any individual or entity that uses any aspect of the Sites.
"You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions
Intellectual Property Rights and Acceptable Use of the Sites and Services.
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 Cresthire.com's intended and acceptable use of the Sites. Cresthire.com is the sole interpreter of the Sites' intended and acceptable use.
Cresthire.com Intellectual Property Rights. The Sites, the Cresthire.com Materials and all right, title and interest in and to the Sites and Cresthire.com Materials are the sole property of Cresthire.com or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Cresthire.com reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Cresthire.com Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Cresthire.com on such Cresthire.com Sites and other than generally available third party web browsers (e.g., Internet Explorer, Chrome, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Cresthire.com Sites, without the express written consent of Cresthire.com. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Cresthire.com design logo and certain other names or logos are service marks or trademarks of Cresthire.com, and all related product and service names, design marks and slogans are the service marks or trademarks of Cresthire.com. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Cresthire.com's trademarks, service marks and copyrights. Any code that Cresthire.com creates to generate or display the Content or the pages making up the Sites is also protected by Cresthire.com's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Cresthire.com Materials on any authorized copy you make of the Content or Cresthire.com Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
License to Use by Users who are Job Seekers. Cresthire.com 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. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. 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. Cresthire.com 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. Cresthire.com 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. Cresthire.com also grants you a limited, terminable, non-exclusive license to use the Cresthire.com 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 Cresthire.com to any third party without the express written authorization of Cresthire.com. 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. Cresthire.com reserves the right to suspend or terminate your access and use at any time if Cresthire.com determines that you are in breach of these Terms and Conditions.
By using the Services, you understand and agree that Cresthire.com may rely on the above Eligibility Conditions representations and warranties as true. You further understand and agree that Cresthire.com may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Services. In addition, you understand and agree that you must immediately discontinue use of the Services if at any time you no longer meet the Eligibility Conditions.
You understand and agree that Cresthire.com does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further agree that Cresthire.com is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Services by Users who do not meet the Eligibility Conditions. You understand that you are solely responsible for obtaining the appropriate criminal records checks and obtaining references and you agree to make your own evaluations, decisions and assessments about whether to engage other Users to perform services, accept any engagements offered by other Users or otherwise interact with other Users. If Cresthire.com becomes aware of violations to the Eligibility Conditions by you or any other User, it may suspend and/or terminate your or such User's membership with or without notice in its sole discretion. If your membership is suspended and/or terminated, you agree to make no further use of the Services after termination or during suspension. Cresthire.com expressly disclaims, and you expressly release Cresthire.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to: (A) any inaccuracy, untimeliness or incompleteness of a User's representations regarding or compliance with the Eligibility Conditions; (B) any inaccuracy, untimeliness or incompleteness of information in any of the Consumer Reports (defined below); and/or (C) misstatements and/or misrepresentations made by any Users.
Consumer Reports. Cresthire.com may utilize or make available to Users through the Services third party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification authentications ("Consumer Reports"). Cresthire.com does not provide, and is not responsible or liable in any manner for, the Consumer Reports, and it does not endorse or make any representations or warranties regarding the reliability of such Consumer Reports or the accuracy, timeliness or completeness of any information in the Consumer Reports. Nor does Cresthire.com independently verify information in the Consumer Reports.
By using the Site or Services as a Care Seeker or an agency that employs Care Providers or a Care Provider, you hereby acknowledge and agree that Cresthire.com has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its users ("Internal Background Checks"). Cresthire.com may order these checks when you register with Cresthire.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
These Internal Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that Cresthire.com may review the information provided by the third party consumer reporting agency and that Cresthire.com retains the right to terminate your Cresthire.com registration based on the information it receives from these checks, even if such information was subsequently dismissed. If Cresthire.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Cresthire.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Cresthire.com) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW CRESTHIRE.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CRESTHIRE.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
Account Security. You are responsible for maintaining the confidentiality of passwords and account information for the Services and you are fully responsible for all activities that occur under your account. You agree to immediately notify Cresthire.com of any unauthorized use of accounts or any other breach of security.
Payment and Refund Policy. In order to utilize some Cresthire.com Services or product offerings, the user of such Services or product offerings must pay Cresthire.com either a recurring subscription or one-time fee. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
A) Billing and Payment. If you sign up for a Cresthire.com paid membership subscription, you agree to pay Cresthire.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Cresthire.com to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Cresthire.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Cresthire.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Cresthire.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
B) Automatic Subscription Renewal and Cancellation. Cresthire.com paid membership subscriptions will continue indefinitely until cancelled by the user. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, unless otherwise provided at the time you subscribed. If you sign up for a payment plan that allows you to be charged monthly over the subscription period and you decide to cancel your subscription during the subscription period, you acknowledge and agree that you will continue to be billed for the subscription on a monthly basis until its originally scheduled expiration date.
You may cancel your paid membership subscription by adjusting your account settings. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
C) Refund Policy. Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i) you cancel your subscription within thirty (30) days after the most recent charge, and (ii) you have not used your subscription during the current renewal period. The refund will apply to the most recent charge only. In addition, Cresthire.com reserves the right to immediately downgrade or cancel your membership after payment of your refund. Cresthire.com does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
D) Free Trial Offers. Cresthire.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Cresthire.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, after the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. If a user does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must cancel their subscription within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider's credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
Modifications to the Site. Cresthire.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services and/or any information, materials or content provided through the Services with or without notice to you. You agree that Cresthire.com shall not be liable to User or any third party for any modification or discontinuance of the Services or any portion thereof.
Assumption of Risk. You assume all risks when using the Services, including without limitation all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
Indemnity. You agree to defend, indemnify and hold harmless Cresthire.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
No Warranty. CRESTHIRE.COM DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRESTHIRE.COM OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CRESTHIRE.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
CRESTHIRE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE CRESTHIRE.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CRESTHIRE.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, EXCEPT WERE PROHIBITED BY LAW, WILL CRESTHIRE.COM BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THE CONDUCT OF ANY USER IN ANY WAY USING OR HAVING USED THE SERVICES, AND/OR ON OR OFF THE SITE. THIS INCLUDES WITHOUT LIMITATION ANY AND ALL BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, AS WELL AS ANY DAMAGES RESULTING FROM ANY USER'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR OBTAINED THROUGH THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, INCLUDING CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
UNDER NO CIRCUMSTANCES, EXCEPT WHERE PROHIBITED BY LAW, WILL CRESTHIRE.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE SITE OR SERVICES, REMOVAL OF CONTENT FROM THE SITE, INCLUDING PROFILE INFORMATION, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY TERMINATION OF YOUR SUBSCRIPTION OR ABILITY TO ACCESS THE SITE OR SERVICES, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CRESTHIRE.COM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF CRESTHIRE.COM TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, EXCEPT WHERE PROHIBITED BY LAW. IF YOU HAVE NOT PAID CRESTHIRE.COM FOR THE USE OF THE SERVICES, THE AGGREGATE LIABILITY OF CRESTHIRE.COM TO YOU WILL NOT EXCEED $100.00.
This document was last updated on February 21, 2014