TERMS & CONDITIONS
1. Accepting terms
a. CrossdalePaul’s Website (“Website”) and Services (“Services”) are provided subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice to you. Your use of the Services or the Website in any form, including, for example, a CrossdalePaul mobile interface or application, constitutes your agreement to be bound by these TOS without limitation or qualification.
b. In addition, when using particular Services provided by CrossdalePaul, such as direct upload Services, you may be bound by further terms or services specific to those Services, which may be posted and modified from time to time without notice to you. Such services may be provided through a third party, and may subject you to terms of service associated with that third party. All such terms and services are hereby incorporated by reference in their entirety
c. You can review or access the most current version of the TOS here.
d. If you are unwilling or unable to be bound by these TOS, do not use the CrossdalePaul Website or Services. Your continuing use of this site indicates that you warrant and represent that you are at least eighteen (18) years of age, or twenty one (21) in jurisdictions in which that is the age of majority, and have the legal capacity to enter into agreements of this nature.
3. Idea Submissions
a. By submitting ideas, suggestions, or proposals (“Idea Submissions”) to CrossdalePaul, you further agree that
i. The Idea Submissions do not include confidential or proprietary information;
ii. CrossdalePaul is not under any obligation of confidentiality with respect to the Idea Submissions;
iii. CrossdalePaul is entitled to use or disclose such Idea Submissions in any way;
iv. Your Idea Submissions automatically become the property of CrossdalePaul;
v. You are not entitled to compensation or reimbursement for your Idea Submission.
4. Content Submissions
a. The CrosdalePaul Website and Service may allow you to upload photos, resumes, cover letters, job orders, inquiries, and other information about yourself and/or the hiring organization you represent (“Content Submissions”).
i. You hereby grant CrosdalePaul a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up, and royalty free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, and commercialize, in any way now known or in the future discovered, any rights to the Content Submission. This includes any copyright and rights to your likeness associated therewith.
ii. You further represent and warrant that you are entitled to submit the Content Submission to CrossdalePaul, that information contained in the Content Submission is accurate, that you have the right to grant the license described, and that it is not in violation of any law, contractual restrictions, or other third party rights.
iii. You hereby hold harmless and release and forever discharge CrossdalePaul from all claims, demands, and causes of actions which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
5. Use of the Website and Services
a. You agree that the CrossdalePaul Website and Services may be used only for lawful purposes by individuals or hiring organizations seeking employment or to hire, and for career, employment, or hiring related information.
b. You agree not to exploit, for any commercial purposes, any portion of the CrossdalePaul Website or Services, including content, advertisements, or software. You further agree not to reproduce, duplicate or copy any such content, advertisements, or software.
c. You agree that information you submit to this website in the form of Content Submissions is accurate and complete, and that such information is not misleading. If you are submitting content on behalf of a hiring organization, rather than on your own behalf, you represent that you are authorized to do son on behalf of the hiring organization.
d. You further agree not to use the Website through any interface other than a web browser or an alternative interface provided by CrossdalePaul for use in accessing such Website.
e. You agree not to use a device, software, routine, or agent to interfere with the proper working of the Website or Services, or with any activity being conducted therein. This includes uploading viruses or worms, spamming, phishing, stalking, harassing, impersonating, bullying, and otherwise harming users.
f. You agree not to use a device, software, routine, or agent to impose a disproportionate load on the CrossdalePaul Website or Service. This includes various hacking attacks designed to overload the Website or Service. You further agree not to probe, scan, or test the vulnerability of the Website or Service to breach security or authentication measures employed therein.
g. You agree not to use a device, software, routine, or agent to navigate or search the Website or Service other than those provided by CrossdalePaul. This includes spiders, robots, or avatars. You may not implement automated or non-automated “scraping” of content from the Website or Service.
h. You agree not to use a device, software, routine, or agent to access data not intended for you, or to log into an account you are not otherwise authorized to access.
i. Notwithstanding the above, operators of public search engines are hereby granted revocable permission to access and copy materials from publicly available searchable indices of material, but not cached or archived materials.
6. Modifications of services
a. CrossdalePaul reserves the right to modify, suspend, or discontinue its services from time to time, temporarily or permanently. You agree that CrossdalePaul shall not be liable to you or any third party for any such modification, suspension, or discontinuance of services.
7. Content from advertisers and other third parties
a. CrossdalePaul provides access to third party resources through its Website content, Services, and advertisements shown on its Website and within the context of its Services. You agree that CrossdalePaul shall not be responsible or liable for any loss or damage of any sort incurred as a result of your dealings with, or the presence of, advertisers within the Website or Services. Your correspondence with, participation in promotions of, or contracts entered into with, advertisers or other listed third parties found within the context of the Website or Services are solely between you and the relevant third party. Accordingly, CrossdalePaul is not responsible for contracts created between you and third parties found on the Website or Services.
b. You further acknowledge and agree that CrossdalePaul, or third parties accessible through the Website or Services, may provide links to other websites or resources. You agree that CrossdalePaul is not responsible for the availability or content of such web sites or resources, and is not responsible or liable for any content, advertising, or products available on or from such websites or resources, nor is it responsible for any damage or loss caused by or in association with such websites or resources.
8. Use of Website is use of CrossdalePaul software
a. Use of the CrossdalePaul Website and Services may involve the use of proprietary CrossdalePaul data and software. CrossdalePaul hereby grants you a personal, non-transferable, and non-exclusive license to use the object code or its software on a single computer, provided that you do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to determine source code, sell, assign, sublicense, grant a security interest in, or otherwise, transfer any right in the software. You further agree not to modify the software in any manner, nor use modified versions of the software including for the purpose of obtaining unauthorized or duplicative access to services.
b. You further acknowledge that the CrossdalePaul Website and Services may use and implement software containing proprietary and confidential information protected by applicable intellectual property and other laws.
c. You agree that content contained in advertisements or information presented to you through the Website or Services may further be protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. Except as expressly permitted by applicable law, or as authorized by CrossdalePaul or the applicable third party content licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the Website or Services, such as content or software, in whole or in part.
a. You expressly agree that:
i. Your use of the CrossdalePaul Website and Services are at your own risk, and that such Services and Website are provided as is. CrossdalePaul expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Further, any material downloaded or otherwise obtained from the Website or Services are utilized at your own risk, and you waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or any loss of data that results from the download of any such material.
ii. The information incorporated into the CrossdalePaul Website and Services is offered for informational purposes only and the information provided on the web site may not be current or complete. Accordingly, CrossdalePaul makes no warranty that the Website and Services provided will meet your needs, will be uninterrupted, timely, secure, or error-free, and that the results that may be obtained will be accurate or reliable, or that products or services purchased or obtained through the CrossdalePaul Website or Services will meet your expectations, and that errors will be corrected in a timely manner. No statement obtained by you from CrossdalePaul shall create any warranty not expressly stated in the TOS.
iii. CrossdalePaul attempts to ensure the accuracy of the information as it is posted, but cannot guarantee that all of the information is accurate. CrossdalePaul has no responsibility for any third-party content referenced by the Website or Services or accessible through the Website or Services by hyperlink or otherwise.
iv. CrossdalePaul, together with its members, agents and employees, expressly disclaim any and all liability with respect to actions taken or not taken based, in whole or in part, upon the information provided in this web site and with respect to the disclosure of any personal information sent to the website or Services.
v. Some states or other jurisdictions do not allow the exclusion of implied warranties, and you may have other rights that vary from state to state or from jurisdiction to jurisdiction. Should you be a resident of a state or jurisdiction that requires a specific statement of release, you hereby waive any such provision of law in your state or jurisdiction. This includes a waiver of California Civil Code §1542 governing claims which are unknown at the time of the release, as well as any similar provision that has the same intent or effect as that provision.
vi. CrossdalePaul reserves the right to change the terms of this disclaimer by posting any revisions on the Website. In such event, your continued use of the Website or Services will be governed by the terms as so amended.
10. Limit of liability
a. You agree that CrossdalePaul shall not be liable to you for any damages, including loss of profits, goodwill, use, data or other intangible losses resulting from the use or the inability to use the Website or Services, the cost of procurement of substitute goods and services, unauthorized access to or alteration of your transmissions or data, and statements or conduct of any third party on the Website or within the context of the Services. This clause explicitly includes any damage due to hacking or any other misuse of the Website or Service.
b. You further agree that CrossdalePaul is not responsible to you for any damage caused as a result of events beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, embargoes, government orders, or any other force majeure event.
c. You agree to indemnify and hold harmless CrossdalePaul from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the CrossdalePaul Website and Services or your violation of the TOS.
11. Assorted terms
a. You agree that there is no third party beneficiary to this agreement.
b. You agree that this TOS, along with any other agreements referenced herein, constitutes the entire agreement between you and CrossdalePaul, and supersedes any prior version of the TOS.
c. This TOS is made under and shall be construed according to the laws of the state of New York.
d. You agree that any and all disputes, controversies or claims arising under this TOS shall be submitted to final and binding arbitration in New York, NY under the auspices and rules of the American Arbitration Association. If, however, a dispute arises that requires adjudication in court, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, NY.
e. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, the parties agree to give effect to the parties’ intentions as embodied in the provision, and the remaining provisions shall remain in full force and effect.
f. You agree that the failure of CrossdalePaul to enforce or exercise any provision or right of the TOS shall not constitute a waiver of such right or provision.