ascendion.com

Understanding your rights and responsibilities as a ascendion user

This page states the Terms of Use ("Terms") under which you ("You") may use the ascendion Sites and the Services (each as defined below). These Terms include the ascendion Privacy Policy, which is incorporated into these Terms by reference.

These Terms constitute a binding agreement between You and ascendion, Inc. or the ascendion company operating the Web site for the country in which You live or in which business is headquartered (“ascendion”), and are deemed accepted by You each time that You use or access any ascendion Site or ascendion Services. If You do not accept the Terms stated here, do not use the ascendion Sites and the ascendion Services.

The ascendion Sites are defined as any Web sites under ascendion’s control, whether partial or otherwise and include the ascendion Services. The ascendion Services are defined as the applications and services offered by ascendion, including an on-line service to post and search employment opportunities (collectively, “ascendion Services”). In addition, ascendion may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

ascendion 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.

Users who violate these Terms may have their access and use of the ascendion Sites suspended or terminated, at ascendion’s discretion.

You must be 18 years of age or older to visit or use any ascendion Site in any manner.

You may not use the ascendion Content or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.

1. Use of ascendion Content.
ascendion authorizes You, subject to these Terms, to access and use the ascendion Sites and the ascendion Content (as defined below) and to download and print a single copy of the content available on or from the ascendion Sites solely for Your personal, non-commercial use. The contents of the ascendion Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other ascendion content (collectively, "ascendion Content"), are protected under copyright, trademark and other laws. All ascendion Content is the property of ascendion or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the ascendion Sites is the exclusive property of ascendion and is protected by copyright, trademark, and other laws. Unauthorized use of the ascendion Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original ascendion Content on any authorized copy You make of the ascendion Content.

Any code that ascendion creates to generate or display any ascendion Content or the pages making up any ascendion Site is also protected by ascendion's copyright and You may not copy or adapt such code.

You agree not to sell or modify the ascendion Content or reproduce, display, publicly perform, distribute, or otherwise use the ascendion Content in any way for any public or commercial purpose, in connection with products or services that are not those of the ascendion Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ascendion or its licensors, that dilutes the strength of ascendion's or its licensor’s property, or that otherwise infringes ascendion's or its licensor’s intellectual property rights. You further agree to in no other way misuse ascendion Content. The use of the ascendion Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that ascendion creates to generate or display any ascendion Content or the pages making up any Application or Service is also protected by ascendion's copyright and you may not copy or adapt such code.

2. Use of the ascendion Services.
The job posting, resume database (“ascendion Resume Database”) and other features of the ascendion Sites may be used only by individuals seeking employment and/or career information. In addition, ascendion Networking and Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the ascendion Services is also subject to any other contracts You may have with ascendion. In the case of any conflict between these Terms and any contract you have with ascendion, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a ascendion Site.

All ascendion Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation ascendion Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of ascendion’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on any ascendion Site's infrastructure;
(c) use any device to navigate or search any ascendion Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by ascendion;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any ascendion Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any ascendion Site;
(h) aggregate, copy or duplicate in any manner any of the ascendion Content or information available from any ascendion Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any ascendion Content or information available from any ascendion Site, unless permitted by these Terms;
(j) defer any contact from an employer to any agent, agency, or other third party;
(k) harass, incite harassment or advocate harassment of any group, company, or individual;
(l) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(m) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any ascendion Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(n) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(o) use the ascendion Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by ascendion’s discretion.

Violations of system or network security may result in civil and/or criminal liability. ascendion 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.

3. ascendion's Liability.

The ascendion Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. ascendion does not screen or censor the listings, including Profiles offered. ascendion is not involved in, and does not control, the actual transaction between employers and candidates. As a result, ascendion is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and ascendion makes no representations about any jobs, resumes or User Content on the ascendion Sites. While ascendion reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the ascendion Sites from time to time, ascendion does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
The ascendion Sites and the ascendion Content may contain inaccuracies or typographical errors. ascendion makes no representations about the accuracy, reliability, completeness, or timeliness of any ascendion Site or the ascendion Content. The use of all ascendion Sites and the ascendion Content is at Your own risk. Changes are periodically made to ascendion Sites and may be made at any time. ascendion cannot guarantee and does not promise any specific results from use of any ascendion Site. No advice or information, whether oral or written, obtained by a User from ascendion or through or from any ascendion Site shall create any warranty not expressly stated herein.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."
If You believe that something on the Site violates these Terms please contact our Legal Department:

Attn: Legal Department
25 Airport Road
Morristown, NJ 07960

If notified of any content or other materials which allegedly do not conform to these Terms, ascendion may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. ascendion has no liability or responsibility to Users for performance or nonperformance of such activities.

4. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ascendion DOES NOT WARRANT THAT ANY ascendion SITE OR ANY ascendion SERVICES WILL OPERATE ERROR-FREE OR THAT ANY ascendion SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ascendion SITE OR THE ascendion CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, ascendion IS NOT RESPONSIBLE FOR THOSE COSTS. THE ascendion SITES AND ascendion CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ascendion, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ascendion MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ascendion CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

5. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL ascendion, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ascendion SITE BE LIABLE FOR ANY 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 THE USE OR INABILITY TO USE ANY ascendion SITE AND THE ascendion CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ascendion IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ascendion'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ascendion SITE OR YOUR USE OF THE ascendion CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

7. Links to Other Sites.The ascendion Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ascendion of the contents on such third-party Web sites. ascendion 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.

8. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any ascendion Site.

9. Indemnity.
You agree to defend, indemnify, and hold harmless ascendion, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ascendion Site, (ii) Your use of any ascendion Content, or (iii) Your breach of these Terms. ascendion shall provide notice to You promptly of any such claim, suit, or proceeding.

10. General.

ascendion makes no claims or representations that the ascendion Content may be lawfully viewed or accessed outside of the United States. Access to the ascendion Content may not be legal by certain persons or in certain countries. If You access any ascendion Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any ascendion Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Morristown, New Jersey. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, ascendion’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ascendion’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the ascendion Sites, a particular "Legal Notice," or software license or material on particular pages on the ascendion Sites, these Terms constitute the entire agreement between You and ascendion with respect to the use of the ascendion Sites. No changes to these Terms shall be made except by a revised posting on this page.

11. Mobile Services
If You use the ascendion Sites through a mobile device, You agree that information about Your use of the ascendion Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the ascendion Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the ascendion Sites using a mobile device, You represent that to the extent You import any of Your ascendion data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your ascendion account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the ascendion Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the ascendion Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the ascendion Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.

12. Term and Termination
These Terms will remain in full force and effect while You are a User of any ascendion Site. ascendion reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the ascendion Sites and immediate termination of Your registration with or ability to access the ascendion Sites and/or any other services provided to You by ascendion, upon any breach by You of these Terms or if ascendion is unable to verify or authenticate any information You submit to a ascendion Site registration. Even after You are no longer a User of the ascendion Sites, certain provisions of these Terms will remain in effect.