Updated 5/4/2017

 


General Terms


Cookie Policy


Privacy Policy


Speciallist Ads Program Terms 


Job Posting Guidelines


speciallist Terms of Service Introduction


speciallist General Terms of Service


some way to indicate that we are not responsible for # of views, quality of views, responses, and we only do single relay etc


General Terms


By using this site, you agree to the following Terms of Service.



  • Accuracy and of Information. All information contained on this website is provided “as-is” and speciallist Inc. (“speciallist”) accepts no liability for the accuracy of such information


  • Modification of Agreement: speciallist reserves the right to revise the terms of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.

  • Limitation of Liability. You agree that Speciallist’s entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. Speciallist disclaims any and all loss or liability resulting from, but not limited to: (1) access delays or access interruptions; (2) data non-delivery or data miss-delivery; (3) acts of God; (4) the unauthorized use or misuse of your account information, username, or password; (5) interruption of service to your web site or email service. Speciallist is not liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action, whether in contract, tort (including negligence), or otherwise. In no event shall our maximum liability exceed one hundred ($100.00) dollars.


  • Indemnity. You agree to release, indemnify, and hold speciallist, our contractors, agents, employees, officers, directors, and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of the services.


  • Severability. The Terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.


  • Entire Agreement. This Agreement and the rules and policies published on our site constitute the complete and entire agreement between you and Speciallist regarding our services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent.





Cookie Policy


By using or accessing the Website, you are consenting to speciallist’s use of Cookies as follows:


This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not.  Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:



  1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.


  2. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.


  3. Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that speciallist referred to a third party website. These third party partner websites receive credit for the activity of users they refer to our Website, or give speciallist credit for the activity of users referred to such third party websites. We do not share any personal information or information about individual user activities with these partner entities.


Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.


Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your speciallist web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and speciallist’s job seeker web beaconPlease check the browser’s cookie settings support pages to confirm the most up-to-date instructions.


Google Chrome



  • Click the settings icon on the browser toolbar (three stacked lines)

  • Select ‘Settings’

  • Click ‘Show advanced settings’

  • In the “Privacy” section, click the ‘Content settings’ button

  • To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’

  • To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’

  • Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google:https://support.google.com/chrome/answer/95647


Mozilla Firefox



  • Click the menu button (three stacked lines) and choose ‘Preferences’

  • Select the Privacy panel

  • Set ‘Firefox will:’ to ‘Use custom settings for history’

  • To enable cookies: Check ‘Accept cookies from sites’

  • To disable cookies: Uncheck ‘Accept cookies from sites’

  • Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences


Safari on OSX



  • Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option

  • Click on ‘Privacy’

  • To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference

  • To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’

  • Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214


Opera



  • From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)

  • Click ‘Advanced’

  • Under “Cookies”, select an option for handling cookies

  • To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference

  • To disable cookies: Check ‘Never accept cookies’

  • Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software:http://www.opera.com/help/tutorials/security/privacy/


Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0



  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’

  • In the options window navigate to the ‘Privacy’ tab

  • To enable cookies: Set the slider to ‘Medium’ or below

  • To disable cookies: Move the slider to the top to block all cookies

  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies


Microsoft Internet Explorer 11 for Windows 10



  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’

  • In the options window navigate to the ‘Privacy’ tab

  • To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences

  • To disable cookies: Choose ‘Block’

  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies


Microsoft Edge



  • Click on ‘More’ and choose ‘Settings’

  • Under “Advanced settings”, select ‘View advanced Settings’

  • Under “Privacy and services – Cookies”, choose the option you want.

  • ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.

  • Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10-microsoft-edge-privacy-faq


If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies.


speciallist may also provide an employer with code for a Conversion Tracker to place on its website that pings the job seeker web beacon and tracks whenever a job seeker has applied to a job on that employer’s website. This Conversion Tracker will attribute an application to speciallist any time the job seeker started their search on speciallist, despite any intervening activity. speciallist does not and cannot collect any of the job seeker’s personally identifiable information and does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies speciallist that a job seeker has applied..


You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.


speciallist marketing service providers..


Changes To Our Cookie Policy


From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.


Privacy Policy



  1. Introduction


speciallist values the trust our users and customers place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information.


speciallist has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to speciallist when you access or use speciallist’s online and/or mobile services and websites, and software provided by speciallist on or in connection with such   services or websites (collectively, the “Site”). “speciallist” or “we” means speciallist Inc. if you are located in the United States, and speciallist Ireland Operations Limited if you are located elsewhere.


This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) speciallist may amend this Privacy Policy at any time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If speciallist is going to use Personal Information  (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then speciallist will notify users via email and/or by posting a notice on speciallist’s Site for 30 days prior to such use or by other means as required by law.



  1. Information Collected


When you create an speciallist account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). . In each such instance above, you will know what data we collect through the Site, because you actively submit it. 


In addition, as part of the standard operation of the Site, speciallist may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. speciallist reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. speciallist will store this information on its equipment or the equipment of third parties that speciallist has a relationship with for that purpose. If you create an speciallist account, information may be collected under your account email address.


If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. speciallist may create and assign to your device an identifier that is similar to an account number. We may collect the, device type,country, and any other information you choose to provide, such as user name, geolocation or email address



  1. Limitation of Use or Disclosure of Personal Data


Employers may disable an account, however Speciallist must preserve business records pertaining to that account to comply with its obligations under law. If a Job Seeker wants to delete a job application performed on Speciallist’s site, they will need to contact the prospective Employer directly to request deletion of their application. For job applications which you, the Job Seeker submit through Speciallist to an employer, (with related materials submitted), please note that your applications and materials may be controlled by an employer and we may direct you to that employer for personal data deletion requests



  1. Uses and Disclosures of Information


We may use any information collected pursuant to this Privacy Policy, including information that identifies you as a specific individual (“Personal Information”), for the purposes set forth in this Paragraph 4 and Paragraphs 5, 6, and 10 below. speciallist uses such information to provide our services and features to you, including to provide employer information to you, to measure and improve those services and features, and to provide you with customer support.


For example, speciallist uses your previous search and browsing history (e.g. the jobs you click on) to determine relevant search results and provide you with recommended jobs. speciallist may also provide information collected pursuant to this Privacy Policy, including Personal Information, to employers that may be interested in contacting you. By applying to a job, providing your contact information to show interest in a job, or by replying to a message from an employer, you consent to the disclosure of your information to that employer.


speciallist may also use information collected pursuant to this Privacy Policy to prevent potentially illegal activities and activities that are detrimental to you or others. speciallist may investigate and disclose information from or about you or your use of speciallist if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process (including subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or (c) may protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet  national security requirements. speciallist is subject to the investigatory and enforcement powers of the Federal Trade Commission or other investigatory bodies of the United States.


We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. We provide email proxy and relay services to the users of our speciallist products, including but not limited to: speciallist Resume, Saved Searches, speciallist Apply, and Post a Job. These email proxy and relay services depend on the functionality of third party providers. We monitor, review, store and analyze your content (including your resumes, cover letters, applications, messages, responses, offer letters and other materials) that you send, store or receive, including via automated means and otherwise, for data analysis, quality control, and to refine the Site or any other speciallist product or service (including to provide better search results and other listings for job seekers and employers, provide you with personally relevant product features, and to prevent fraud and reduce unwanted mail).


Any information shared by you with speciallist may be shared with or transferred to any speciallist affiliated


Transfer of Data to Third Parties


We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. These third parties may include (but are not limited to) service providers and vendors.


In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries.. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. You may also use certain third-party sites or services that you link to from speciallist’s Site. In such cases, all information you provide to a third party is provided to that third party and not to speciallist, and is subject to the third party’s privacy policy and terms of service. Please see the section below titled Links to Third-Party Sites for more information.


speciallist may use your IP address and mobile device information to help diagnose problems with speciallist’s service and to administer the Site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). speciallist may maintain   (as permitted by applicable law) information collected from you pursuant to this Privacy Policy following any termination of your relationship with speciallist. speciallist may also delete such information as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, speciallist will use such information only for the purpose of processing the payment. speciallist may also aggregate your data with other data, for the purposes set forth above.



  1. Contact and Resume Information


When you give speciallist contact information (such as your name and email address) and demographic information, you agree that speciallist may utilize this information as set forth herein. You agree that speciallist may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third partythrough your speciallist account or through other means such as email, telephone (including mobile phone), or postal mail,through the use of contact information that you may provide to Speciallist or that Speciallist may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, speciallist or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about speciallist, including promotional materials. speciallist may use demographic and/or profile data to tailor your experience on the Site, show you content that speciallist thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to Job Seekers who may want to contact you, to search engines, or to the general public by posting your Personal Information on the internet.


You acknowledge that speciallist may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other speciallist product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with speciallist and for whom speciallist has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. You may opt out of this feature on a going forward basis by editing your Privacy Settings; however, speciallist does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information. speciallist reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of speciallist’s services. At your direction, speciallist may also send your resume to third parties if you choose to apply for a job listing.



  1. Additional Uses and Disclosures of Non-Personal Information


In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use and disclosure, for any purpose, any information that does not identify you as a specific individual (“Non-Personal Information”), except where we are required to do otherwise under applicable law. Such Non-Personal Information may include, for example and without limitation: MAC addresses and other device identifiers; IP addresses; pixel tags and similar technologies; physical location information; and demographic information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include Personal Information that has been aggregated or deidentified. If we combine any Non-Personal Information with Personal Information (such as combining your ZIP code with your name), then we will only use and disclose such combined information for the purposes described in this Paragraph 6 and Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat Non-Personal Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information.



  1. Security


speciallist seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under speciallist’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. 8. Cookies


“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Please see our cookie policy for further information regarding speciallist’s use of Cookies.



  1. Links to Third-Party Sites


The Site may make available links to other websites. When you click on such links, you may leave our Site.The Site may also make available Company Pages, which may contain information provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.



  1. Acquisitions and Other Reorganizations


Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any change of ownership or control in speciallist’s business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), and any such information may be used by such third party in accordance with this Privacy Policy.


11Reserved



  1. Do Not Track Requests

  2. Opting Out


If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt out of receiving such marketing related messages by sending an email to optout @ specialist.com.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable.



  1. Independent Dispute Resolution

  2. General Inquiries and Complaints


You may contact speciallist, Inc. at 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and you may contact speciallist Ireland Operations Limited at 124 St. Stephen’s Green, Dublin 2, Ireland; or you may contact either company via our Site contact form.


speciallist Terms of Service Introduction


Last Updated: September 26, 2016


When you access or use speciallist’s online and/or mobile services and websites, including any speciallist mobile application (collectively the “speciallist Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of speciallist on or in connection with such services or websites (collectively, the “Site”), , or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service of the Agreement..


The Site is made available for use by individuals seeking employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”), and by individuals and/or organizations seeking to participate in the speciallist Publisher Program (“Publishers”). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.


We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.


This Agreement hereby incorporates by this reference any additional terms and conditions posted by speciallist through the Site, or otherwise made available to you by speciallist. In particular:



  • If you access or use the speciallist Resume Program, you are agreeing to be bound by the 

  • If you access or use the speciallist Publisher Program, you are agreeing to be bound by the 

  • For all other uses of the Site, you are agreeing to be bound by the speciallist General Terms of Service


speciallist General Terms of Service



  1. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

  2. Job Listings


speciallist may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through speciallist’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom speciallist exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. speciallist does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. speciallist assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that speciallist may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by speciallist, and are not a direct reflection of the actual Job Listing.


1(a) 


1(b) If you are an Employer, when you create an speciallist account or post a Job Listing on the Site, you agree that this Agreement and all of speciallist’s policies, including the speciallist Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Sites or indicating an interest in such Job Listings.    1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, speciallist may, for example, use such materials for data analysis, quality control, or to refine the Site or any other speciallist product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, speciallist may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to speciallist taking such actions. speciallist assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact speciallist to do so. speciallist does not promise to correct any inaccuracy.


1(d) Regardless of whether you are an Employer or Job Seeker, speciallist may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that speciallist may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. speciallist may also use such information in order to improve the Site or any other speciallist product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).


1(e)


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  1. External Sites


The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that speciallist is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.


In addition, speciallist may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not speciallist.



  1. Use of Site


speciallist’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase speciallist services that utilize the Site, you must have a prior written agreement with speciallist to do so, or have accepted speciallist’s online terms of service. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames, for any reason.



  1. User Content


You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.


speciallist reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that speciallist may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on speciallist that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.


Without limiting the generality of the foregoing, speciallist reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.


Please note: Section 230 of the U.S. Communications Decency Act provides that:


(1) Treatment of publisher or speaker


No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.


(2) Civil liability


No provider or user of an interactive computer service shall be held liable on account of-


(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or


(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).



  1. License to User Content and Feedback


Only to the extent permitted by law, if you post content or submit material to speciallist, including photographs or material you submit for a job solicitation hosted on speciallist, you grant speciallist a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the speciallist website or its publisher partners, maintaining the speciallist website and promoting speciallist without restriction. Furthermore, you grant to speciallist, its affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such User Content or speciallist marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to speciallist for association with a particular Job Listing, speciallist shall not post such content anywhere other than the Employer(s)’s Job Listing.


You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless speciallist and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow speciallist to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact speciallist for more details.


At your discretion, you may provide feedback and related materials to speciallist concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to speciallist a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that speciallist may disclose any or all Feedback to any third party in any manner, and you agree that speciallist may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place speciallist under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, speciallist does not waive any rights to use similar or related ideas previously known to speciallist, or developed by its employees, or obtained from sources other than you.



  1. Site Rules


You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by speciallist, unless you have been specifically allowed to do so in a separate, written agreement with speciallist. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with speciallist, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that speciallist has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which speciallist may suffer) of any such breach.


You agree that you shall not transmit to speciallist or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:



  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:


    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

    • data mining any speciallist property;

    • sending messages to users who have asked not to be contacted;

    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and



  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.

  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

  • Conduct or forward pyramid schemes or similar programs.

  • Transmit content that may be harmful to minors.

  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.

  • Violate the legal rights (such as rights of privacy and publicity) of others.

  • Promote or encourage illegal activity.

  • Interfere with other speciallist users’ enjoyment of the Site.

  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any speciallist account.

  • Modify, adapt, translate, or reverse engineer any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

  • Reformat or frame any portion of the web pages that are part of the Site without speciallist’s explicit written permission.

  • Contact other speciallist users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics speciallist considers detrimental to its users.

  • Create multiple speciallist accounts without permission.

  • Create multiple speciallist accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

  • Bypass any limitations or suspensions of functionality.

  • Provide false information.


speciallist reserves the right to use any User Content (including the content of messages or material sent through or to the Site or speciallist) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. speciallist reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and speciallist shall not be responsible or liable for any such suspension or termination, including any consequences thereof. speciallist reserves the right to drop any email with a .exe or .zip attachment for any or no reason.



  1. Registration; Contact Information


Some areas of the Site, including areas that may permit you to set up an speciallist account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. speciallist is not responsible and disclaims all liability if your email is used improperly or falsely by a third partyWe reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames.


You agree that speciallist may, as part of its services to you, communicate with you, or initiate communication with you, through your speciallist account or through other means such as email, , including through the use of contact information that you may provide to speciallist or that speciallist may otherwise obtain from third-party sources. By providing Speciallist with a mobile phone number, you expressly consent to receiving communication via such mobile number8. Disclaimer of Warranties


speciallist disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the speciallist search results (including Jobs Listings) or otherwise made available on the Site by speciallist or third parties (including User Content), regardless of whether paid for or used for free. speciallist disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). speciallist disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall speciallist be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall speciallist be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from speciallist’s Site.


speciallist further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by speciallist as a result of technical problems or traffic congestion on the Internet or any any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services.  Under no circumstances will speciallist be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.


THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY specialList.


YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.



  1. Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL SPECIALLIST OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SPECIALLIST OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SPECIALLIST TO USE THE SITE.


Without limiting the foregoing, under no circumstances shall speciallist or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.



  1. Claims of Infringement


U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by speciallist infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow speciallist to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send speciallist a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to speciallist Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ speciallist.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.


Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.



  1. Governing Law and Dispute Resolution


this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of New York., United States of America, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New York County, U.S.A.,. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New York County, New York, U.S.A12. Class Action Waiver


By using the Site and in return for the services offered by speciallist, you acknowledge that speciallist can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue speciallist as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against speciallist regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.



  1. Filtering


We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.



  1. Information or Complaints


If you have a question or complaint regarding the Site, please use our . When you use the speciallist Help Center, you are accessing a third party site UserVoice and consent to receiving cookies from UserVoice, as set forth in their . Please note that communications within UserVoice will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.



  1. Miscellaneous


This Agreement (including the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms (if applicable to you), the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms will govern with respect to the speciallist Ads Program, speciallist Resume Program, speciallist Mobolt, speciallist Prime and speciallist Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by speciallist. This Agreement, together with any amendments and any additional agreements you may enter into with speciallist in connection with the Site, shall constitute the entire agreement between you and speciallist concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.


By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of speciallist’s proprietary rights in them.


You understand and acknowledge that speciallist or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. speciallist reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.


Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same speciallist party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable speciallist party identified in the first paragraph of this Agreement with respect to such new territory.


Any notices to speciallist must be sent to the applicable speciallist entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., speciallist Ads Program, speciallist Resume Program, speciallist MoBolt or speciallist Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your speciallist Ads interface).


You may not assign or delegate any of your rights or obligations hereunder without speciallist’s prior written consent and any such attempt is void. speciallist may freely assign or delegate its rights and obligations hereunder without notice to you. speciallist and you are not legal partners or agents, but are independent contractors.



  1. Apple-Specific Terms


In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to speciallist in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, speciallist’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.



  1. The speciallist Apps


By using any of the speciallist Apps, including but not limited to the speciallist Job Search, speciallist Resume Search, speciallist Employer, speciallist Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the speciallist App.  Additionally, you agree that the speciallist App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  By downloading and using the speciallist App, you are asking speciallist to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your speciallist Resume.  You further acknowledge that your use of the speciallist Apps may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the speciallist App, and speciallist disclaims all responsibility for such data usage. In addition, if you allow speciallist Apps to utilize location services, the speciallist Apps may suggest to you and collect from you certain information based on your geographic location.



  1. Use of Site by Minors


The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use speciallist under the supervision of a parent or legal guardian, or responsible adult.



  1. speciallist Resume/CV Program Terms


These Speciallist Resume Program Terms or Speciallist CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the 


 


 


 


 


 


Cancellation


Once you have requested that Speciallist contact a Resume Owner, you may not revoke such request.



  1. Your Information


You represent and warrant that all information you provide to Speciallist is correct and current. You represent to Speciallist that you are an Employer interested in considering the Resume Owner as a potential employee.



  1. Disclaimer and Limitation of Liability


SPECIALLIST’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO SPECIALLIST IS VALID, THAT ANY EMAIL SENT BY SPECIALLIST AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.


EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SPECIALLIST BY YOU FOR THE SPECIALLIST RESUME SERVICE GIVING RISE TO THE CLAIM.



  1. Payment


You shall be charged if, and as, indicated by the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Speciallist incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Speciallist products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the absolute discretion of Speciallist and only in the form of credit for Speciallist services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Speciallist may be shared by Speciallist with companies who work on Speciallist’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Speciallist and servicing your account. Speciallist may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Speciallist shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Speciallist shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.



  1. Indemnification


You shall indemnify, defend and hold harmless Speciallist, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.



  1. speciallist Ads Program Terms


This would be our program where we allow recruiters to pay to have their jobs prioritized in job searches so they show up on the first page(s). I am not quite sure how Speciallist does this since they use a bid-model to determine priority; right now we have a flat-rate which means we have just two positions really; Sponsored Ads first and non-sponsored ads after. Because we can have multiple recruiters who want their ads sponsored, we therefore use a random sort per user session. This allows us to make sure each user gets consistent results in a given session for their searches and that each recruiter will be included in the Sponsored group and then randomly assigned priority. In theory each one would get a chance to be 1st, 2nd, 3rd, etc but we can’t guarantee that.


I’d also like to point in the TOS that:



  • we use a third-party program, ClickMeter to track Impressions and Clicks which we use to bill/debit for clicks.

  • We only debit for clicks they classify as ‘Unique’ and not for ones classified as ‘Non-Unique’ or Spider Clicks. Their definition/classification is as follow:

    • Uniques: “Made from a real users” – these clicks represents the number of visitors who clicked on a tracking link or visited a webpage. We check that the IP from where the click came from is unique within last 30 minutes (this default time for the web-marketing industry).

    • Spiders: ““Not human clicks” – these are coming from robots or web-spiders (such as search engines crawlers, rss feed generators, validators, etc…).”

    • Non-Unique: “Multiple clicks” – All other clicks. Practically are all the clicks made from the same person after the first click.

      • From specialist’s perspective these are not billed even though they are Human clicks since they can be accidental, malicious,,and/or simply a user revisting a job listing they did prior during the same session and should therefore not be debited again.



    • Our report will show the Total. Unique, Non-Unique and Spider Clicks registered by ClickMeter so that users may confirm that their Debited/Billed Clicks match the Unique # reported by ClickMeter only

    • That we also provide a link in their report to take them to the third-party site ClickMeter to view the data we base their report on our site on directly.

    • That we are not responsible for the accuracy of timeliness of ClickMeter’s data, that it is provided as a third-party independent service to maintain accuracy and transparency to the user.Rollovers: We also indicate Rolled Over Clicks which are clicks not used in a given month and added to the next months total/purchase. I think we need to indicate that:

      • Not transferable

      • Not refundable

      • No cash value

      • Expire in say 1 year?



    • No Guarantee of position, guarantee of listed in the Sponsored Ad priority in random order.

    • Sponsored Ads will also list as Sponsored Ads by CompanyName with link that will filter jobs to just that company

    • Sponsored Ads will (for now) will be prioritized in Saved Search emails which include 5-10 sample matches when they meet the criteria of the Search, again in a randomized basis.

    • Related to this we are offering the first X# of users John Frey gets to buy pre-paid click packages (probably $999 for 6,660 clicks at 15 cents per click) a price-guarantee for a 12 month period starting from when they purchase that package which will freeze their rate at 15 cents as a “Prime Rate” regardless of if or what we raise clicks to or if we offer premium positions/options at higher rates during that period. In other words e.g say we offer Top 3 Position for 50 cents per click their pre-purchased clicks and any additional they buy in that first 12 months will qualify they for that. Likewise if we change our policy so that sponsored jobs pushed into Save Search emails are a premium offering they will qualify for that as well.





THE REST OF THIS BELOW IS SPECIALLIST’S ‘AD PROGRAM’ TERMS FOR SIMILAR OFFERING


These speciallist Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the speciallist Terms of Service(the “Agreement”), and apply to any Employer who accesses or uses the speciallist Ads Program, or who otherwise indicates its acceptance of these speciallist Ads Program Terms.


Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.



  1. The Program


Use of the speciallist Sponsored Ads Program (“Program”) on or through the Site is subject to all applicable speciallist terms and policies, including without limitation the speciallist Privacy Policy () and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. speciallist policies may be modified at any time. With regards to any job advertisements posted on speciallist, either for payment or posted for free and including jobs provided to speciallist via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by speciallist (“speciallist Property”), and (z) any other content or property provided by a third party (“Partner”) upon which speciallist places Job Ads or provides search results of Job Listings (“Partner Property”). You shall direct only to speciallist any communications regarding Job Ads. By posting a Job Ad, including by XML feed, on speciallist: (i) you authorize speciallist to reformat and host the Job Ad to be effectively displayed on a mobile device and (ii) you authorize speciallist to reformat and host the Job Ad on an speciallist hosted page so it can be displayed more effectively on speciallist or its publisher network. All dashboards will reflect the total click count, including the clicks on the speciallist reformatted and hosted page and clicks in “Saved Search” emails (“Alert Emails”) sent to users who requested them. In the event you provide speciallist with an End Date beyond which your Job Ad shall not run, thirty days before such End Date speciallist may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. speciallist may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on speciallist. Job Ads posted directly on speciallist may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by speciallist will expire after a certain period of time and speciallist is unable to restore their visibility. speciallist may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”) or in Alert Emails. Featured Employer is awarded at speciallist’s sole discretion.. The Featured Employer program may be changed or removed by speciallist at any time, at speciallist’s sole discretion.  ..


Posting Jobs directly



  • Jobs will appear the following day

  • User Agrees as long as job is active it is subject to Sponsored Ad Debit/Billing

  • User can pause any/all Posted Jobs

  • Use can provide End Date at which point the job will no longer be displayed and the Active Status will be automatically updated.

  • User can change the End Date at any time after the End Date to reactivate the job, as long as End Date is in the future it will then return to Active Status

  • User can delete any job.

  • When Posted/Active will be “subject” to any sponsored ad quota left and debit accordingly.

  • Pausing Posted Job or Jobs: You may Pause a job, jobs or all jobs from your user account. Paused jobs will stop appearing in relevant (or any) job searches the following day. You may un-Pause any or all jobs you have previously paused, these will show up in any relevant job searches the following day.

  • Deleting Posted Job or Jobs: You may delete a job or jobs from your user account. Deleted jobs will stop appearing in job searches the following day.



 


Positng via Page Feed



  • User provides us with job results page e.g. http://nchcr.com/healthcare-job-opportunities and job details page http://nchcr.com/healthcare-job-opportunity-details?JobID=49600

  • User affirms they have the right to do so (?)

  • User grants permission to speciallist to spider/crawl/store that page data each day and store on our servers with all the permissions implied in the first clause re reformat etc

  • Takes up to 3 days to customize the feed to ours so jobs will not appear immediately will email when they are active

  • Might add something here about $50 Minimum Click Purchase

  • You may pause your job feed at any time from your user account, the jobs from that feed will stop appearing in any searches or user saved search emails the following day.

  • If you wish to remove any particular job or jobs from your job feed you must do so from the feed you provide us itself, we provide no means for you to do so since you provide us with that feed. Any jobs you remove, modify or add to that feed will not be reflected in the job search until the next day.


Job Applications and other communication from candidates viewing your jobs:



  • Candidates who apply or otherwise contact you from jobs you provide us via an XML feed will by definition occur from your own site and specialList is not responsilble for such communiucation

  • Candidates who apply from Job Postings can apply to your job and contact you via the Job Page and Applicatiion form provided for each Job Posting by speciallist. We are not responsible for the number, content and quality of candiates or communication. We have taken significant measures to prevent spam and bots as well as significant measures to match jobs to candidate searches to increase the relevance of applications/communications you receive but are non-the-less not responsible for such communication.



  1. Cancellation


Unless otherwise stated in an Insertion Order or other agreement to advertise with speciallist, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). speciallist may immediately cancel the Program or these IAP Terms at any time upon notice. speciallist may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.


Cancellation only refers to display of jobs via:



  • Pausing any or all posted jobs from the user admin account

  • Deleting any or all posted jobs from the user admin account

  • Pausing the XML Job Feed from the user admin account


Cancellation also refers to any recurring billing set-up for sponsored ads if that is offered and has been purchased


Cancellation does not imply refund of any unused purchased clikcks which are non-refundable, non-transferable and have no cash value. Any remaining unused clicks will be available to the user for a period of 180 days following the cancellation. (some note here to protect if we go out of business etc.?)



  1. Prohibited Uses


You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant speciallist and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. speciallist or Partners may reject or remove any Job Ad, and speciallist may disable any Employer’s account, for any or no reason without notice. For examples of why speciallist may reject such Job Ads from Employers, refer to the Job Posting Guidelines. speciallist may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in speciallist’s sole discretion. This requirement may be made in speciallist’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by speciallist. Additionally, speciallist may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, speciallist reserves the right to include or reject any or all of your Job Ads. For examples of why speciallist may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, speciallist reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the speciallist Site may harm speciallist and its users.  4. Disclaimer and Limitation of Liability


SPECIALLIST’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. speciallist and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or speciallist Property or sections of such properties, (iv) clicks or (v) conversions for any Creative. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SPECIALLIST BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.



  1. Payment


You shall be charged based on actual clicks or other billing methods you may choose online. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the 


 you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars,. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees speciallist incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all speciallist products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on speciallist’s click measurements which are tabulated by an independent third-party company, ClickMeter and the definition of a billable/debitable click are ones reported by ClickMeter as ‘Unique’ only, not Non-Unique or Spider. speciallist’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of speciallist and only in the form of advertising credit for speciallist Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to speciallist may be shared by speciallist with companies who work on speciallist’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to speciallist and servicing your account. speciallist may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. speciallist shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and speciallist shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.



  1. Indemnification



  1. Purchase Ads


You shall indemnify, defend and hold harmless speciallist, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.



  1. speciallist

  2. speciallist Prime Terms


Last Updated: September 15, 2016



  1. speciallist Targeted Ads Terms


speciallist MoBolt Terms


.


SPECIALLIST GENERAL EEA SAFE HARBOR NOTICE (recognized until October 6, 2015)


Scope of Safe Harbor Certification


speciallist, Inc. (“speciallist” or “we”) recognize that the European Community has established a data protection regime pursuant to Directive 95/46/EC, which applies to the European Economic Area (“EEA”) and that Switzerland (“CH”) has also established a data protection regime which applies to CH that restricts companies in the EEA/CH in transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow our subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and Swiss legislation, we adhere to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that we receive from our subsidiaries, customers and other business partners. Our Safe Harbor Certification does not extend to data that we receive directly through speciallist’s publicly accessible websites. More information on the Safe Harbor Principles and speciallist’s scope of participation is available at https://safeharbor.export.gov/companyinfo.aspx?id=27770.


Scope of this Notice


This Notice does not apply to employees of speciallist or our subsidiaries; this Notice addresses other data subjects residing in the EEA and CH (collectively, “EEA Persons”) whose data we may receive from one of our subsidiaries, customers, suppliers or other business partners in the EEA/CH e.g., referral partners, integration partners, etc.


Categories of EEA Data


We receive certain information related to individual independent contractors, and employees and individual representatives of speciallist’s corporate business partners (including vendors and advertising customers). Such EEA/CH Data includes, without limitation, names, addresses, work phone numbers, work email addresses, and any other personal data that are affirmatively provided to speciallist, Inc. in order to manage our business relationship.


We also provide data processing services to affiliated and unaffiliated entities. Subject to a data-processing agreement including EU-approved standard contractual clauses, we process any information that such entities instruct us to process, on their behalf and subject to their direction, such as resume data of persons in the EEA/CH. When we receive EEA/CH Data from another company in the EEA/CH for processing, the categories of data sent and the purposes of processing depend on such other company (the data controller) and on the relationship the data controller has with the relevant data subjects.


Purposes


We collect and use EEA Data for purposes of providing products and services to our customers, communicating with corporate business partners about business matters, processing EEA Data on behalf of corporate customers, providing information on our services, and conducting related tasks for legitimate business purposes.


Disclosure


We share EEA Data with our subsidiaries, affiliates and contractors, who process EEA Data on behalf of the speciallist Group, according to a data-processing agreement including EU-approved standard contractual clauses. We may also share EEA Data with other third parties for the purposes for which we receive the EEA Data (e.g., performance of contractual obligations and rights), and we may also disclose EEA Data where we are legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law or the Safe Harbor Principles and we have a legitimate business interest in such disclosure.


With respect to marketing emails, EEA Persons may opt-out of receiving further email marketing communications from speciallist by sending an email to opt-out @ speciallist.com (remove spaces when sending email) or by following opt-out instructions that are contained in each marketing email. EEA Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for us to provide the requested services.


Access and Review


 


If you are an EEA Person about whom we hold EEA Data, you may request access to, and the opportunity to update, correct or delete, such EEA Data. Deletion is subject to speciallist’s rights and obligations under EU and national law to preserve data. To submit such requests or raise any other questions, please contact speciallist or the business that provided your EEA Data to us. You can also contact our Safe Harbor Contact. We reserve the right to take appropriate steps to authenticate an applicant’s identity, to charge an adequate fee before providing access and to deny requests, except as required by the Safe Harbor Principles.


Safe Harbor Contact


If you have questions, please contact speciallist by sending a letter or email to speciallist Privacy Program, speciallist, Inc., c/o Legal Department, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA or privacy-office @ speciallist.com (remove spaces when sending email).


speciallist Vulnerability Reward Program


Program Description


As part of speciallist’s commitment to the security of our job seekers, advertisers, and publishers, we partnered withBugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an speciallist product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in speciallist’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.


Legal Notes


 


General Terms


Cookie Policy


Privacy Policy


Speciallist Ads Program Terms 


Job Posting Guidelines


speciallist Terms of Service Introduction


speciallist General Terms of Service


some way to indicate that we are not responsible for # of views, quality of views, responses, and we only do single relay etc


General Terms


By using this site, you agree to the following Terms of Service.



  • Accuracy and of Information. All information contained on this website is provided “as-is” and speciallist Inc. (“speciallist”) accepts no liability for the accuracy of such information


  • Modification of Agreement: speciallist reserves the right to revise the terms of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.

  • Limitation of Liability. You agree that Speciallist’s entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. Speciallist disclaims any and all loss or liability resulting from, but not limited to: (1) access delays or access interruptions; (2) data non-delivery or data miss-delivery; (3) acts of God; (4) the unauthorized use or misuse of your account information, username, or password; (5) interruption of service to your web site or email service. Speciallist is not liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action, whether in contract, tort (including negligence), or otherwise. In no event shall our maximum liability exceed one hundred ($100.00) dollars.


  • Indemnity. You agree to release, indemnify, and hold speciallist, our contractors, agents, employees, officers, directors, and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of the services.


  • Severability. The Terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.


  • Entire Agreement. This Agreement and the rules and policies published on our site constitute the complete and entire agreement between you and Speciallist regarding our services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent.





Cookie Policy


By using or accessing the Website, you are consenting to speciallist’s use of Cookies as follows:


This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not.  Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:



  1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.


  2. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.


  3. Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that speciallist referred to a third party website. These third party partner websites receive credit for the activity of users they refer to our Website, or give speciallist credit for the activity of users referred to such third party websites. We do not share any personal information or information about individual user activities with these partner entities.


Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.


Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your speciallist web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and speciallist’s job seeker web beaconPlease check the browser’s cookie settings support pages to confirm the most up-to-date instructions.


Google Chrome



  • Click the settings icon on the browser toolbar (three stacked lines)

  • Select ‘Settings’

  • Click ‘Show advanced settings’

  • In the “Privacy” section, click the ‘Content settings’ button

  • To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’

  • To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’

  • Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google:https://support.google.com/chrome/answer/95647


Mozilla Firefox



  • Click the menu button (three stacked lines) and choose ‘Preferences’

  • Select the Privacy panel

  • Set ‘Firefox will:’ to ‘Use custom settings for history’

  • To enable cookies: Check ‘Accept cookies from sites’

  • To disable cookies: Uncheck ‘Accept cookies from sites’

  • Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences


Safari on OSX



  • Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option

  • Click on ‘Privacy’

  • To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference

  • To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’

  • Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214


Opera



  • From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)

  • Click ‘Advanced’

  • Under “Cookies”, select an option for handling cookies

  • To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference

  • To disable cookies: Check ‘Never accept cookies’

  • Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software:http://www.opera.com/help/tutorials/security/privacy/


Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0



  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’

  • In the options window navigate to the ‘Privacy’ tab

  • To enable cookies: Set the slider to ‘Medium’ or below

  • To disable cookies: Move the slider to the top to block all cookies

  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies


Microsoft Internet Explorer 11 for Windows 10



  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’

  • In the options window navigate to the ‘Privacy’ tab

  • To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences

  • To disable cookies: Choose ‘Block’

  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies


Microsoft Edge



  • Click on ‘More’ and choose ‘Settings’

  • Under “Advanced settings”, select ‘View advanced Settings’

  • Under “Privacy and services – Cookies”, choose the option you want.

  • ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.

  • Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10-microsoft-edge-privacy-faq


If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies.


speciallist may also provide an employer with code for a Conversion Tracker to place on its website that pings the job seeker web beacon and tracks whenever a job seeker has applied to a job on that employer’s website. This Conversion Tracker will attribute an application to speciallist any time the job seeker started their search on speciallist, despite any intervening activity. speciallist does not and cannot collect any of the job seeker’s personally identifiable information and does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies speciallist that a job seeker has applied..


You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.


speciallist marketing service providers..


Changes To Our Cookie Policy


From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.


Privacy Policy



  1. Introduction


speciallist values the trust our users and customers place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information.


speciallist has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to speciallist when you access or use speciallist’s online and/or mobile services and websites, and software provided by speciallist on or in connection with such   services or websites (collectively, the “Site”). “speciallist” or “we” means speciallist Inc. if you are located in the United States, and speciallist Ireland Operations Limited if you are located elsewhere.


This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) speciallist may amend this Privacy Policy at any time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If speciallist is going to use Personal Information  (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then speciallist will notify users via email and/or by posting a notice on speciallist’s Site for 30 days prior to such use or by other means as required by law.



  1. Information Collected


When you create an speciallist account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). . In each such instance above, you will know what data we collect through the Site, because you actively submit it. 


In addition, as part of the standard operation of the Site, speciallist may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. speciallist reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. speciallist will store this information on its equipment or the equipment of third parties that speciallist has a relationship with for that purpose. If you create an speciallist account, information may be collected under your account email address.


If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. speciallist may create and assign to your device an identifier that is similar to an account number. We may collect the, device type,country, and any other information you choose to provide, such as user name, geolocation or email address



  1. Limitation of Use or Disclosure of Personal Data


Employers may disable an account, however Speciallist must preserve business records pertaining to that account to comply with its obligations under law. If a Job Seeker wants to delete a job application performed on Speciallist’s site, they will need to contact the prospective Employer directly to request deletion of their application. For job applications which you, the Job Seeker submit through Speciallist to an employer, (with related materials submitted), please note that your applications and materials may be controlled by an employer and we may direct you to that employer for personal data deletion requests



  1. Uses and Disclosures of Information


We may use any information collected pursuant to this Privacy Policy, including information that identifies you as a specific individual (“Personal Information”), for the purposes set forth in this Paragraph 4 and Paragraphs 5, 6, and 10 below. speciallist uses such information to provide our services and features to you, including to provide employer information to you, to measure and improve those services and features, and to provide you with customer support.


For example, speciallist uses your previous search and browsing history (e.g. the jobs you click on) to determine relevant search results and provide you with recommended jobs. speciallist may also provide information collected pursuant to this Privacy Policy, including Personal Information, to employers that may be interested in contacting you. By applying to a job, providing your contact information to show interest in a job, or by replying to a message from an employer, you consent to the disclosure of your information to that employer.


speciallist may also use information collected pursuant to this Privacy Policy to prevent potentially illegal activities and activities that are detrimental to you or others. speciallist may investigate and disclose information from or about you or your use of speciallist if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process (including subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or (c) may protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet  national security requirements. speciallist is subject to the investigatory and enforcement powers of the Federal Trade Commission or other investigatory bodies of the United States.


We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. We provide email proxy and relay services to the users of our speciallist products, including but not limited to: speciallist Resume, Saved Searches, speciallist Apply, and Post a Job. These email proxy and relay services depend on the functionality of third party providers. We monitor, review, store and analyze your content (including your resumes, cover letters, applications, messages, responses, offer letters and other materials) that you send, store or receive, including via automated means and otherwise, for data analysis, quality control, and to refine the Site or any other speciallist product or service (including to provide better search results and other listings for job seekers and employers, provide you with personally relevant product features, and to prevent fraud and reduce unwanted mail).


Any information shared by you with speciallist may be shared with or transferred to any speciallist affiliated


Transfer of Data to Third Parties


We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. These third parties may include (but are not limited to) service providers and vendors.


In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries.. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. You may also use certain third-party sites or services that you link to from speciallist’s Site. In such cases, all information you provide to a third party is provided to that third party and not to speciallist, and is subject to the third party’s privacy policy and terms of service. Please see the section below titled Links to Third-Party Sites for more information.


speciallist may use your IP address and mobile device information to help diagnose problems with speciallist’s service and to administer the Site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). speciallist may maintain   (as permitted by applicable law) information collected from you pursuant to this Privacy Policy following any termination of your relationship with speciallist. speciallist may also delete such information as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, speciallist will use such information only for the purpose of processing the payment. speciallist may also aggregate your data with other data, for the purposes set forth above.



  1. Contact and Resume Information


When you give speciallist contact information (such as your name and email address) and demographic information, you agree that speciallist may utilize this information as set forth herein. You agree that speciallist may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third partythrough your speciallist account or through other means such as email, telephone (including mobile phone), or postal mail,through the use of contact information that you may provide to Speciallist or that Speciallist may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, speciallist or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about speciallist, including promotional materials. speciallist may use demographic and/or profile data to tailor your experience on the Site, show you content that speciallist thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to Job Seekers who may want to contact you, to search engines, or to the general public by posting your Personal Information on the internet.


You acknowledge that speciallist may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other speciallist product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with speciallist and for whom speciallist has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. You may opt out of this feature on a going forward basis by editing your Privacy Settings; however, speciallist does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information. speciallist reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of speciallist’s services. At your direction, speciallist may also send your resume to third parties if you choose to apply for a job listing.



  1. Additional Uses and Disclosures of Non-Personal Information


In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use and disclosure, for any purpose, any information that does not identify you as a specific individual (“Non-Personal Information”), except where we are required to do otherwise under applicable law. Such Non-Personal Information may include, for example and without limitation: MAC addresses and other device identifiers; IP addresses; pixel tags and similar technologies; physical location information; and demographic information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include Personal Information that has been aggregated or deidentified. If we combine any Non-Personal Information with Personal Information (such as combining your ZIP code with your name), then we will only use and disclose such combined information for the purposes described in this Paragraph 6 and Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat Non-Personal Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information.



  1. Security


speciallist seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under speciallist’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. 8. Cookies


“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Please see our cookie policy for further information regarding speciallist’s use of Cookies.



  1. Links to Third-Party Sites


The Site may make available links to other websites. When you click on such links, you may leave our Site.The Site may also make available Company Pages, which may contain information provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.



  1. Acquisitions and Other Reorganizations


Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any change of ownership or control in speciallist’s business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), and any such information may be used by such third party in accordance with this Privacy Policy.


11Reserved



  1. Do Not Track Requests

  2. Opting Out


If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt out of receiving such marketing related messages by sending an email to optout @ specialist.com.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable.



  1. Independent Dispute Resolution

  2. General Inquiries and Complaints


You may contact speciallist, Inc. at 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and you may contact speciallist Ireland Operations Limited at 124 St. Stephen’s Green, Dublin 2, Ireland; or you may contact either company via our Site contact form.


speciallist Terms of Service Introduction


Last Updated: September 26, 2016


When you access or use speciallist’s online and/or mobile services and websites, including any speciallist mobile application (collectively the “speciallist Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of speciallist on or in connection with such services or websites (collectively, the “Site”), , or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service of the Agreement..


The Site is made available for use by individuals seeking employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”), and by individuals and/or organizations seeking to participate in the speciallist Publisher Program (“Publishers”). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.


We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.


This Agreement hereby incorporates by this reference any additional terms and conditions posted by speciallist through the Site, or otherwise made available to you by speciallist. In particular:



  • If you access or use the speciallist Resume Program, you are agreeing to be bound by the 

  • If you access or use the speciallist Publisher Program, you are agreeing to be bound by the 

  • For all other uses of the Site, you are agreeing to be bound by the speciallist General Terms of Service


speciallist General Terms of Service



  1. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

  2. Job Listings


speciallist may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through speciallist’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom speciallist exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. speciallist does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. speciallist assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that speciallist may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by speciallist, and are not a direct reflection of the actual Job Listing.


1(a) 


1(b) If you are an Employer, when you create an speciallist account or post a Job Listing on the Site, you agree that this Agreement and all of speciallist’s policies, including the speciallist Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Sites or indicating an interest in such Job Listings.    1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, speciallist may, for example, use such materials for data analysis, quality control, or to refine the Site or any other speciallist product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, speciallist may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to speciallist taking such actions. speciallist assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact speciallist to do so. speciallist does not promise to correct any inaccuracy.


1(d) Regardless of whether you are an Employer or Job Seeker, speciallist may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that speciallist may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. speciallist may also use such information in order to improve the Site or any other speciallist product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).


1(e)


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  1. External Sites


The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that speciallist is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.


In addition, speciallist may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not speciallist.



  1. Use of Site


speciallist’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase speciallist services that utilize the Site, you must have a prior written agreement with speciallist to do so, or have accepted speciallist’s online terms of service. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames, for any reason.



  1. User Content


You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.


speciallist reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that speciallist may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on speciallist that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.


Without limiting the generality of the foregoing, speciallist reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.


Please note: Section 230 of the U.S. Communications Decency Act provides that:


(1) Treatment of publisher or speaker


No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.


(2) Civil liability


No provider or user of an interactive computer service shall be held liable on account of-


(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or


(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).



  1. License to User Content and Feedback


Only to the extent permitted by law, if you post content or submit material to speciallist, including photographs or material you submit for a job solicitation hosted on speciallist, you grant speciallist a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the speciallist website or its publisher partners, maintaining the speciallist website and promoting speciallist without restriction. Furthermore, you grant to speciallist, its affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such User Content or speciallist marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to speciallist for association with a particular Job Listing, speciallist shall not post such content anywhere other than the Employer(s)’s Job Listing.


You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless speciallist and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow speciallist to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact speciallist for more details.


At your discretion, you may provide feedback and related materials to speciallist concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to speciallist a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that speciallist may disclose any or all Feedback to any third party in any manner, and you agree that speciallist may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place speciallist under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, speciallist does not waive any rights to use similar or related ideas previously known to speciallist, or developed by its employees, or obtained from sources other than you.



  1. Site Rules


You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by speciallist, unless you have been specifically allowed to do so in a separate, written agreement with speciallist. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with speciallist, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that speciallist has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which speciallist may suffer) of any such breach.


You agree that you shall not transmit to speciallist or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:



  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:


    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

    • data mining any speciallist property;

    • sending messages to users who have asked not to be contacted;

    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and



  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.

  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

  • Conduct or forward pyramid schemes or similar programs.

  • Transmit content that may be harmful to minors.

  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.

  • Violate the legal rights (such as rights of privacy and publicity) of others.

  • Promote or encourage illegal activity.

  • Interfere with other speciallist users’ enjoyment of the Site.

  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any speciallist account.

  • Modify, adapt, translate, or reverse engineer any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

  • Reformat or frame any portion of the web pages that are part of the Site without speciallist’s explicit written permission.

  • Contact other speciallist users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics speciallist considers detrimental to its users.

  • Create multiple speciallist accounts without permission.

  • Create multiple speciallist accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

  • Bypass any limitations or suspensions of functionality.

  • Provide false information.


speciallist reserves the right to use any User Content (including the content of messages or material sent through or to the Site or speciallist) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. speciallist reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and speciallist shall not be responsible or liable for any such suspension or termination, including any consequences thereof. speciallist reserves the right to drop any email with a .exe or .zip attachment for any or no reason.



  1. Registration; Contact Information


Some areas of the Site, including areas that may permit you to set up an speciallist account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. speciallist is not responsible and disclaims all liability if your email is used improperly or falsely by a third partyWe reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames.


You agree that speciallist may, as part of its services to you, communicate with you, or initiate communication with you, through your speciallist account or through other means such as email, , including through the use of contact information that you may provide to speciallist or that speciallist may otherwise obtain from third-party sources. By providing Speciallist with a mobile phone number, you expressly consent to receiving communication via such mobile number8. Disclaimer of Warranties


speciallist disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the speciallist search results (including Jobs Listings) or otherwise made available on the Site by speciallist or third parties (including User Content), regardless of whether paid for or used for free. speciallist disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). speciallist disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall speciallist be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall speciallist be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from speciallist’s Site.


speciallist further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by speciallist as a result of technical problems or traffic congestion on the Internet or any any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services.  Under no circumstances will speciallist be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.


THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY specialList.


YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.



  1. Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL SPECIALLIST OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SPECIALLIST OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SPECIALLIST TO USE THE SITE.


Without limiting the foregoing, under no circumstances shall speciallist or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.



  1. Claims of Infringement


U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by speciallist infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow speciallist to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send speciallist a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to speciallist Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ speciallist.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.


Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.



  1. Governing Law and Dispute Resolution


this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of New York., United States of America, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New York County, U.S.A.,. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New York County, New York, U.S.A12. Class Action Waiver


By using the Site and in return for the services offered by speciallist, you acknowledge that speciallist can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue speciallist as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against speciallist regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.



  1. Filtering


We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.



  1. Information or Complaints


If you have a question or complaint regarding the Site, please use our . When you use the speciallist Help Center, you are accessing a third party site UserVoice and consent to receiving cookies from UserVoice, as set forth in their . Please note that communications within UserVoice will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.



  1. Miscellaneous


This Agreement (including the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms (if applicable to you), the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms will govern with respect to the speciallist Ads Program, speciallist Resume Program, speciallist Mobolt, speciallist Prime and speciallist Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by speciallist. This Agreement, together with any amendments and any additional agreements you may enter into with speciallist in connection with the Site, shall constitute the entire agreement between you and speciallist concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.


By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of speciallist’s proprietary rights in them.


You understand and acknowledge that speciallist or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. speciallist reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.


Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same speciallist party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable speciallist party identified in the first paragraph of this Agreement with respect to such new territory.


Any notices to speciallist must be sent to the applicable speciallist entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., speciallist Ads Program, speciallist Resume Program, speciallist MoBolt or speciallist Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your speciallist Ads interface).


You may not assign or delegate any of your rights or obligations hereunder without speciallist’s prior written consent and any such attempt is void. speciallist may freely assign or delegate its rights and obligations hereunder without notice to you. speciallist and you are not legal partners or agents, but are independent contractors.



  1. Apple-Specific Terms


In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to speciallist in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, speciallist’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.



  1. The speciallist Apps


By using any of the speciallist Apps, including but not limited to the speciallist Job Search, speciallist Resume Search, speciallist Employer, speciallist Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the speciallist App.  Additionally, you agree that the speciallist App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  By downloading and using the speciallist App, you are asking speciallist to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your speciallist Resume.  You further acknowledge that your use of the speciallist Apps may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the speciallist App, and speciallist disclaims all responsibility for such data usage. In addition, if you allow speciallist Apps to utilize location services, the speciallist Apps may suggest to you and collect from you certain information based on your geographic location.



  1. Use of Site by Minors


The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use speciallist under the supervision of a parent or legal guardian, or responsible adult.



  1. speciallist Resume/CV Program Terms


These Speciallist Resume Program Terms or Speciallist CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the 


 


 


 


 


 


Cancellation


Once you have requested that Speciallist contact a Resume Owner, you may not revoke such request.



  1. Your Information


You represent and warrant that all information you provide to Speciallist is correct and current. You represent to Speciallist that you are an Employer interested in considering the Resume Owner as a potential employee.



  1. Disclaimer and Limitation of Liability


SPECIALLIST’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO SPECIALLIST IS VALID, THAT ANY EMAIL SENT BY SPECIALLIST AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.


EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SPECIALLIST BY YOU FOR THE SPECIALLIST RESUME SERVICE GIVING RISE TO THE CLAIM.



  1. Payment


You shall be charged if, and as, indicated by the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Speciallist incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Speciallist products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the absolute discretion of Speciallist and only in the form of credit for Speciallist services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Speciallist may be shared by Speciallist with companies who work on Speciallist’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Speciallist and servicing your account. Speciallist may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Speciallist shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Speciallist shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.



  1. Indemnification


You shall indemnify, defend and hold harmless Speciallist, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.



  1. speciallist Ads Program Terms


This would be our program where we allow recruiters to pay to have their jobs prioritized in job searches so they show up on the first page(s). I am not quite sure how Speciallist does this since they use a bid-model to determine priority; right now we have a flat-rate which means we have just two positions really; Sponsored Ads first and non-sponsored ads after. Because we can have multiple recruiters who want their ads sponsored, we therefore use a random sort per user session. This allows us to make sure each user gets consistent results in a given session for their searches and that each recruiter will be included in the Sponsored group and then randomly assigned priority. In theory each one would get a chance to be 1st, 2nd, 3rd, etc but we can’t guarantee that.


I’d also like to point in the TOS that:



  • we use a third-party program, ClickMeter to track Impressions and Clicks which we use to bill/debit for clicks.

  • We only debit for clicks they classify as ‘Unique’ and not for ones classified as ‘Non-Unique’ or Spider Clicks. Their definition/classification is as follow:

    • Uniques: “Made from a real users” – these clicks represents the number of visitors who clicked on a tracking link or visited a webpage. We check that the IP from where the click came from is unique within last 30 minutes (this default time for the web-marketing industry).

    • Spiders: ““Not human clicks” – these are coming from robots or web-spiders (such as search engines crawlers, rss feed generators, validators, etc…).”

    • Non-Unique: “Multiple clicks” – All other clicks. Practically are all the clicks made from the same person after the first click.

      • From specialist’s perspective these are not billed even though they are Human clicks since they can be accidental, malicious,,and/or simply a user revisting a job listing they did prior during the same session and should therefore not be debited again.



    • Our report will show the Total. Unique, Non-Unique and Spider Clicks registered by ClickMeter so that users may confirm that their Debited/Billed Clicks match the Unique # reported by ClickMeter only

    • That we also provide a link in their report to take them to the third-party site ClickMeter to view the data we base their report on our site on directly.

    • That we are not responsible for the accuracy of timeliness of ClickMeter’s data, that it is provided as a third-party independent service to maintain accuracy and transparency to the user.Rollovers: We also indicate Rolled Over Clicks which are clicks not used in a given month and added to the next months total/purchase. I think we need to indicate that:

      • Not transferable

      • Not refundable

      • No cash value

      • Expire in say 1 year?



    • No Guarantee of position, guarantee of listed in the Sponsored Ad priority in random order.

    • Sponsored Ads will also list as Sponsored Ads by CompanyName with link that will filter jobs to just that company

    • Sponsored Ads will (for now) will be prioritized in Saved Search emails which include 5-10 sample matches when they meet the criteria of the Search, again in a randomized basis.

    • Related to this we are offering the first X# of users John Frey gets to buy pre-paid click packages (probably $999 for 6,660 clicks at 15 cents per click) a price-guarantee for a 12 month period starting from when they purchase that package which will freeze their rate at 15 cents as a “Prime Rate” regardless of if or what we raise clicks to or if we offer premium positions/options at higher rates during that period. In other words e.g say we offer Top 3 Position for 50 cents per click their pre-purchased clicks and any additional they buy in that first 12 months will qualify they for that. Likewise if we change our policy so that sponsored jobs pushed into Save Search emails are a premium offering they will qualify for that as well.





THE REST OF THIS BELOW IS SPECIALLIST’S ‘AD PROGRAM’ TERMS FOR SIMILAR OFFERING


These speciallist Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the speciallist Terms of Service(the “Agreement”), and apply to any Employer who accesses or uses the speciallist Ads Program, or who otherwise indicates its acceptance of these speciallist Ads Program Terms.


Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.



  1. The Program


Use of the speciallist Sponsored Ads Program (“Program”) on or through the Site is subject to all applicable speciallist terms and policies, including without limitation the speciallist Privacy Policy () and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. speciallist policies may be modified at any time. With regards to any job advertisements posted on speciallist, either for payment or posted for free and including jobs provided to speciallist via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by speciallist (“speciallist Property”), and (z) any other content or property provided by a third party (“Partner”) upon which speciallist places Job Ads or provides search results of Job Listings (“Partner Property”). You shall direct only to speciallist any communications regarding Job Ads. By posting a Job Ad, including by XML feed, on speciallist: (i) you authorize speciallist to reformat and host the Job Ad to be effectively displayed on a mobile device and (ii) you authorize speciallist to reformat and host the Job Ad on an speciallist hosted page so it can be displayed more effectively on speciallist or its publisher network. All dashboards will reflect the total click count, including the clicks on the speciallist reformatted and hosted page and clicks in “Saved Search” emails (“Alert Emails”) sent to users who requested them. In the event you provide speciallist with an End Date beyond which your Job Ad shall not run, thirty days before such End Date speciallist may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. speciallist may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on speciallist. Job Ads posted directly on speciallist may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by speciallist will expire after a certain period of time and speciallist is unable to restore their visibility. speciallist may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”) or in Alert Emails. Featured Employer is awarded at speciallist’s sole discretion.. The Featured Employer program may be changed or removed by speciallist at any time, at speciallist’s sole discretion.  ..


Posting Jobs directly



  • Jobs will appear the following day

  • User Agrees as long as job is active it is subject to Sponsored Ad Debit/Billing

  • User can pause any/all Posted Jobs

  • Use can provide End Date at which point the job will no longer be displayed and the Active Status will be automatically updated.

  • User can change the End Date at any time after the End Date to reactivate the job, as long as End Date is in the future it will then return to Active Status

  • User can delete any job.

  • When Posted/Active will be “subject” to any sponsored ad quota left and debit accordingly.

  • Pausing Posted Job or Jobs: You may Pause a job, jobs or all jobs from your user account. Paused jobs will stop appearing in relevant (or any) job searches the following day. You may un-Pause any or all jobs you have previously paused, these will show up in any relevant job searches the following day.

  • Deleting Posted Job or Jobs: You may delete a job or jobs from your user account. Deleted jobs will stop appearing in job searches the following day.



 


Positng via Page Feed



  • User provides us with job results page e.g. http://nchcr.com/healthcare-job-opportunities and job details page http://nchcr.com/healthcare-job-opportunity-details?JobID=49600

  • User affirms they have the right to do so (?)

  • User grants permission to speciallist to spider/crawl/store that page data each day and store on our servers with all the permissions implied in the first clause re reformat etc

  • Takes up to 3 days to customize the feed to ours so jobs will not appear immediately will email when they are active

  • Might add something here about $50 Minimum Click Purchase

  • You may pause your job feed at any time from your user account, the jobs from that feed will stop appearing in any searches or user saved search emails the following day.

  • If you wish to remove any particular job or jobs from your job feed you must do so from the feed you provide us itself, we provide no means for you to do so since you provide us with that feed. Any jobs you remove, modify or add to that feed will not be reflected in the job search until the next day.


Job Applications and other communication from candidates viewing your jobs:



  • Candidates who apply or otherwise contact you from jobs you provide us via an XML feed will by definition occur from your own site and specialList is not responsilble for such communiucation

  • Candidates who apply from Job Postings can apply to your job and contact you via the Job Page and Applicatiion form provided for each Job Posting by speciallist. We are not responsible for the number, content and quality of candiates or communication. We have taken significant measures to prevent spam and bots as well as significant measures to match jobs to candidate searches to increase the relevance of applications/communications you receive but are non-the-less not responsible for such communication.



  1. Cancellation


Unless otherwise stated in an Insertion Order or other agreement to advertise with speciallist, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). speciallist may immediately cancel the Program or these IAP Terms at any time upon notice. speciallist may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.


Cancellation only refers to display of jobs via:



  • Pausing any or all posted jobs from the user admin account

  • Deleting any or all posted jobs from the user admin account

  • Pausing the XML Job Feed from the user admin account


Cancellation also refers to any recurring billing set-up for sponsored ads if that is offered and has been purchased


Cancellation does not imply refund of any unused purchased clikcks which are non-refundable, non-transferable and have no cash value. Any remaining unused clicks will be available to the user for a period of 180 days following the cancellation. (some note here to protect if we go out of business etc.?)



  1. Prohibited Uses


You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant speciallist and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. speciallist or Partners may reject or remove any Job Ad, and speciallist may disable any Employer’s account, for any or no reason without notice. For examples of why speciallist may reject such Job Ads from Employers, refer to the Job Posting Guidelines. speciallist may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in speciallist’s sole discretion. This requirement may be made in speciallist’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by speciallist. Additionally, speciallist may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, speciallist reserves the right to include or reject any or all of your Job Ads. For examples of why speciallist may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, speciallist reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the speciallist Site may harm speciallist and its users.  4. Disclaimer and Limitation of Liability


SPECIALLIST’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. speciallist and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or speciallist Property or sections of such properties, (iv) clicks or (v) conversions for any Creative. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SPECIALLIST BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.



  1. Payment


You shall be charged based on actual clicks or other billing methods you may choose online. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the 


 you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars,. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees speciallist incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all speciallist products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on speciallist’s click measurements which are tabulated by an independent third-party company, ClickMeter and the definition of a billable/debitable click are ones reported by ClickMeter as ‘Unique’ only, not Non-Unique or Spider. speciallist’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of speciallist and only in the form of advertising credit for speciallist Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to speciallist may be shared by speciallist with companies who work on speciallist’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to speciallist and servicing your account. speciallist may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. speciallist shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and speciallist shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.



  1. Indemnification



  1. Purchase Ads


You shall indemnify, defend and hold harmless speciallist, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.



  1. speciallist

  2. speciallist Prime Terms


Last Updated: September 15, 2016



  1. speciallist Targeted Ads Terms


speciallist MoBolt Terms


.


SPECIALLIST GENERAL EEA SAFE HARBOR NOTICE (recognized until October 6, 2015)


Scope of Safe Harbor Certification


speciallist, Inc. (“speciallist” or “we”) recognize that the European Community has established a data protection regime pursuant to Directive 95/46/EC, which applies to the European Economic Area (“EEA”) and that Switzerland (“CH”) has also established a data protection regime which applies to CH that restricts companies in the EEA/CH in transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow our subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and Swiss legislation, we adhere to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that we receive from our subsidiaries, customers and other business partners. Our Safe Harbor Certification does not extend to data that we receive directly through speciallist’s publicly accessible websites. More information on the Safe Harbor Principles and speciallist’s scope of participation is available at https://safeharbor.export.gov/companyinfo.aspx?id=27770.


Scope of this Notice


This Notice does not apply to employees of speciallist or our subsidiaries; this Notice addresses other data subjects residing in the EEA and CH (collectively, “EEA Persons”) whose data we may receive from one of our subsidiaries, customers, suppliers or other business partners in the EEA/CH e.g., referral partners, integration partners, etc.


Categories of EEA Data


We receive certain information related to individual independent contractors, and employees and individual representatives of speciallist’s corporate business partners (including vendors and advertising customers). Such EEA/CH Data includes, without limitation, names, addresses, work phone numbers, work email addresses, and any other personal data that are affirmatively provided to speciallist, Inc. in order to manage our business relationship.


We also provide data processing services to affiliated and unaffiliated entities. Subject to a data-processing agreement including EU-approved standard contractual clauses, we process any information that such entities instruct us to process, on their behalf and subject to their direction, such as resume data of persons in the EEA/CH. When we receive EEA/CH Data from another company in the EEA/CH for processing, the categories of data sent and the purposes of processing depend on such other company (the data controller) and on the relationship the data controller has with the relevant data subjects.


Purposes


We collect and use EEA Data for purposes of providing products and services to our customers, communicating with corporate business partners about business matters, processing EEA Data on behalf of corporate customers, providing information on our services, and conducting related tasks for legitimate business purposes.


Disclosure


We share EEA Data with our subsidiaries, affiliates and contractors, who process EEA Data on behalf of the speciallist Group, according to a data-processing agreement including EU-approved standard contractual clauses. We may also share EEA Data with other third parties for the purposes for which we receive the EEA Data (e.g., performance of contractual obligations and rights), and we may also disclose EEA Data where we are legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law or the Safe Harbor Principles and we have a legitimate business interest in such disclosure.


With respect to marketing emails, EEA Persons may opt-out of receiving further email marketing communications from speciallist by sending an email to opt-out @ speciallist.com (remove spaces when sending email) or by following opt-out instructions that are contained in each marketing email. EEA Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for us to provide the requested services.


Access and Review


 


If you are an EEA Person about whom we hold EEA Data, you may request access to, and the opportunity to update, correct or delete, such EEA Data. Deletion is subject to speciallist’s rights and obligations under EU and national law to preserve data. To submit such requests or raise any other questions, please contact speciallist or the business that provided your EEA Data to us. You can also contact our Safe Harbor Contact. We reserve the right to take appropriate steps to authenticate an applicant’s identity, to charge an adequate fee before providing access and to deny requests, except as required by the Safe Harbor Principles.


Safe Harbor Contact


If you have questions, please contact speciallist by sending a letter or email to speciallist Privacy Program, speciallist, Inc., c/o Legal Department, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA or privacy-office @ speciallist.com (remove spaces when sending email).


speciallist Vulnerability Reward Program


Program Description


As part of speciallist’s commitment to the security of our job seekers, advertisers, and publishers, we partnered withBugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an speciallist product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in speciallist’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.


Legal Notes


 


General Terms


Cookie Policy


Privacy Policy


Speciallist Ads Program Terms 


Job Posting Guidelines


speciallist Terms of Service Introduction


speciallist General Terms of Service


some way to indicate that we are not responsible for # of views, quality of views, responses, and we only do single relay etc


General Terms


By using this site, you agree to the following Terms of Service.



  • Accuracy and of Information. All information contained on this website is provided “as-is” and speciallist Inc. (“speciallist”) accepts no liability for the accuracy of such information


  • Modification of Agreement: speciallist reserves the right to revise the terms of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.

  • Limitation of Liability. You agree that Speciallist’s entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. Speciallist disclaims any and all loss or liability resulting from, but not limited to: (1) access delays or access interruptions; (2) data non-delivery or data miss-delivery; (3) acts of God; (4) the unauthorized use or misuse of your account information, username, or password; (5) interruption of service to your web site or email service. Speciallist is not liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action, whether in contract, tort (including negligence), or otherwise. In no event shall our maximum liability exceed one hundred ($100.00) dollars.


  • Indemnity. You agree to release, indemnify, and hold speciallist, our contractors, agents, employees, officers, directors, and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of the services.


  • Severability. The Terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.


  • Entire Agreement. This Agreement and the rules and policies published on our site constitute the complete and entire agreement between you and Speciallist regarding our services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent.





Cookie Policy


By using or accessing the Website, you are consenting to speciallist’s use of Cookies as follows:


This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not.  Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:



  1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.


  2. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.


  3. Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that speciallist referred to a third party website. These third party partner websites receive credit for the activity of users they refer to our Website, or give speciallist credit for the activity of users referred to such third party websites. We do not share any personal information or information about individual user activities with these partner entities.


Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.


Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your speciallist web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and speciallist’s job seeker web beaconPlease check the browser’s cookie settings support pages to confirm the most up-to-date instructions.


Google Chrome



  • Click the settings icon on the browser toolbar (three stacked lines)

  • Select ‘Settings’

  • Click ‘Show advanced settings’

  • In the “Privacy” section, click the ‘Content settings’ button

  • To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’

  • To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’

  • Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google:https://support.google.com/chrome/answer/95647


Mozilla Firefox



  • Click the menu button (three stacked lines) and choose ‘Preferences’

  • Select the Privacy panel

  • Set ‘Firefox will:’ to ‘Use custom settings for history’

  • To enable cookies: Check ‘Accept cookies from sites’

  • To disable cookies: Uncheck ‘Accept cookies from sites’

  • Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences


Safari on OSX



  • Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option

  • Click on ‘Privacy’

  • To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference

  • To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’

  • Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214


Opera



  • From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)

  • Click ‘Advanced’

  • Under “Cookies”, select an option for handling cookies

  • To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference

  • To disable cookies: Check ‘Never accept cookies’

  • Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software:http://www.opera.com/help/tutorials/security/privacy/


Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0



  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’

  • In the options window navigate to the ‘Privacy’ tab

  • To enable cookies: Set the slider to ‘Medium’ or below

  • To disable cookies: Move the slider to the top to block all cookies

  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies


Microsoft Internet Explorer 11 for Windows 10



  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’

  • In the options window navigate to the ‘Privacy’ tab

  • To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences

  • To disable cookies: Choose ‘Block’

  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies


Microsoft Edge



  • Click on ‘More’ and choose ‘Settings’

  • Under “Advanced settings”, select ‘View advanced Settings’

  • Under “Privacy and services – Cookies”, choose the option you want.

  • ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.

  • Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10-microsoft-edge-privacy-faq


If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies.


speciallist may also provide an employer with code for a Conversion Tracker to place on its website that pings the job seeker web beacon and tracks whenever a job seeker has applied to a job on that employer’s website. This Conversion Tracker will attribute an application to speciallist any time the job seeker started their search on speciallist, despite any intervening activity. speciallist does not and cannot collect any of the job seeker’s personally identifiable information and does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies speciallist that a job seeker has applied..


You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.


speciallist marketing service providers..


Changes To Our Cookie Policy


From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.


Privacy Policy



  1. Introduction


speciallist values the trust our users and customers place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information.


speciallist has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to speciallist when you access or use speciallist’s online and/or mobile services and websites, and software provided by speciallist on or in connection with such   services or websites (collectively, the “Site”). “speciallist” or “we” means speciallist Inc. if you are located in the United States, and speciallist Ireland Operations Limited if you are located elsewhere.


This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) speciallist may amend this Privacy Policy at any time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If speciallist is going to use Personal Information  (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then speciallist will notify users via email and/or by posting a notice on speciallist’s Site for 30 days prior to such use or by other means as required by law.



  1. Information Collected


When you create an speciallist account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). . In each such instance above, you will know what data we collect through the Site, because you actively submit it. 


In addition, as part of the standard operation of the Site, speciallist may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. speciallist reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. speciallist will store this information on its equipment or the equipment of third parties that speciallist has a relationship with for that purpose. If you create an speciallist account, information may be collected under your account email address.


If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. speciallist may create and assign to your device an identifier that is similar to an account number. We may collect the, device type,country, and any other information you choose to provide, such as user name, geolocation or email address



  1. Limitation of Use or Disclosure of Personal Data


Employers may disable an account, however Speciallist must preserve business records pertaining to that account to comply with its obligations under law. If a Job Seeker wants to delete a job application performed on Speciallist’s site, they will need to contact the prospective Employer directly to request deletion of their application. For job applications which you, the Job Seeker submit through Speciallist to an employer, (with related materials submitted), please note that your applications and materials may be controlled by an employer and we may direct you to that employer for personal data deletion requests



  1. Uses and Disclosures of Information


We may use any information collected pursuant to this Privacy Policy, including information that identifies you as a specific individual (“Personal Information”), for the purposes set forth in this Paragraph 4 and Paragraphs 5, 6, and 10 below. speciallist uses such information to provide our services and features to you, including to provide employer information to you, to measure and improve those services and features, and to provide you with customer support.


For example, speciallist uses your previous search and browsing history (e.g. the jobs you click on) to determine relevant search results and provide you with recommended jobs. speciallist may also provide information collected pursuant to this Privacy Policy, including Personal Information, to employers that may be interested in contacting you. By applying to a job, providing your contact information to show interest in a job, or by replying to a message from an employer, you consent to the disclosure of your information to that employer.


speciallist may also use information collected pursuant to this Privacy Policy to prevent potentially illegal activities and activities that are detrimental to you or others. speciallist may investigate and disclose information from or about you or your use of speciallist if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process (including subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or (c) may protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet  national security requirements. speciallist is subject to the investigatory and enforcement powers of the Federal Trade Commission or other investigatory bodies of the United States.


We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. We provide email proxy and relay services to the users of our speciallist products, including but not limited to: speciallist Resume, Saved Searches, speciallist Apply, and Post a Job. These email proxy and relay services depend on the functionality of third party providers. We monitor, review, store and analyze your content (including your resumes, cover letters, applications, messages, responses, offer letters and other materials) that you send, store or receive, including via automated means and otherwise, for data analysis, quality control, and to refine the Site or any other speciallist product or service (including to provide better search results and other listings for job seekers and employers, provide you with personally relevant product features, and to prevent fraud and reduce unwanted mail).


Any information shared by you with speciallist may be shared with or transferred to any speciallist affiliated


Transfer of Data to Third Parties


We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. These third parties may include (but are not limited to) service providers and vendors.


In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries.. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. You may also use certain third-party sites or services that you link to from speciallist’s Site. In such cases, all information you provide to a third party is provided to that third party and not to speciallist, and is subject to the third party’s privacy policy and terms of service. Please see the section below titled Links to Third-Party Sites for more information.


speciallist may use your IP address and mobile device information to help diagnose problems with speciallist’s service and to administer the Site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). speciallist may maintain   (as permitted by applicable law) information collected from you pursuant to this Privacy Policy following any termination of your relationship with speciallist. speciallist may also delete such information as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, speciallist will use such information only for the purpose of processing the payment. speciallist may also aggregate your data with other data, for the purposes set forth above.



  1. Contact and Resume Information


When you give speciallist contact information (such as your name and email address) and demographic information, you agree that speciallist may utilize this information as set forth herein. You agree that speciallist may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third partythrough your speciallist account or through other means such as email, telephone (including mobile phone), or postal mail,through the use of contact information that you may provide to Speciallist or that Speciallist may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, speciallist or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about speciallist, including promotional materials. speciallist may use demographic and/or profile data to tailor your experience on the Site, show you content that speciallist thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to Job Seekers who may want to contact you, to search engines, or to the general public by posting your Personal Information on the internet.


You acknowledge that speciallist may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other speciallist product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with speciallist and for whom speciallist has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. You may opt out of this feature on a going forward basis by editing your Privacy Settings; however, speciallist does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information. speciallist reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of speciallist’s services. At your direction, speciallist may also send your resume to third parties if you choose to apply for a job listing.



  1. Additional Uses and Disclosures of Non-Personal Information


In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use and disclosure, for any purpose, any information that does not identify you as a specific individual (“Non-Personal Information”), except where we are required to do otherwise under applicable law. Such Non-Personal Information may include, for example and without limitation: MAC addresses and other device identifiers; IP addresses; pixel tags and similar technologies; physical location information; and demographic information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include Personal Information that has been aggregated or deidentified. If we combine any Non-Personal Information with Personal Information (such as combining your ZIP code with your name), then we will only use and disclose such combined information for the purposes described in this Paragraph 6 and Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat Non-Personal Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information.



  1. Security


speciallist seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under speciallist’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. 8. Cookies


“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Please see our cookie policy for further information regarding speciallist’s use of Cookies.



  1. Links to Third-Party Sites


The Site may make available links to other websites. When you click on such links, you may leave our Site.The Site may also make available Company Pages, which may contain information provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.



  1. Acquisitions and Other Reorganizations


Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any change of ownership or control in speciallist’s business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), and any such information may be used by such third party in accordance with this Privacy Policy.


11Reserved



  1. Do Not Track Requests

  2. Opting Out


If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt out of receiving such marketing related messages by sending an email to optout @ specialist.com.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable.



  1. Independent Dispute Resolution

  2. General Inquiries and Complaints


You may contact speciallist, Inc. at 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and you may contact speciallist Ireland Operations Limited at 124 St. Stephen’s Green, Dublin 2, Ireland; or you may contact either company via our Site contact form.


speciallist Terms of Service Introduction


Last Updated: September 26, 2016


When you access or use speciallist’s online and/or mobile services and websites, including any speciallist mobile application (collectively the “speciallist Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of speciallist on or in connection with such services or websites (collectively, the “Site”), , or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service of the Agreement..


The Site is made available for use by individuals seeking employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”), and by individuals and/or organizations seeking to participate in the speciallist Publisher Program (“Publishers”). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.


We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.


This Agreement hereby incorporates by this reference any additional terms and conditions posted by speciallist through the Site, or otherwise made available to you by speciallist. In particular:



  • If you access or use the speciallist Resume Program, you are agreeing to be bound by the 

  • If you access or use the speciallist Publisher Program, you are agreeing to be bound by the 

  • For all other uses of the Site, you are agreeing to be bound by the speciallist General Terms of Service


speciallist General Terms of Service



  1. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

  2. Job Listings


speciallist may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through speciallist’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom speciallist exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. speciallist does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. speciallist assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that speciallist may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by speciallist, and are not a direct reflection of the actual Job Listing.


1(a) 


1(b) If you are an Employer, when you create an speciallist account or post a Job Listing on the Site, you agree that this Agreement and all of speciallist’s policies, including the speciallist Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Sites or indicating an interest in such Job Listings.    1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, speciallist may, for example, use such materials for data analysis, quality control, or to refine the Site or any other speciallist product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, speciallist may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to speciallist taking such actions. speciallist assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact speciallist to do so. speciallist does not promise to correct any inaccuracy.


1(d) Regardless of whether you are an Employer or Job Seeker, speciallist may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that speciallist may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. speciallist may also use such information in order to improve the Site or any other speciallist product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).


1(e)


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  1. External Sites


The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that speciallist is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.


In addition, speciallist may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not speciallist.



  1. Use of Site


speciallist’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase speciallist services that utilize the Site, you must have a prior written agreement with speciallist to do so, or have accepted speciallist’s online terms of service. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames, for any reason.



  1. User Content


You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.


speciallist reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that speciallist may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on speciallist that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.


Without limiting the generality of the foregoing, speciallist reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.


Please note: Section 230 of the U.S. Communications Decency Act provides that:


(1) Treatment of publisher or speaker


No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.


(2) Civil liability


No provider or user of an interactive computer service shall be held liable on account of-


(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or


(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).



  1. License to User Content and Feedback


Only to the extent permitted by law, if you post content or submit material to speciallist, including photographs or material you submit for a job solicitation hosted on speciallist, you grant speciallist a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the speciallist website or its publisher partners, maintaining the speciallist website and promoting speciallist without restriction. Furthermore, you grant to speciallist, its affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such User Content or speciallist marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to speciallist for association with a particular Job Listing, speciallist shall not post such content anywhere other than the Employer(s)’s Job Listing.


You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless speciallist and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow speciallist to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact speciallist for more details.


At your discretion, you may provide feedback and related materials to speciallist concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to speciallist a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that speciallist may disclose any or all Feedback to any third party in any manner, and you agree that speciallist may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place speciallist under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, speciallist does not waive any rights to use similar or related ideas previously known to speciallist, or developed by its employees, or obtained from sources other than you.



  1. Site Rules


You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by speciallist, unless you have been specifically allowed to do so in a separate, written agreement with speciallist. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with speciallist, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that speciallist has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which speciallist may suffer) of any such breach.


You agree that you shall not transmit to speciallist or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:



  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:


    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

    • data mining any speciallist property;

    • sending messages to users who have asked not to be contacted;

    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and



  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.

  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

  • Conduct or forward pyramid schemes or similar programs.

  • Transmit content that may be harmful to minors.

  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.

  • Violate the legal rights (such as rights of privacy and publicity) of others.

  • Promote or encourage illegal activity.

  • Interfere with other speciallist users’ enjoyment of the Site.

  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any speciallist account.

  • Modify, adapt, translate, or reverse engineer any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

  • Reformat or frame any portion of the web pages that are part of the Site without speciallist’s explicit written permission.

  • Contact other speciallist users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics speciallist considers detrimental to its users.

  • Create multiple speciallist accounts without permission.

  • Create multiple speciallist accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

  • Bypass any limitations or suspensions of functionality.

  • Provide false information.


speciallist reserves the right to use any User Content (including the content of messages or material sent through or to the Site or speciallist) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. speciallist reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and speciallist shall not be responsible or liable for any such suspension or termination, including any consequences thereof. speciallist reserves the right to drop any email with a .exe or .zip attachment for any or no reason.



  1. Registration; Contact Information


Some areas of the Site, including areas that may permit you to set up an speciallist account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. speciallist is not responsible and disclaims all liability if your email is used improperly or falsely by a third partyWe reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames.


You agree that speciallist may, as part of its services to you, communicate with you, or initiate communication with you, through your speciallist account or through other means such as email, , including through the use of contact information that you may provide to speciallist or that speciallist may otherwise obtain from third-party sources. By providing Speciallist with a mobile phone number, you expressly consent to receiving communication via such mobile number8. Disclaimer of Warranties


speciallist disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the speciallist search results (including Jobs Listings) or otherwise made available on the Site by speciallist or third parties (including User Content), regardless of whether paid for or used for free. speciallist disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). speciallist disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall speciallist be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall speciallist be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from speciallist’s Site.


speciallist further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by speciallist as a result of technical problems or traffic congestion on the Internet or any any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services.  Under no circumstances will speciallist be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.


THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY specialList.


YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.



  1. Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL SPECIALLIST OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SPECIALLIST OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SPECIALLIST TO USE THE SITE.


Without limiting the foregoing, under no circumstances shall speciallist or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.



  1. Claims of Infringement


U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by speciallist infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow speciallist to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send speciallist a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to speciallist Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ speciallist.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.


Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.



  1. Governing Law and Dispute Resolution


this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of New York., United States of America, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New York County, U.S.A.,. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New York County, New York, U.S.A12. Class Action Waiver


By using the Site and in return for the services offered by speciallist, you acknowledge that speciallist can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue speciallist as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against speciallist regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.



  1. Filtering


We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.



  1. Information or Complaints


If you have a question or complaint regarding the Site, please use our . When you use the speciallist Help Center, you are accessing a third party site UserVoice and consent to receiving cookies from UserVoice, as set forth in their . Please note that communications within UserVoice will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.



  1. Miscellaneous


This Agreement (including the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms (if applicable to you), the speciallist Ads Program Terms, speciallist Resume Program Terms, speciallist Mobolt Terms, speciallist Prime Terms and speciallist Targeted Ads Terms will govern with respect to the speciallist Ads Program, speciallist Resume Program, speciallist Mobolt, speciallist Prime and speciallist Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by speciallist. This Agreement, together with any amendments and any additional agreements you may enter into with speciallist in connection with the Site, shall constitute the entire agreement between you and speciallist concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.


By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of speciallist’s proprietary rights in them.


You understand and acknowledge that speciallist or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. speciallist reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.


Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same speciallist party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable speciallist party identified in the first paragraph of this Agreement with respect to such new territory.


Any notices to speciallist must be sent to the applicable speciallist entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., speciallist Ads Program, speciallist Resume Program, speciallist MoBolt or speciallist Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your speciallist Ads interface).


You may not assign or delegate any of your rights or obligations hereunder without speciallist’s prior written consent and any such attempt is void. speciallist may freely assign or delegate its rights and obligations hereunder without notice to you. speciallist and you are not legal partners or agents, but are independent contractors.



  1. Apple-Specific Terms


In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to speciallist in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, speciallist’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.



  1. The speciallist Apps


By using any of the speciallist Apps, including but not limited to the speciallist Job Search, speciallist Resume Search, speciallist Employer, speciallist Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the speciallist App.  Additionally, you agree that the speciallist App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  By downloading and using the speciallist App, you are asking speciallist to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your speciallist Resume.  You further acknowledge that your use of the speciallist Apps may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the speciallist App, and speciallist disclaims all responsibility for such data usage. In addition, if you allow speciallist Apps to utilize location services, the speciallist Apps may suggest to you and collect from you certain information based on your geographic location.



  1. Use of Site by Minors


The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use speciallist under the supervision of a parent or legal guardian, or responsible adult.



  1. speciallist Resume/CV Program Terms


These Speciallist Resume Program Terms or Speciallist CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the 


 


 


 


 


 


Cancellation


Once you have requested that Speciallist contact a Resume Owner, you may not revoke such request.



  1. Your Information


You represent and warrant that all information you provide to Speciallist is correct and current. You represent to Speciallist that you are an Employer interested in considering the Resume Owner as a potential employee.



  1. Disclaimer and Limitation of Liability


SPECIALLIST’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO SPECIALLIST IS VALID, THAT ANY EMAIL SENT BY SPECIALLIST AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.


EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SPECIALLIST BY YOU FOR THE SPECIALLIST RESUME SERVICE GIVING RISE TO THE CLAIM.



  1. Payment


You shall be charged if, and as, indicated by the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Speciallist incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Speciallist products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the absolute discretion of Speciallist and only in the form of credit for Speciallist services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Speciallist may be shared by Speciallist with companies who work on Speciallist’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Speciallist and servicing your account. Speciallist may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Speciallist shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Speciallist shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.



  1. Indemnification


You shall indemnify, defend and hold harmless Speciallist, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.



  1. speciallist Ads Program Terms


This would be our program where we allow recruiters to pay to have their jobs prioritized in job searches so they show up on the first page(s). I am not quite sure how Speciallist does this since they use a bid-model to determine priority; right now we have a flat-rate which means we have just two positions really; Sponsored Ads first and non-sponsored ads after. Because we can have multiple recruiters who want their ads sponsored, we therefore use a random sort per user session. This allows us to make sure each user gets consistent results in a given session for their searches and that each recruiter will be included in the Sponsored group and then randomly assigned priority. In theory each one would get a chance to be 1st, 2nd, 3rd, etc but we can’t guarantee that.


I’d also like to point in the TOS that:



  • we use a third-party program, ClickMeter to track Impressions and Clicks which we use to bill/debit for clicks.

  • We only debit for clicks they classify as ‘Unique’ and not for ones classified as ‘Non-Unique’ or Spider Clicks. Their definition/classification is as follow:

    • Uniques: “Made from a real users” – these clicks represents the number of visitors who clicked on a tracking link or visited a webpage. We check that the IP from where the click came from is unique within last 30 minutes (this default time for the web-marketing industry).

    • Spiders: ““Not human clicks” – these are coming from robots or web-spiders (such as search engines crawlers, rss feed generators, validators, etc…).”

    • Non-Unique: “Multiple clicks” – All other clicks. Practically are all the clicks made from the same person after the first click.

      • From specialist’s perspective these are not billed even though they are Human clicks since they can be accidental, malicious,,and/or simply a user revisting a job listing they did prior during the same session and should therefore not be debited again.



    • Our report will show the Total. Unique, Non-Unique and Spider Clicks registered by ClickMeter so that users may confirm that their Debited/Billed Clicks match the Unique # reported by ClickMeter only

    • That we also provide a link in their report to take them to the third-party site ClickMeter to view the data we base their report on our site on directly.

    • That we are not responsible for the accuracy of timeliness of ClickMeter’s data, that it is provided as a third-party independent service to maintain accuracy and transparency to the user.Rollovers: We also indicate Rolled Over Clicks which are clicks not used in a given month and added to the next months total/purchase. I think we need to indicate that:

      • Not transferable

      • Not refundable

      • No cash value

      • Expire in say 1 year?



    • No Guarantee of position, guarantee of listed in the Sponsored Ad priority in random order.

    • Sponsored Ads will also list as Sponsored Ads by CompanyName with link that will filter jobs to just that company

    • Sponsored Ads will (for now) will be prioritized in Saved Search emails which include 5-10 sample matches when they meet the criteria of the Search, again in a randomized basis.

    • Related to this we are offering the first X# of users John Frey gets to buy pre-paid click packages (probably $999 for 6,660 clicks at 15 cents per click) a price-guarantee for a 12 month period starting from when they purchase that package which will freeze their rate at 15 cents as a “Prime Rate” regardless of if or what we raise clicks to or if we offer premium positions/options at higher rates during that period. In other words e.g say we offer Top 3 Position for 50 cents per click their pre-purchased clicks and any additional they buy in that first 12 months will qualify they for that. Likewise if we change our policy so that sponsored jobs pushed into Save Search emails are a premium offering they will qualify for that as well.





THE REST OF THIS BELOW IS SPECIALLIST’S ‘AD PROGRAM’ TERMS FOR SIMILAR OFFERING


These speciallist Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the speciallist Terms of Service(the “Agreement”), and apply to any Employer who accesses or uses the speciallist Ads Program, or who otherwise indicates its acceptance of these speciallist Ads Program Terms.


Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.



  1. The Program


Use of the speciallist Sponsored Ads Program (“Program”) on or through the Site is subject to all applicable speciallist terms and policies, including without limitation the speciallist Privacy Policy () and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. speciallist policies may be modified at any time. With regards to any job advertisements posted on speciallist, either for payment or posted for free and including jobs provided to speciallist via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by speciallist (“speciallist Property”), and (z) any other content or property provided by a third party (“Partner”) upon which speciallist places Job Ads or provides search results of Job Listings (“Partner Property”). You shall direct only to speciallist any communications regarding Job Ads. By posting a Job Ad, including by XML feed, on speciallist: (i) you authorize speciallist to reformat and host the Job Ad to be effectively displayed on a mobile device and (ii) you authorize speciallist to reformat and host the Job Ad on an speciallist hosted page so it can be displayed more effectively on speciallist or its publisher network. All dashboards will reflect the total click count, including the clicks on the speciallist reformatted and hosted page and clicks in “Saved Search” emails (“Alert Emails”) sent to users who requested them. In the event you provide speciallist with an End Date beyond which your Job Ad shall not run, thirty days before such End Date speciallist may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. speciallist may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on speciallist. Job Ads posted directly on speciallist may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by speciallist will expire after a certain period of time and speciallist is unable to restore their visibility. speciallist may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”) or in Alert Emails. Featured Employer is awarded at speciallist’s sole discretion.. The Featured Employer program may be changed or removed by speciallist at any time, at speciallist’s sole discretion.  ..


Posting Jobs directly



  • Jobs will appear the following day

  • User Agrees as long as job is active it is subject to Sponsored Ad Debit/Billing

  • User can pause any/all Posted Jobs

  • Use can provide End Date at which point the job will no longer be displayed and the Active Status will be automatically updated.

  • User can change the End Date at any time after the End Date to reactivate the job, as long as End Date is in the future it will then return to Active Status

  • User can delete any job.

  • When Posted/Active will be “subject” to any sponsored ad quota left and debit accordingly.

  • Pausing Posted Job or Jobs: You may Pause a job, jobs or all jobs from your user account. Paused jobs will stop appearing in relevant (or any) job searches the following day. You may un-Pause any or all jobs you have previously paused, these will show up in any relevant job searches the following day.

  • Deleting Posted Job or Jobs: You may delete a job or jobs from your user account. Deleted jobs will stop appearing in job searches the following day.



 


Positng via Page Feed



  • User provides us with job results page e.g. http://nchcr.com/healthcare-job-opportunities and job details page http://nchcr.com/healthcare-job-opportunity-details?JobID=49600

  • User affirms they have the right to do so (?)

  • User grants permission to speciallist to spider/crawl/store that page data each day and store on our servers with all the permissions implied in the first clause re reformat etc

  • Takes up to 3 days to customize the feed to ours so jobs will not appear immediately will email when they are active

  • Might add something here about $50 Minimum Click Purchase

  • You may pause your job feed at any time from your user account, the jobs from that feed will stop appearing in any searches or user saved search emails the following day.

  • If you wish to remove any particular job or jobs from your job feed you must do so from the feed you provide us itself, we provide no means for you to do so since you provide us with that feed. Any jobs you remove, modify or add to that feed will not be reflected in the job search until the next day.


Job Applications and other communication from candidates viewing your jobs:



  • Candidates who apply or otherwise contact you from jobs you provide us via an XML feed will by definition occur from your own site and specialList is not responsilble for such communiucation

  • Candidates who apply from Job Postings can apply to your job and contact you via the Job Page and Applicatiion form provided for each Job Posting by speciallist. We are not responsible for the number, content and quality of candiates or communication. We have taken significant measures to prevent spam and bots as well as significant measures to match jobs to candidate searches to increase the relevance of applications/communications you receive but are non-the-less not responsible for such communication.



  1. Cancellation


Unless otherwise stated in an Insertion Order or other agreement to advertise with speciallist, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). speciallist may immediately cancel the Program or these IAP Terms at any time upon notice. speciallist may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.


Cancellation only refers to display of jobs via:



  • Pausing any or all posted jobs from the user admin account

  • Deleting any or all posted jobs from the user admin account

  • Pausing the XML Job Feed from the user admin account


Cancellation also refers to any recurring billing set-up for sponsored ads if that is offered and has been purchased


Cancellation does not imply refund of any unused purchased clikcks which are non-refundable, non-transferable and have no cash value. Any remaining unused clicks will be available to the user for a period of 180 days following the cancellation. (some note here to protect if we go out of business etc.?)



  1. Prohibited Uses


You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant speciallist and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. speciallist or Partners may reject or remove any Job Ad, and speciallist may disable any Employer’s account, for any or no reason without notice. For examples of why speciallist may reject such Job Ads from Employers, refer to the Job Posting Guidelines. speciallist may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in speciallist’s sole discretion. This requirement may be made in speciallist’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by speciallist. Additionally, speciallist may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, speciallist reserves the right to include or reject any or all of your Job Ads. For examples of why speciallist may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, speciallist reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the speciallist Site may harm speciallist and its users.  4. Disclaimer and Limitation of Liability


SPECIALLIST’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, SPECIALLIST AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. speciallist and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or speciallist Property or sections of such properties, (iv) clicks or (v) conversions for any Creative. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SPECIALLIST BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.



  1. Payment


You shall be charged based on actual clicks or other billing methods you may choose online. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the 


 you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars,. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees speciallist incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all speciallist products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on speciallist’s click measurements which are tabulated by an independent third-party company, ClickMeter and the definition of a billable/debitable click are ones reported by ClickMeter as ‘Unique’ only, not Non-Unique or Spider. speciallist’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of speciallist and only in the form of advertising credit for speciallist Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to speciallist may be shared by speciallist with companies who work on speciallist’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to speciallist and servicing your account. speciallist may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. speciallist shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and speciallist shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.



  1. Indemnification



  1. Purchase Ads


You shall indemnify, defend and hold harmless speciallist, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.



  1. speciallist

  2. speciallist Prime Terms


Last Updated: September 15, 2016



  1. speciallist Targeted Ads Terms


speciallist MoBolt Terms


.


SPECIALLIST GENERAL EEA SAFE HARBOR NOTICE (recognized until October 6, 2015)


Scope of Safe Harbor Certification


speciallist, Inc. (“speciallist” or “we”) recognize that the European Community has established a data protection regime pursuant to Directive 95/46/EC, which applies to the European Economic Area (“EEA”) and that Switzerland (“CH”) has also established a data protection regime which applies to CH that restricts companies in the EEA/CH in transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow our subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and Swiss legislation, we adhere to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that we receive from our subsidiaries, customers and other business partners. Our Safe Harbor Certification does not extend to data that we receive directly through speciallist’s publicly accessible websites. More information on the Safe Harbor Principles and speciallist’s scope of participation is available at https://safeharbor.export.gov/companyinfo.aspx?id=27770.


Scope of this Notice


This Notice does not apply to employees of speciallist or our subsidiaries; this Notice addresses other data subjects residing in the EEA and CH (collectively, “EEA Persons”) whose data we may receive from one of our subsidiaries, customers, suppliers or other business partners in the EEA/CH e.g., referral partners, integration partners, etc.


Categories of EEA Data


We receive certain information related to individual independent contractors, and employees and individual representatives of speciallist’s corporate business partners (including vendors and advertising customers). Such EEA/CH Data includes, without limitation, names, addresses, work phone numbers, work email addresses, and any other personal data that are affirmatively provided to speciallist, Inc. in order to manage our business relationship.


We also provide data processing services to affiliated and unaffiliated entities. Subject to a data-processing agreement including EU-approved standard contractual clauses, we process any information that such entities instruct us to process, on their behalf and subject to their direction, such as resume data of persons in the EEA/CH. When we receive EEA/CH Data from another company in the EEA/CH for processing, the categories of data sent and the purposes of processing depend on such other company (the data controller) and on the relationship the data controller has with the relevant data subjects.


Purposes


We collect and use EEA Data for purposes of providing products and services to our customers, communicating with corporate business partners about business matters, processing EEA Data on behalf of corporate customers, providing information on our services, and conducting related tasks for legitimate business purposes.


Disclosure


We share EEA Data with our subsidiaries, affiliates and contractors, who process EEA Data on behalf of the speciallist Group, according to a data-processing agreement including EU-approved standard contractual clauses. We may also share EEA Data with other third parties for the purposes for which we receive the EEA Data (e.g., performance of contractual obligations and rights), and we may also disclose EEA Data where we are legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law or the Safe Harbor Principles and we have a legitimate business interest in such disclosure.


With respect to marketing emails, EEA Persons may opt-out of receiving further email marketing communications from speciallist by sending an email to opt-out @ speciallist.com (remove spaces when sending email) or by following opt-out instructions that are contained in each marketing email. EEA Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for us to provide the requested services.


Access and Review


 


If you are an EEA Person about whom we hold EEA Data, you may request access to, and the opportunity to update, correct or delete, such EEA Data. Deletion is subject to speciallist’s rights and obligations under EU and national law to preserve data. To submit such requests or raise any other questions, please contact speciallist or the business that provided your EEA Data to us. You can also contact our Safe Harbor Contact. We reserve the right to take appropriate steps to authenticate an applicant’s identity, to charge an adequate fee before providing access and to deny requests, except as required by the Safe Harbor Principles.


Safe Harbor Contact


If you have questions, please contact speciallist by sending a letter or email to speciallist Privacy Program, speciallist, Inc., c/o Legal Department, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA or privacy-office @ speciallist.com (remove spaces when sending email).


speciallist Vulnerability Reward Program


Program Description


As part of speciallist’s commitment to the security of our job seekers, advertisers, and publishers, we partnered withBugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an speciallist product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in speciallist’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.


Legal Notes