These Terms constitute a binding agreement between You and Monster Worldwide, Inc. (“Monster”), and are deemed accepted by You each time that You use or access the App or Service. If You do not accept the Terms stated here, do not use the App or the Service.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES YOU TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
Monster may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the App and Service suspended or terminated, at Monster’s discretion.
1.DESCRIPTION OF SERVICE
The App provides access to a service (the “Service”) through which certain parts of Your background will be verified by a third party and, if You are found eligible, You will be able to schedule interviews with employers for relevant job openings. The membership criteria of the Service requires that You consent in writing and submit to a third party background check by a third party consumer reporting agency. You will receive a separate document consisting solely of the disclosure telling You what background will be run and then You will receive a separate authorization to sign. Once the background check is completed, You will have the ability to confirm that all information contained in the background check is accurate. After Your confirmation, information from the background check will become part of Your verified profile for the Service. The information in Your background check will be analyzed to determine if You meet the membership criteria for the Service. If You are not eligible for membership, You may instead access job openings available in the App through the regular monster.com website or mobile application. If You are eligible for membership, You will be matched to job openings based on Your preferences and the information contained in Your verified profile and will be able to sign up for interviews for those openings. Each time You sign up for an interview for a position within the App, You are requesting and directing that a copy of Your verified profile be provided to that employer through the App. You agree that You will initiate any initial interaction with any employer whose job openings are shown to you in the App exclusively through the App by signing up for an interview with the employer. Further communication may take place outside of App only after you have completed the interview. If requested, You will notify us promptly of any job offer you accept that results from your activity within the App or Service.
We serve as intermediary between candidates and employers. Monster is not involved in any contract of employment and is not bound by any contractual agreement arising between candidates and employers, whether or not Monster receives some form of remuneration in connection with the transaction. Your interaction with an employer may result in the employer extending an offer for employment to You. You may, in Your sole discretion, accept or reject a job offer.
The Service is only available for individuals located in the United States aged 18 years or older. If You are under 18 years of age, please do not use the Service.
2.ELECTRONIC SIGNATURE CONSENT
You will be required to complete electronic documents in connection with Your application to join the App and Service and receive legal and other notices throughout Your employment electronically. During this process, You will be asked to "sign" one or more of the documents with an electronic signature. Once the signature process is completed, Your electronic signature will be binding as if You had physically signed the document by hand. If at any point You would like to withdraw Your consent for Your electronic signature, or if You need to update information needed to contact You electronically, please contact Monster at firstname.lastname@example.org. Any withdrawal of consent will be effective as of the date it is received. By accepting these Terms, You consent to provide an electronic signature rather than a handwritten signature in connection with any application for membership in the Service and whenever You sign documents through the App and to receive any required legal or other notices electronically through the App.
3.CHANGES TO THE APP OR SERVICE
We may, without prior notice, make changes, corrections or improvements to the App or Service; stop providing the App or Service or features of the App or Service, to You or to users generally; or create usage limits for the App or Service. We may permanently or temporarily terminate or suspend Your access to the App or Service without notice and liability for any reason, including if in our sole determination You violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, You continue to be bound by these Terms.
In order to access and use the App and Service, You must register by creating an account and applying for membership in the Service. We are under no obligation to accept any individual for membership in the Service or allow anyone to use the App, and may accept or reject any application or usage request in our sole and complete discretion. You may never use another user’s account without permission. During the registration process, You will have to provide Your name, email address, phone number and other information and You will be asked to create a password for Your account. You represent and warrant that all registration information You submit to us is truthful, complete and accurate, and You will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of Your account and passwords. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your account and passwords, whether or not authorized by You. You agree to immediately notify Monster of any unauthorized use of Your account or passwords. You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information may be deleted from Monster's databases.
The App and Service requires the use of a mobile device. You agree that information about You and Your use of the App may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the App may cause data to be displayed on and through Your mobile device. You acknowledge You are responsible for all charges and necessary permissions related to utilizing the App through Your mobile access provider. By entering Your mobile phone number in the App, You consent to receive text message communications from Monster. Message, voice and data rates may apply. You are responsible for all costs associated with the receipt of Monster text messages.
By accessing and/or using the App and/or Service, You hereby agree that:
- You will not use the App and the Service for any unlawful purpose or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use the App and the Service to collect any market research for competing businesses;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You agree not to engage in any of the following prohibited activities:
- opying, distributing, or disclosing any part of the App or Service in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Monster’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browsers;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the App;
- collecting or harvesting any personally identifiable information, including account names, from the App;
- using the App or the Service for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- create multiple accounts for You for any reason, including, without limitation, in order to obtain the same promotion multiple times; or
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Whether inside or outside of the United States, You are solely responsible for ensuring compliance with the applicable laws of Your specific jurisdiction. We reserve the right, in our sole and absolute discretion, to deny You (or any device) access to the App or Service, or any portion of the App or the Service, without notice.
Except for any content provided by employers, the App and the Service and all materials contained therein, including, but not limited to software, text, graphics, copy, images, artwork, logos, trademarks, service marks, copyrights, sound recordings, audiovisual works, photographs, content belonging to other users, including, but not limited to, all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Service (collectively referred to as the “Monster Content”), and all intellectual property rights related thereto, are the exclusive property of Monster and its licensors (including, but not limited to, other employers, candidates and users who post content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Monster Content, or otherwise use the Monster Content in any way for any public or commercial purpose. Use of the Monster Content for any purpose not expressly permitted by these Terms is strictly prohibited. The use or posting of the Monster Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The use of the App and Service is at Your own risk. Changes are periodically made to the App and Service and may be made at any time. Monster cannot guarantee and does not promise any specific results from use of the App or Service.
TO THE FULLEST EXTENT POSSIBLE BY LAW, MONSTER DOES NOT WARRANT THAT THE APP OR SERVICE WILL OPERATE ERROR-FREE OR THAT THE APP AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE APP AND SERVICE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MONSTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MONSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE APP, SERVICE, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
NONE OF MONSTER, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MONSTER PARTIES”) ENDORSE ANY EMPLOYER, JOB OPPORTUNITY OR ANY CONTENT MADE AVAILABLE BY ANY EMPLOYER THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE SERVICE MERELY ASSISTS IN MATCHING CANDIDATES TO JOB OPPORTUNITIES THAT MEET THEIR REQUIREMENTS. NONE OF THE MONSTER PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN CANDIDATES AND EMPLOYERS OR FOR ANY RESULTS CAUSED BY USING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE MONSTER PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF SUCH MONSTER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY YOUR USE OF OF THE APP, THE SERVICE OR THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless Monster, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any candidate information or other material You provide to the App, (ii) Your use of the App or Service, or (iii) Your breach of these Terms. Monster shall provide notice to You promptly of any such claim, suit, or proceeding.
The App and the Service may contain links to third-party websites or applications (“External Sites”). These links are provided solely as a convenience to You and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if You have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access linked External Sites, You do so at Your own risk.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the App and is accessible on the App in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at:
Monster Worldwide, Inc.
Attn: Legal Department-DMCA
133 Boston Post Road
Weston, Massachusetts 02493
Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the App, You agree not to use the App to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the App of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the App and/or terminate the accounts of any time, in our sole discretion users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in above.
AGREEMENT TO ARBITRATE
This Agreement contains an Arbitration provision, which will, with limited exception, require You to submit disputes You have against Monster to binding and final arbitration. You will only be permitted to pursue claims against Monster on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
If You are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 12 is enforceable, the following mandatory arbitration provisions apply to You:
A. Binding Arbitration
This Section 12 is referred to in this Agreement as the “Agreement to Arbitrate”. You agree that any and all disputes or claims that have arisen or may arise between You and Monster or its affiliates, whether relating to the App or the Service, this Agreement (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Monster agree that this Agreement to Arbitrate is made pursuant to and shall be governed under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). For purposes of contract interpretation, and to the extent the FAA does not apply or does not govern a particular issue, the parties agree that the laws of the Commonwealth of Massachusetts apply to and govern the Agreement.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by You and Monster. Your arbitration fees and Your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and Monster may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and Monster agree that any arbitration shall be limited to the Dispute between Monster and You individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
CLASS ACTION/JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE APP OR THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Monster makes no claims or representations that the App, Service or Monster Content may be lawfully viewed or accessed outside of the United States. Access to the App, Service or Monster Content may not be legal by certain persons or in certain countries. If You access the App, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
These Terms, together with any amendments and any additional agreements You may enter into with Monster in connection with the Service, shall constitute the entire agreement between You and Monster concerning the Service. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Notwithstanding the foregoing or anything else in these Terms, the parts of these Terms that state they are perpetual or are otherwise intended to survive any termination of these Terms will survive the termination.
Last updated October 1, 2018