You understand and agree that the Chegg CareerMatch Beta product (the “Product”) is a beta release which may contain errors or inaccuracies. Your use of the Product is both voluntary and without any warranties or indemnities from Chegg. Chegg reserves the right to modify the Product and these Terms of Service. You agree to only use the Product for testing and evaluation purposes. You agree that Chegg may contact you from time to time for feedback about the Product and you agree that Chegg will be free to use any feedback you provide for any purpose.CHEGG IS PROVIDING YOU ACCESS TO THE PRODUCT SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING AND USE OF THE PRODUCT, AND IN NO EVENT WILL CHEGG BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHEGG SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES INCURRED AS A RESULT OF YOUR TESTING OR USE OF THE PRODUCT. IN NO EVENT SHALL CHEGG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
Chegg CareerMatch Terms of Service
Last Updated Date: November 10, 2017
Chegg, Inc. (“Chegg”, “our”, “us” or “we”) provides Chegg CareerMatch, an online platform connecting job seekers and individuals or companies with available job openings, among other services (collectively, the “Services”) through our website, accessible at www.CareerMatch.com or www.cheggtalent.com (during beta) (the “Site”). The Services include the ability for Users (defined below) to interact via the Chegg platform’s interface or other methods as may be made available by Chegg from time to time.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE CHEGG CAREERMATCH TERMS OF SERVICE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “LEGAL DISPUTES” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “LEGAL DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CHEGG WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Key Service-related Terms
“Content” means text, graphics, images, software, audio, video, information, or other materials.
“Collective Content” means, collectively, Chegg Content and User Content.
“Chegg Content” means Content that Chegg makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.
“User” means a person or entity who accesses the Site, with or without registering, (e.g. a job seeker or employer, among others).
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS WHO ARE SEEKING EMPLOYMENT OPPORTUNITIES AND USERS WHO HAVE OPEN EMPLOYMENT POSITIONS. YOU UNDERSTAND AND AGREE THAT CHEGG IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. AS MORE FULLY DETAILED BELOW, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABE LAW, CHEGG DISCLAIMS ALL LIABILITY RELATED TO USE OF THE SITE OR THE CONDUCT OF USERS. ACCORDINGLY, ANY MEETINGS OR COMMUNICATIONS (VIRTUAL OR OTHERWISE) BETWEEN USERS, AND ANY FUTURE EMPLOYMENT OR OTHER RELATIONSHIP WHICH USERS MAY ENTER INTO, ARE DONE AT THE PARTIES’ SOLE RISK.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Chegg CareerMatch Terms of Service and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the terms and conditions posted for the specific area of the Site, Services, or Collective Content will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE CHEGG CAREERMATCH TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE CHEGG CAREERMATCH TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you are using Chegg CareerMatch on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Chegg CareerMatch Terms of Service and hereby do so. In such event, “you” and “your” will refer and apply to that company or other legal entity.
Eligibility; Account Registration
To use the Site and the Services as a job seeker, you must be 18 years of age or older or at least the age of majority in the state or country where you reside. Certain features or functionality may additionally require you to register and create an Account. To use the Site as an employer, or the authorized agent(s) of an employer, you must be 18 years of age or older or at least the age of majority in the state or country where you reside, register and create an Account, and provide information about your company, upon Chegg’s request, for vetting and verification purposes. Other registration requirements (such as the requirement for individuals to contribute at least one resume or, in the case of employer Users, to maintain at least one active job posting on the Site) may also apply. You understand that Chegg may use third party sources, data, and companies to assist Chegg in vetting and verification processes. You may not use CareerMatch if we have terminated your account or banned you.
You can register to use the Service by establishing a username (email address) and password with the Service or by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the personal information you have provided to the SNS (such as your “real” name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and we will use that information to assist you to create your account. The information we obtain may depend on the privacy settings you have with the SNS.
When you register with Chegg and set up your Account, you: (i) agree to provide Chegg with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize Chegg, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your username, password, and corresponding Account information. You agree not to disclose your password to any third-party. You will immediately notify Chegg of any unauthorized use of your username, password, or Account. You agree that you will not permit, enable, introduce, or facilitate persons who do not have an Account to have access to the features of the Site and Services only made available to registered users.
We may update your Account or profile with information we extract from resumes or other Content you upload to CareerMatch. If you choose to create a profile or Account, or if you upload a resume or other Content to the Site or the Service, you permit us to share that information with prospective employers and recruiters and you agree to be contacted by Chegg or by prospective employers and users, including via email to the address you provide.
Third-Party Content on CareerMatch
Content from other users, advertisers, and other third parties is made available to you through CareerMatch. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other Users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by Users, advertisers, and third parties.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on CareerMatch.
Applying on CareerMatch
Some of our job postings may allow you to complete and submit your application on CareerMatch. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you submit an application on CareerMatch, we send your application, resume, or cover letter to the most appropriate contact information we have on file for that employer. While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.
In certain markets we may offer salary estimates for job roles, and salary estimates for specific job openings. Unless otherwise indicated, we estimate base salary only and do not include the value of bonus, equity, benefits, or other forms of compensation. Though we may offer employers the ability to supplement or replace our salary estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified salaries, guarantees of actual salaries, or endorsements from employers. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement CareerMatch’s salary estimates with other research.
Provisions Applicable To Employers
You represent and warrant that any job or employment opportunity posted on CareerMatch:
- Complies with the applicable laws and regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Does not contain false information or solicit employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Does not require an application fee or payment of any kind; does not resemble a multi-level marketing scheme, franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement
- Does not include any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Complies with Title VII of the Civil Rights Act or the EEOC’s Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records in Employment Decisions, and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant’s criminal history until later in the hiring process.
- Does not discriminate against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in CareerMatch’s reasonable discretion.
Unless we agree otherwise, advertisers, including employer Users who purchase job ads or display ads, may not use or otherwise process data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of ad campaigns on an aggregate and anonymous basis. Advertisers may not, and may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of the advertiser and its campaigns. Advertisers may use information provided directly from Users if the advertiser has provided clear notice to and obtained consent from those Users and complies with all applicable laws and industry guidelines, including those applicable to data protection.
Chegg does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. To the fullest extent permitted by applicable law, you agree that we will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with other Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree to the fullest extent permitted by applicable law, that (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Users or other third parties will be limited to a claim against the particular User or the third parties who caused you, or such third party, harm; and (ii) you will not to attempt to impose liability on, or seek any legal remedy from Chegg with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
The Site, Services and Chegg Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Chegg Content, including all associated intellectual property rights, are the exclusive property of Chegg and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Chegg Content.
We do not claim ownership in any User Content, but you grant us the rights to use such User Content as set forth below. By submitting any Content to CareerMatch, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, adapt, and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Chegg’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve CareerMatch and to make Content submitted to or through CareerMatch available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through CareerMatch. You should only submit Content to CareerMatch that you are comfortable sharing with others under the terms and conditions of these Terms.
Subject to your compliance with the terms and conditions of these CareerMatch Terms of Service, Chegg grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Chegg Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these CareerMatch Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Chegg or its licensors, except for the licenses and rights expressly granted in these CareerMatch Terms of Service.
License granted by User
We may, in our sole discretion, permit users of the Services to post, upload, publish, submit or transmit Content. By making available any Content on or through the Site or Services, you hereby grant the following license to Chegg, which Chegg may exercise solely in connection with the Services, including promotion of the Services, directly or through intermediaries: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content. Chegg does not claim any ownership rights in any User Content and nothing in these CareerMatch Terms of Service will be deemed to restrict any rights that you may have to use and exploit any of your Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Chegg the rights in and to such Content, as contemplated under these CareerMatch Terms of Service; and (ii) the Content, your posting, uploading, publication, submission or transmittal of it, or Chegg’s use of the Content (or any portion thereof) on, through or by means of the Site or Services will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Third Party Services
You understand and agree that provision of the Site or Services may require use of a third-party website or service (each a “Third-Party Service”). Your use of any Third-Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to access or use the Site or the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third-Party Service. Chegg shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third-Party Service.
Employer Trademark and Logo License to Chegg
If you are an employer and post-employment opportunities or job openings to the Site, you hereby grant Chegg a non-exclusive right and license to use your company trademarks and service marks, including without limitation company names and logos, solely in connection with marketing and promoting the employment opportunities and job openings you have posted and your use of the Site.
Chegg respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users, or Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the Chegg Intellectual Property Rights Owner Program at http://www.chegg.com/copyright for further information.
If you decide to provide feedback, comments, or suggestions for improvements to the Site or Services (“Feedback”), you may do so by emailing us at email@example.com. You acknowledge and agree that if you submit any Feedback to us, via the email address provided above or otherwise, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
General Prohibitions & Requirements
You represent and warrant that you will use CareerMatch.com solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You agree not to do any of the following:
Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
You also agree not to:
- Conduct yourself in an unprofessional manner, including, without limitation, using profanity or other objectionable language with users.
- Share Accounts or accounts with Third-Party payment services with anyone
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, Chegg’s name, any Chegg trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Chegg’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Chegg’s computer systems, or the technical delivery systems of Chegg’s providers;
- Attempt to probe, scan, or test the vulnerability of any Chegg system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Chegg or any of Chegg’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Chegg or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Chegg trademark, logo URL or product name without Chegg’s express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these CareerMatch Terms of Service or any other policies applicable to use of the Site, Services or Collective Content;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Provide to Chegg or use as your profile image any fake image or images of celebrities, cartoons, or avatars;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Chegg will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. Chegg may involve and cooperate with law enforcement authorities or third parties in investigating and prosecuting users who violate these CareerMatch Terms of Service or any other policies applicable to use of the Services. Chegg acts as a technology service that facilitates the connection between job seekers and employers for purposes of exploring lawful future employment opportunities. You acknowledge that Chegg has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these CareerMatch Terms of Service or any other policies applicable to use of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Chegg reserves the right, at any time and without prior notice, to (i) remove content from the Service at any time for violations of these CareerMatch Terms of Service or other policies applicable to use of the Service; (ii) give a User the opportunity to amend content it believes to be in violation of these CareerMatch Terms of Service or other policies applicable to use of the Service.; and (iii) take appropriate action against a User. Nonetheless, you agree that, to the fullest extent permitted by applicable law, Chegg is not responsible for any User Content or any User’s failure to comply with these CareerMatch Terms of Service or other policies applicable to use of the Service. Without limiting the terms of the “Limitation of Liability” section below and to the fullest extent permitted by applicable law, Chegg is not responsible for the use or exchange of any information, files or goods between Users.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Chegg is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Chegg of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Chegg reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these CareerMatch Terms of Service. If we modify these CareerMatch Terms of Service we will post the modification on the Site or provide you with other notice of the modification. We will also update the “Last Updated Date” at the top of these CareerMatch Terms of Service. By continuing to access or use the Site or Services or taking other requested action after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified CareerMatch Terms of Service. If the modified CareerMatch Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
Termination and Account Cancellation
Chegg reserves the right to suspend, disable, or terminate your Account and revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause, including, without limitation, if you breach these CareerMatch Terms of Service. We will have no liability to you of any kind for any termination of your account or related deletion of your information. In the event Chegg terminates your Account due to your breach of CareerMatch Terms or Service or violation of any law, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. CHEGG AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. CHEGG DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. CHEGG DOES NOT WARRANT THAT PROVISION OF LESSON SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT.
YOU ACKNOWLEDGE AND AGREE THAT CHEGG DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. CHEGG SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHEGG OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT CHEGG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Chegg, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your violation of these CareerMatch Terms of Service, or any other policies applicable to use of the Services.
Limitation of Liability
You are solely responsible for your interactions with advertisers and other Users and Chegg is not responsible for the actions, omissions, or other conduct, whether online or offline, of any advertiser or User of CareerMatch.com. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on CareerMatch.com, whether caused by Users or by any equipment or programming associated with it. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on CareerMatch.com, or any combination thereof. Under no circumstances shall Chegg be responsible for any loss or damage resulting from use of CareerMatch.com or from any Content posted on CareerMatch.com or transmitted to Users, or any interactions between Users of CareerMatch.com, whether online or offline.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CHEGG NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE CAREERMATCH TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHEGG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHEGG’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE CAREERMATCH TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO CHEGG IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS GREATER). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHEGG AND YOU.
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT CHEGG’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE CHEGG’S LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY CHEGG, OR FOR CHEGG’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Chegg used herein are trademarks or registered trademarks of Chegg. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These CareerMatch Terms of Service constitute the entire and exclusive understanding and agreement between Chegg and you regarding the Site, Services and Collective Content, and these CareerMatch Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Chegg and you regarding the Site, Services and Collective Content.
You may not assign or transfer these CareerMatch Terms of Service, by operation of law or otherwise, without Chegg’s prior written consent. Any attempt by you to assign or transfer these CareerMatch Terms of Service, without such consent, will be null and of no effect. Chegg may assign or transfer these CareerMatch Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these CareerMatch Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these CareerMatch Terms of Service, will be in writing and given: (i) by Chegg via email (in each case to the email address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Chegg. If you intend to propound discovery seeking a user’s identifying information or their activity using the Site or the Services, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at Chegg, Inc. c/o CSC, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Santa Clara County, California or the federal courts in the Northern district of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CHEGG ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CHEGG AGREE THAT EACH MAY BRING CLAIMS AGAINS THTE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
If a dispute arises between you and Chegg, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the CareerMatch Terms of Service or the Services or your use of the Services (a “Claim”) in accordance with the subsections below.
General. You and Chegg agree that any dispute, claim or controversy between you and Chegg, or otherwise arising out of or relating to these CareerMatch Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide Chegg with written notice of your desire to do so by email at http://www.chegg.com/contactus/ or regular mail at our offices located at Chegg, Inc., 3990 Freedom Circle, Santa Clara, CA 95054, Attn: General Counsel within thirty (30) days following the date you first agree to these CareerMatch Terms of Service (such notice, an “Arbitration Opt-out Notice”). If you do not provide Chegg with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and Chegg are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Chegg otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This “Legal Disputes” section will survive any termination of these CareerMatch Terms of Service. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the General Prohibitions & Requirements provisions of this Agreement.
Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section of these CareerMatch Terms of Service. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for use in arbitration proceedings including a Demand for Arbitration: Consumer Arbitration Rules here.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Chegg otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Chegg submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the Limitation of Liability section of these CareerMatch Terms of Service as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Chegg will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Chegg will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. If Chegg changes this Legal Disputes section, you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date. By failing to timely reject any change, you are agreeing that you will arbitrate any Dispute between you and Chegg in accordance with the provisions of this Section as of the date you first accepted the terms of these CareerMatch Terms of Service (or accepted any subsequent changes to these CareerMatch Terms of Service).
This “Legal Disputes” section shall survive any expiration or termination of your relationship with Chegg.
The failure of Chegg to enforce any right or provision of these CareerMatch Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Chegg. Except as expressly set forth in these CareerMatch Terms of Service, the exercise by either party of any of its remedies under these CareerMatch Terms of Service will be without prejudice to its other remedies under these CareerMatch Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these CareerMatch Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these CareerMatch Terms of Service will remain in full force and effect.
If you have any questions about these CareerMatch Terms of Service, please contact Chegg at firstname.lastname@example.org or at 3990 Freedom Circle, Santa Clara, California 95054.