Last Updated: March 10, 2017
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.
Cleary Construction Inc. 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 Cleary Construction Inc.’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Cleary Construction Inc. 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. Cleary Construction Inc. 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 of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Cleary Construction Inc. assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Cleary Construction Inc. 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 Cleary Construction Inc., and are not a direct reflection of the actual Job Listing.
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, Cleary Construction Inc. may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Cleary Construction Inc. 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, Cleary Construction Inc. 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 Cleary Construction Inc. taking such actions. Cleary Construction Inc. assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, career site, 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 Cleary Construction Inc. to do so. Cleary Construction Inc. does not promise to correct any inaccuracy.
1(d) Regardless of whether you are an Employer or Job Seeker, Cleary Construction Inc. 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 Cleary Construction Inc. may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. Cleary Construction Inc. may also use such information in order to improve the Site or any other Cleary Construction Inc. product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
1(e) Regardless of whether you are an Employer or Job Seeker, Cleary Construction Inc. may provide certain categories of information to you for informational purposes only. For example, Cleary Construction Inc. may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by Cleary Construction Inc. are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the Cleary Construction Inc. Ads Program, please note that this is not the information you are purchasing from Cleary Construction Inc. and you are not charged per apply. Cleary Construction Inc. may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Cleary Construction Inc.. These figures are given to Cleary Construction Inc. users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
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 Cleary Construction Inc. 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, Cleary Construction Inc. 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 Cleary Construction Inc..
For example, Cleary Construction Inc. may provide Employers with access to a third party site Interviewed.com, which allows Employers to send Job Seekers certain skills assessment tests. Cleary Construction Inc. does not review these skills assessment tests, and any Employer’s use of them and Interviewed.com is solely at its own risk. Additionally, Cleary Construction Inc. does not grade the results of the skills assessment tests. However, an Employer may choose to store the results of a Job Seeker’s skills assessment test on Cleary Construction Inc.. Cleary Construction Inc. reserves the right to remove access to Interviewed.com for any Employer who, in Cleary Construction Inc.’s sole discretion, abuses the third party service. Any Employer who uses this product shall indemnify Cleary Construction Inc. for any and all claims arising out of its use of Interviewed.com.
Cleary Construction Inc.’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 Cleary Construction Inc. services that utilize the Site, you must have a prior written agreement with Cleary Construction Inc. to do so, or have accepted Cleary Construction Inc.’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Cleary Construction Inc. does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Cleary Construction Inc. shall have no liability with respect to such 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.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Cleary Construction Inc. may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Cleary Construction Inc. reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although Cleary Construction Inc. has no obligation to do so, Cleary Construction Inc. may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Cleary Construction Inc.’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Cleary Construction Inc. deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Cleary Construction Inc. immediately so that we may have the opportunity to consider its removal. For clarity, Cleary Construction Inc. does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Cleary Construction Inc. policy will always remain within the sole discretion of Cleary Construction Inc..
Cleary Construction Inc. 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 Cleary Construction Inc. 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 Cleary Construction Inc. 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, Cleary Construction Inc. 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).
Only to the extent permitted by law, if you post content or submit material to Cleary Construction Inc., including photographs or material you submit for a job solicitation hosted on Cleary Construction Inc., you grant Cleary Construction Inc. 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 Cleary Construction Inc. website or its publisher partners, maintaining the Cleary Construction Inc. website and promoting Cleary Construction Inc. without restriction. Furthermore, you grant to Cleary Construction Inc., 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 Cleary Construction Inc. marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Cleary Construction Inc. for association with a particular Job Listing, Cleary Construction Inc. 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 Cleary Construction Inc. 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 Cleary Construction Inc. 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 Cleary Construction Inc. for more details.
At your discretion, you may provide feedback and related materials to Cleary Construction Inc. 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 Cleary Construction Inc. 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 Cleary Construction Inc. may disclose any or all Feedback to any third party in any manner, and you agree that Cleary Construction Inc. 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 Cleary Construction Inc. 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, Cleary Construction Inc. does not waive any rights to use similar or related ideas previously known to Cleary Construction Inc., or developed by its employees, or obtained from sources other than you.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Cleary Construction Inc., unless you have been specifically allowed to do so in a separate, written agreement with Cleary Construction Inc.. 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 Cleary Construction Inc., 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 Cleary Construction Inc. 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 Cleary Construction Inc. may suffer) of any such breach.
You agree that you shall not transmit to Cleary Construction Inc. 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:
sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
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 Cleary Construction Inc. 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
using Cleary Construction Inc. Resume contacts in violation of Cleary Construction Inc. policy, as determined by Cleary Construction Inc., including, for example, as indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Cleary Construction Inc. may block the transmission of such content.
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. Users who repeatedly post intellectual property owned by others will be banned from Cleary Construction Inc..
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other Cleary Construction Inc. 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 Cleary Construction Inc. 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 Cleary Construction Inc.’s explicit written permission.
Contact other Cleary Construction Inc. users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Cleary Construction Inc. considers detrimental to its users.
Create multiple Cleary Construction Inc. accounts without permission.
Create multiple Cleary Construction Inc. 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.
Scrape the Cleary Construction Inc. Resume database
Cleary Construction Inc. reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Cleary Construction Inc.) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Cleary Construction Inc. reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. If you use the Site, you consent to Cleary Construction Inc. enforcing these rules, which may result in a temporary or permanent suspension or termination of some functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and Cleary Construction Inc. shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Cleary Construction Inc. reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason.
Some areas of the Site, including areas that may permit you to set up an Cleary Construction Inc. 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. Cleary Construction Inc. is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). By registering for an Cleary Construction Inc. account, you agree to receive mandatory email updates regarding anomalous activity to your Cleary Construction Inc. account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that Cleary Construction Inc. may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Cleary Construction Inc. account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Cleary Construction Inc. or that Cleary Construction Inc. may otherwise obtain from third-party sources. By providing Cleary Construction Inc. with a mobile phone number, you expressly consent to receiving communication via such mobile number.