Terms and Conditions
This website, www.kangaroostar.com (the “Site,” including all subdomains, affiliated sites, social media accounts, and other related contents), is a trademarked and copyrighted work belonging to KangarooStar. This site’s terms, conditions, and policies govern your (“Employer”, “you”, and “your,” refers to and includes you and any business or entity you work for, including search firms and hiring firms, principals, and agents) access to and use of the services available on this Site.
The terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement.
Please note that your use of the Site constitutes your agreement, individually and for any business or entity you work for, to follow and be bound by these terms and conditions. Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be posted or otherwise made available to each user and are incorporated herein by reference.
PLEASE READ THIS SITE’S TERMS, CONDITIONS, AND POLICIES CAREFULLY. THE TERMS, CONDITIONS, AND POLICIES CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND KANGAROOSTAR. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE, FOR YOURSELF AND FOR YOUR COMPANY AS AN AUTHORIZED REPRESENTATIVE, THESE TERMS ARE BINDING AND ENFORCEABLE ON YOU AND YOUR COMPANY, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES AND BIND YOURSELF AND YOUR COMPANY HERETO. YOU REPRESENT AND WARRANT YOU ARE AUTHORIZED TO EXECUTE THE BINDING EFFECT OF THESE TERMS ON YOURSELF AND ON BEHALF OF YOUR COMPANY (WHICH IS A PARTY HERETO), AND HAVE FULL POWER AND AUTHORITY TO BIND SUCH PARTY TO EACH AND EVERY PROVISION HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age.
By using this Site, you acknowledge and agree KangarooStar does not have control over nor an obligation to regulate any job seeker or other third-party’s profile, content, viewing or use of information from you, and/or their use of this Site; and KangarooStar does not have control over information provided by any job seeker or other third-party; further, you acknowledge and you are using and uploading to the Site at your own risk, you are accessing user content, job seeker profiles, and information at your own risk, and by using the Site, you hereby waive and release KangarooStar from all responsibility and/or liability to the fullest extent, including without limitation, for all things addressed in these terms and conditions.
By using this Site, you agree to indemnify, defend, and hold harmless KangarooStar and its owners, members, managers, shareholders subsidiaries, directors, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from any allegations, demands, claims, pre-suit and actual suit, and/or damages (including, but not limited to, costs and attorney’s fees), arising out of your use of the Site, violation of the Site’s terms, conditions, and/or policies, violation of applicable law (including without limitation, violation of applicable job posting laws, anti-discrimination laws, equal employment opportunity laws, wage and hour laws, family and medical leave laws, etc), or your use, posting, modifying, or otherwise transmitting content through the Site. KangarooStar reserves the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify and defend KangarooStar. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
By accessing and using the Site, you agree you had the opportunity to and have read and understand these terms and agree to these terms on behalf of yourself and any business or other entity you work for. Each person that accesses this site while acting on behalf of a business or other entity represents, they are authorized to use this Site and are authorized to and hereby do agree to the terms of this Site on behalf of such party and have full power and authority to bind such party to each and every provision herein. These terms will be binding upon and will inure to the benefit of such party and its respective agents, principals, affiliates, parents, subsidiaries, successors, and assigns.
- Employer Accounts
As an Employer, your account is for business use and not for personal use. KangarooStar is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a KangarooStar account, you agree to receive mandatory email updates regarding anomalous activity to your KangarooStar 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.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, including but not limited to accessing account data or purchasing services from KangarooStar under such account. If you are an Admin adding a user to a Role or several Roles, you represent to KangarooStar that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless KangarooStar from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorney’s fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. You agree that KangarooStar assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase KangarooStar products under your account, and you agree that you are responsible for the payment of all such purchases made.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same KangarooStar party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable KangarooStar party identified in the first paragraph of this Agreement with respect to such new territory.
If your KangarooStar employer account has a credit card on file to pay for one KangarooStar product or service, KangarooStar may charge that card for any additional products or services you order.
You agree that KangarooStar may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. KangarooStar cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that KangarooStar bears no responsibility for doing so. KangarooStar makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
By providing your credit card information, you acknowledge and authorize KangarooStar to retain your credit card information and authorize KangarooStar to use and charge the credit card for Kcoin purchases and Site related transactions and costs. You acknowledge and agrees that the credit card information will be saved and used for future transactions on your behalf. You agree to notify KangarooStar to update any information regarding this account. Any denials of payment on the credit card may incur fees, which will be paid by you. KangarooStar has no liability for lost or stolen credit card information.
- Employer Services
You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through KangarooStar Apply or otherwise, and agree that KangarooStar is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that KangarooStar may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. KangarooStar further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
You shall indemnify, defend and hold harmless KangarooStar, its agents, affiliates, licensors, and all other related parties from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). KangarooStar may make Job Listing analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at KangarooStar’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any KangarooStar product, KangarooStar reserves the right to suspend or terminate your use of that KangarooStar product as well as any other KangarooStar product, including but not limited to those KangarooStar products where you do not have an unpaid invoice or account balance. Past-due amounts will accrue and compound interest at 1.5% per month from the due date until paid in full. If KangarooStar implements collection efforts and/or legal proceedings (including without limitation, collections) to recover any amount due to KangarooStar, it is entitled to recover from you, and the Court shall award, the cost of the collection efforts and/or legal proceedings, including costs and attorneys’ fees.
When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, KangarooStar may, for example, use such materials for data analysis, quality control, or to refine the Site or any other KangarooStar 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 view, send, store or receive materials through or using the Site or when you simply use or visit the Site, KangarooStar may inform a Job Seeker that you have taken an action, for example, with regards to a Job Listing, Job Seeker’s Resume, or application such as pausing or closing a Job Listing, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Listing, and you hereby consent to KangarooStar taking such actions.
- Job Match
KangarooStar may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on KangarooStar to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that KangarooStar may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. KangarooStar may also use such information in order to improve the Site or any other KangarooStar product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). KangarooStar does not imply, warranty, or guaranty any accuracy or success rate when making classifications and matches of job postings and job seekers.
- Screening Tools
KangarooStar may make available to you screening tools for your use during the application process, including screener questions, phone screen tools and assessments. KangarooStar is licensing these tools to you for your use as you determine. By using any screening product, made available to you by KangarooStar, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by KangarooStar. You are the sole party to determine which answers will qualify a candidate. You agree not to use any information in a discriminatory, privacy violation, or other unlawful way, and you are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While KangarooStar makes an effort to design and develop accessible offerings, KangarooStar does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify KangarooStar for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.
You acknowledge and agree that KangarooStar does not imply or guaranty any rate of success with job matching, regardless of the job listing information you provide. By using the Site, you waive and release any and all claims against KangarooStar related to KangarooStar’s collection or use of any information you provide or choose not to provide.
KangarooStar is not a background check company, and does not imply or guaranty the information provided by third-parties; and it is your responsibility to evaluate job candidates.
You agree you will only use this Site and other KangarooStar platforms for lawful purposes. You agree all your job listings, hiring practices, and uses of the Site (including without limitation, job postings, hiring practices, and employment practices) will be in compliance with local, state, and federal laws (including without limitation, employment laws, wage and hour laws, health and family leave laws, anti-discrimination laws, and equal opportunity laws). By using the Site, you hereby hold harmless, waive, and release KangarooStar from all responsibility and/or liability for your or any third-party’s violation of applicable law, and agree to indemnify and defend KangarooStar related to any violation of applicable law by you.
- Communication through KangarooStar
You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site, or any communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through KangarooStar. KangarooStar disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
KangarooStar may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact info, you agree that KangarooStar is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other KangarooStar policies, content moderation, and to improve the Site or any other KangarooStar product or service.
- Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be exclusively governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, exclusively by and under the laws of the State of Colorado. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall exclusively be filed only in courts located in the City and County of Denver, Colorado. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in the City and County of Denver, Colorado.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from KangarooStar. If you intend to propound discovery seeking user information from KangarooStar, you agree to do so pursuant to a valid federal, Colorado or Colorado domesticated request, addressed to and properly served at our registered agent in Colorado as listed by the Colorado Secretary of State. You further agree to submit to the personal jurisdiction of the appropriate Colorado state or federal courts for such discovery proceedings.
YOU ALSO HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS OF SERVICE, IF YOU ARE LOCATED IN THE UNITED STATES.
- Class Action Waiver
By using the Site and in return for the services offered by KangarooStar, you acknowledge that KangarooStar can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue KangarooStar as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against KangarooStar regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 6 above.
- Candidate Import
- Profile Information
- Terms of Service for All Users
This website, www.kangaroostar.com (the “Site,” including all subdomains, affiliated sites, social media accounts, and other related contents), is a copyrighted work belonging to KangarooStar. These terms of service govern your (“you” and “your,” refers to and includes you and any business or entity you work for, including search firms and hiring firms, principals, and agents) access to and use of the services available on this Site. Please note that your use of the Site constitutes your agreement, individually and for any business or entity you work for, to follow and be bound by these terms and conditions. Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be posted or otherwise made available to each user and are incorporated herein by reference.
By accessing and using the Site, you agree you had the opportunity to and have read and understand these terms and agree to these terms on behalf of yourself and any business or other entity you work for. Each person that accesses this site while acting on behalf of a business or other entity represents, they are authorized to use this Site and are authorized to and hereby do agree to the terms of this Site on behalf of such party and have full power and authority to bind such party to each and every provision herein. These terms will be binding upon and will inure to the benefit of such party and its respective agents, principals, affiliates, parents, subsidiaries, successors, and assigns. 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..
- Accessing External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that KangarooStar 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, KangarooStar may provide you with links to 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 by 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 KangarooStar.
For example, KangarooStar may provide you with access to a link on KangarooStar to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and KangarooStar is not a party to this contract. Please note (and you acknowledge) that KangarooStar cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other KangarooStar user. KangarooStar operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify, hold harmless, and defend KangarooStar for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.
By using this Site, you acknowledge and agree you are using and uploading to the Site at your own risk, you are accessing user content and information at your own risk, and by using the Site, you hereby hold harmless, waive, and release KangarooStar from all responsibility and/or liability to the fullest extent, including without limitation, for all things addressed in these terms and conditions.
- Using our Site
When you use the Site, you agree to KangarooStar knowing, processing, analyzing, storing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. KangarooStar collects data from users visiting our Site in private browsing mode, “incognito mode,” or similar modes. You agree that KangarooStar may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site, and that such vendors’ activities are an extension of the Site. By using the Site you authorize KangarooStar and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Site. The Site cannot work as KangarooStar intends it to work unless KangarooStar undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.
Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. KangarooStar reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase KangarooStar services that utilize the Site, you must have a prior written agreement with KangarooStar to do so, or have accepted KangarooStar’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.
Occasionally, KangarooStar may test improvements to our Site and services. Such tests may affect, but are not limited to, the ad delivery system, audience, ad performance, and ad placement, profiles, resumes, resume search, job search, recommendations, alerts, and formatting. You agree that KangarooStar may conduct such tests, which are meant to improve the effectiveness of our services, without notice to you. You agree to pay all charges that appear in the applicable Insertion Order or other agreement during such tests.
- User Content
Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like 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, or any materials that a user submits to KangarooStar, including where it is stated that such materials may be posted on the Site or a third party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. 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. Once updated by the user, it may take a few days for the change to User Content to be reflected. KangarooStar does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of KangarooStar job search results pages may appear to be content produced by KangarooStar, but are actually a reproduction of user-generated search queries. 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 KangarooStar 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 (other than Job Listings permitted by this Agreement), 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. KangarooStar 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. KangarooStar 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 KangarooStar has no obligation to do so, KangarooStar may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in KangarooStar’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 (other than Job Listings permitted by this Agreement), or that KangarooStar deems in its sole discretion to be inappropriate. KangarooStar may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact KangarooStar immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that KangarooStar does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any KangarooStar policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on KangarooStar, will always remain within the sole discretion of KangarooStar. You agree that KangarooStar has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that KangarooStar is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Listings) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.
KangarooStar 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 KangarooStar 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. When you post on KangarooStar confidentially or otherwise, your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.
Without limiting the generality of the foregoing, KangarooStar 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 discriminates against Job Seekers or otherwise violates 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).
- License to User Content and Feedback
Only to the extent permitted by law, you grant KangarooStar a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, 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 User Content you post or submit, for the purpose of publishing material on the KangarooStar website or its publishers, maintaining the KangarooStar website and promoting KangarooStar and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with KangarooStar’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, KangarooStar’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to KangarooStar, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any KangarooStar marketing materials containing or incorporating such User Content, or (iii) any actions by KangarooStar to promote or publicize such User Content, including without limitation the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from KangarooStar’s exercise of its rights pursuant to the license granted
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 KangarooStar 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 KangarooStar 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 KangarooStar for more details.
At your discretion, you may provide feedback and related materials to KangarooStar 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 KangarooStar 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 KangarooStar may disclose any or all Feedback to any third party in any manner, and you agree that KangarooStar 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 KangarooStar 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, KangarooStar does not waive any rights to use similar or related ideas previously known to KangarooStar, or developed by its employees, or obtained from sources other than you.
By using the Site, you hereby consent to and authorize KangarooStar’s use and reproduction of any and all your information, content, photographs, videos, likeness, trademarks, images, logos, intellectual property, and any other audiovisual materials (including people’s and entity likeness) you provide; and KangarooStar may use and reproduce such materials on this Site and any related sites, applications, social media platforms, media materials, and otherwise.
By using the Site, you hereby grant to KangarooStar an irrevocable, unconditional, and unexclusive license to use your content, photographs, videos, likeness, trademarks, images, logos, intellectual property, and any other audiovisual materials, all other content in whatsoever from, all logos, stylizations, trade dress related thereto, and all variations thereof (collectively, the “marks”). Your use of the Site and other good and valuable consideration is the consideration given by KangarooStar in exchange for your grant of this license, the receipt and sufficiency of which is acknowledged by you. No other fees, royalties, payments, or proceeds will be paid by KangarooStar to you in connection with the license or the marks.
- Rules for Using Our Site
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by KangarooStar, unless you have been specifically allowed to do so in a separate, written agreement with KangarooStar. 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 KangarooStar, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your KangarooStar account and ability to use the Site. You agree that you are solely responsible for (and that KangarooStar 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 KangarooStar may suffer) of any such breach.
You agree that you shall not transmit to KangarooStar 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 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 the Site or any content, service, or property provided by KangarooStar;
- Sending messages to users who have asked not to be contacted; and
- 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.
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. KangarooStar 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 KangarooStar.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other KangarooStar 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 KangarooStar 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 KangarooStar’s explicit written permission.
- Contact other KangarooStar users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics KangarooStar considers detrimental to its users.
- Create multiple KangarooStar accounts without permission.
- Create multiple KangarooStar 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 KangarooStar Resume Search database.
- Scrape or otherwise replicate any KangarooStar content for competitive purposes.
- Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Listings.
KangarooStar reserves the right to use any User Content (including the content of messages or material sent through or to the Site or KangarooStar) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. KangarooStar 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. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to KangarooStar enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to KangarooStar’s message relay, or of your use of any other functions of the Site, with or without notice. KangarooStar shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
We reserve the right to not deliver any message, including, but not limited to, job applications, that KangarooStar suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. KangarooStar further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming KangarooStar or its users, or otherwise conducting fraudulent activity on KangarooStar by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to KangarooStar. KangarooStar reserves the right to turn over any information gathered via such investigations to the police or other third party if KangarooStar has a good faith belief that you are using the Site in violation of these terms.
You may not use the Site, or otherwise exchange services or money with KangarooStar, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls–List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, KangarooStar may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.
- Registering with and Contacting KangarooStar
Some areas of the Site, including areas that may permit you to set up an KangarooStar 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. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your KangarooStar account may receive access to information regarding your KangarooStar account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. KangarooStar encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access tp your account, they may have the ability to contact users or take other actions through your account, and KangarooStar may have only limited ability to remedy such situations.
You agree that KangarooStar may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your KangarooStar 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 KangarooStar or that KangarooStar may otherwise obtain from third-party sources. By providing KangarooStar with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give KangarooStar a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To stop receiving text messages at any time, reply to the text with STOP or contact KangarooStar Customer Support. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from KangarooStar. You may also revoke your consent to receive text messages by terminating the Agreement through closing your KangarooStar account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that KangarooStar is not responsible or liable for the manner in which the Employer uses the number.
- Disclaimers of Warranties
KangarooStar disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the KangarooStar search results (including Jobs Listings) or otherwise made available on the Site by KangarooStar or third parties (including User Content), regardless of whether paid for or used for free. KangarooStar disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by KangarooStar for informational purposes only, including but not limited to, KangarooStar Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying KangarooStar for the aforementioned information. KangarooStar disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, emails, attachments or material (including User Content). KangarooStar does not guarantee that the Site will always be error free, safe, or secure. KangarooStar further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall KangarooStar be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall KangarooStar be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from KangarooStar’s Site.
KangarooStar further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by KangarooStar as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will KangarooStar be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE KANGAROOSTAR AND THE SITE AT YOUR OWN RISK. KANGAROOSTAR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. KANGAROOSTAR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. KANGAROOSTAR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY KANGAROOSTAR. KANGAROOSTAR IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
THE INFORMATION, CONTENT, AND MATERIALS PROVIDED ON THIS WEBSITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT AND ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE. INFORMATION ON THIS WEBSITE MAY NOT CONSTITUTE THE MOST UP-TO-DATE LEGAL OR OTHER INFORMATION. THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS;” NO REPRESENTATIONS ARE MADE THAT THE CONTENT IS ERROR-FREE. USERS OF THIS WEBSITE SHOULD CONTACT THEIR ATTORNEY OR SEEK LEGAL ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR LEGAL MATTER. ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENTS OF THIS SITE ARE HEREBY EXPRESSLY DISCLAIMED, AND BY USING THE SITE, YOU HEREBY WAIVE AND RELEASE KANGAROOSTAR FROM ALL RESPONSIBILITY AND/OR LIABILITY. NO READER, USER, OR BROWSER OF THIS SITE SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION ON THIS SITE WITHOUT FIRST SEEKING LEGAL ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION. ONLY YOUR INDIVIDUAL ATTORNEY CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN – AND YOUR INTERPRETATION OF IT – IS APPLICABLE OR APPROPRIATE TO YOUR PARTICULAR SITUATION. THIS WEBSITE CONTAINS LINKS TO OTHER THIRD-PARTY WEBSITES. SUCH LINKS ARE ONLY FOR THE CONVENIENCE OF THE READER, USER, OR BROWSER; KANGAROOSTAR DOES NOT RECOMMEND OR ENDORSE THE CONTENTS OF THE THIRD-PARTY SITES. USE OF, AND ACCESS TO, THIS WEBSITE OR ANY OF THE LINKS OR RESOURCES CONTAINED WITHIN THE SITE DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE READER, USER, OR BROWSER AND WEBSITE AUTHORS, CONTRIBUTORS, CONTRIBUTING LAW FIRMS, ATTORNEYS, OR THEIR RESPECTIVE EMPLOYERS.
- Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL KANGAROOSTAR OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF KANGAROOSTAR OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF KANGAROOSTAR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID KANGAROOSTAR TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall KangarooStar or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of KangarooStar.
- Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by KangarooStar infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow KangarooStar to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send KangarooStar a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to KangarooStar. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
- Governing Law and Dispute Resolution
If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by KangarooStar, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, exclusively by and under the laws of the City and County of Pitkin, State of Colorado, U.S.A.
By using this Site, you agree it is entered into in the state of Colorado exclusively for purposes of a transaction in Colorado, and all disputes arising in connection with your use of this Site are exclusively governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for a transaction located in Colorado. In the event of any dispute related to this Site, the Parties acknowledge and agree that the laws of the State of Colorado shall exclusively apply and that exclusive venue for any such dispute shall be the of Pitkin County, Colorado. The Parties consent to exclusive personal jurisdiction in said county and submit to the exclusive jurisdiction and venue of such courts regardless of the location of their residence. If KangarooStar is the substantially prevailing party in any legal action brought related to this Site, then KangarooStar shall be awarded a judgement against you for all costs, fees, and expenses, including attorneys’ fees, in connection with such legal action. To the fullest extent permitted by law, you agree, by using this Site, that you WAIVE ALL RIGHTS TO A TRIAL BY JURY of any claim arising under or relating to this Agreement. The parties acknowledge that this waiver is knowingly, freely, and voluntarily given, is desired by all parties, and is in the best interests of all parties.
- Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
- Filtering for Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that KangarooStar does not endorse any of the products or services listed on such sites.
- Use of Site by Minors
The Site is not for use by anyone under the age of 18. However, if local laws provide for an alternative minimum age for KangarooStar to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. KangarooStar adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
- Using e-Signature
Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. KangarooStar disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. KangarooStar is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
- Questions or Complaints
If you have a question or complaint regarding the Site, please use our KangarooStar Help Center. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement (including any other section of this Agreement like the KangarooStar Ads Program Terms or KangarooStar Resume Terms) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by KangarooStar. This Agreement, together with any amendments and any additional agreements you may enter into with KangarooStar in connection with the Site, shall constitute the entire agreement between you and KangarooStar concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and a KangarooStar employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using KangarooStar. If (a), (b), or (c) applies to you, you may not use the Site or Services, and KangarooStar may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of KangarooStar’s proprietary rights in them.
You understand and acknowledge that KangarooStar or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. KangarooStar reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by KangarooStar. This Agreement, together with any amendments and any additional agreements you may enter into with KangarooStar in connection with the Site, shall constitute the entire agreement between you and KangarooStar concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and a KangarooStar employee shall not constitute an amendment or alteration of this Agreement.
Any notices to KangarooStar must be sent to the applicable KangarooStar entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your KangarooStar Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without KangarooStar’s prior written consent and any such attempt is void. KangarooStar may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, KangarooStar may assign any agreement between you and KangarooStar to any related KangarooStar entity by informing you of such assignment. KangarooStar and you are not in a legal partnership, agency relationship, or employment relationship. When KangarooStar provides the Site or any related services to you, KangarooStar does so solely in its capacity as a service provider.
KangarooStar may suspend or terminate your license and/or access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole and absolute discretion. This may result in deletion of information associated with your account. Where applicable, all rights and responsibilities of the parties under the Site’s terms, conditions, and policies will survive the termination, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
The Site may contain links and advertisements to third-party websites and services (collectively, “Third-Party Resources”). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so. We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site are subject to these Terms.
You acknowledge and agree the language of this Site’s terms, conditions, and policies will not be construed presumptively against any of the parties, drafter or otherwise.
The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
- Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors’ abilities to access or use the Site and Services, including using the Site in a manner or for a purpose that is unlawful or fraudulent;
- Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
- Conducting any systematic or automated data collection on or related to the Site or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, “framing,” or article “spinning”;
- Using the Site to collect, harvest, or compile information or data regarding other users of the Site without their consent;
- Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
- Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;
- Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or otherwise commercially exploiting content, whether in whole or in part, on the Site;
- Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site;
- Accessing the Site in order to create a similar or competitive business, product, service, or website;
- Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
- Interfering with, disrupting, or overburdening servers or networks connected to the Site;
- Gaining or attempting to gain unauthorized access by any means to any part of the Site or to computers or networks connected to the Site; and
- Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user’s normal use and enjoyment of the Site.
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
You understand that services offered by KangarooStar or supported by our Sites require payment for access or continued use. Your ability to communicate with Job Seekers will require the purchase of Kcoins, which will be stored in your associated Kpouch.
Kcoins are limited, personal, non-transferable, non-sublicensable, revocable license to use or access the Site. You may only purchase Kcoins from us. Kcoins represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Kcoins is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Kcoins.
Any Kcoin balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Kcoins do not incur fees for non-use; however, the license granted to you in Kcoins will terminate in accordance with the terms of this Agreement, on the earlier of when KangarooStar ceases providing our Services, or your account is otherwise closed or terminated.
KangarooStar, in its sole discretion, reserves the right to charge fees for the right to access or use Kcoins and/or may distribute Kcoins with or without charge. KangarooStar may manage, regulate, control, modify, or eliminate Kcoins at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Kcoins. KangarooStar shall have no liability to you or any third party in the event that KangarooStar exercises any such rights. The transfer of Kcoins is prohibited, and you shall not sell, redeem, or otherwise transfer Kcoins to any person or entity. Kcoins may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF KCOINS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT KANGAROOSTAR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED KCOINS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- Billing Policy
You acknowledge and agree that any credit card and related billing and payment information that you provide to KangarooStar may be shared by KangarooStar with companies who work on KangarooStar’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to KangarooStar and servicing your account. KangarooStar may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. You agree that KangarooStar may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. You further agree that KangarooStar may use the updated card information to charge amounts you owe KangarooStar. KangarooStar shall not be liable for any use or disclosure of such information by such third parties. Invoices may be provided to you via electronic mail, unless otherwise specified by KangarooStar. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any KangarooStar product, KangarooStar reserves the right to suspend or terminate your use of that KangarooStar product as well as any other KangarooStar product, including but not limited to those KangarooStar product where you do not have an unpaid invoice or account balance.
- Taxes (if applicable)
Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees KangarooStar incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and KangarooStar shall have no liability whatsoever therefore.
Refunds for KangarooStar services that have already been provided (if any) are at the absolute discretion of KangarooStar and only in the form of advertising credit for KangarooStar Property. If you are removed from KangarooStar, but have previously spent on KangarooStar, you are not entitled to a refund of previously spent amounts for services already provided. Refunds for unused KangarooStar services that have been pre-paid will be refunded on a prorated basis and as per product specific Payment Terms only the unused future pre-paid subscription billing cycles will be paid, subject to KangarooStar’s discretion. All approved refunds for unused KangarooStar services shall first, in KangarooStar’s full discretion, be used to pay all outstanding unpaid balances and interest for any KangarooStar product or service where one exists associated with your account.
All such past-due amounts you owe to KangarooStar will accrue and compound interest at 1.5% per month from the due date until paid in full. If KangarooStar implements collection efforts and/or legal proceedings (including without limitation, collections and/or filing a lien) to recover any amount due to KangarooStar, it is entitled to recover from you, and the Court shall award, the cost of the collection efforts and/or legal proceedings, including costs and attorneys’ fees. Nothing herein shall limit the rights and remedies of either party in the event of any default under this Agreement.
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