This page sets forth the Privacy Policy and User Agreement (hereinafter referred to as the "Agreement") under which you may access and use palmerandyoung.com. (hereinafter referred to as the "Website"), including any information or materials (hereinafter referred to as the "Materials") and any services (hereinafter referred to as the "Services") provided on or through the Website.
Carefully read the following terms and conditions. By submitting information or materials or otherwise accessing or utilizing the Website (collectively, hereinafter referred to as the “use” or "using"), constitutes your acknowledgment and agreement to the terms herein. Each person or entity who uses this Web and who is deemed eligible agrees to be bound and to abide by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not use the Website. Palmer & Young, Inc. may amend this Agreement as provided herein (hereinafter referred to as the “Amendments”).
1. Eligibility. This Website may only be used by individuals who or organizations that can form legally binding contracts under applicable law and are: (a) Candidates, (b) Employers, (c) Recruiting Agencies, or (d) Recruiters. If you are an Employer or Recruiting Agency, you represent and warrant that you have the authority to accept this Agreement on behalf of said company and that each of your Recruiters also agrees to be bound by the terms and conditions of this Agreement. Palmer & Young, Inc. reserves the right to refuse to enter into this Agreement with anyone and to refuse the use of the Website to anyone at any time.
2.1 Palmer & Young, Inc. is a corporation organized and existing under the laws of the Commonwealth of Massachusetts and State of New York.
2.2 "Candidate" means an individual natural person who is using the Website on his or her own behalf solely for the purposes of reviewing available positions, applying for a position, or submitting a resume or other application materials ("Resume Documentation") and a person using the Website on his or her own behalf, the organization or company for which the Website is used (in the case of an Employer or Recruiting Agency), or the person using the Website on behalf of an Employer or Recruiting Agency (in the case of a Recruiter).
2.3 "Employer" means a company or organization that is using the Website solely for the purposes of advertising, submitting descriptions for employment positions available directly with such company or organization, or reviewing Resume Documentation applicable to specific employment position(s) once a candidate actively applies to the job posting which will be available directly with such company or organization.
2.4 "Recruiter" means an individual natural person who (a) interacts, solely via telephone or face to face, with hiring managers and job candidates in order to facilitate the hiring process, and (b) is authorized by an Employer that has agreed to the terms of this User Agreement and any applicable supplemental terms (the "Supplemental Terms") to use the Website on behalf of that Employer or Recruiting Agency.
2.5 "Hiring Manager" means the individual natural person to whom the position reports or who recommends making the decision to hire.
3.1 Candidates. If you are a Candidate, subject to the terms and conditions of this Agreement, Palmer & Young, Inc. grants you a nonexclusive, nontransferable, limited, personal license to reproduce (to the extent necessary to view, print, and download) the Website Materials made available to you by Palmer & Young, Inc. solely for personal, noncommercial use.
3.2 Recruiting. If you are an Employer or Recruiting Agency, subject to the terms and conditions of this Agreement, Palmer & Young, Inc. grants you a nonexclusive, nontransferable, limited, personal license to reproduce (to the extent necessary to view, print, and download) the Website Materials made available to you by Palmer & Young, Inc. solely for the purposes of advertising, submitting descriptions for available employment positions, and reviewing Resume Documentation applicable to a specific position.
3.3 Restrictions. Except as expressly provided in this Agreement, any use of the Website (including any Materials) is prohibited without the express written permission of CuriousJOB. Except as expressly provided in this Agreement, you may not (and you agree you will not allow others to) reproduce, distribute, create derivative works of, publicly display, or publicly perform any Materials on the Website (including the html code on the Website). you will not attempt to circumvent any access control measures to the Website (or any part thereof). Each licensee is permitted to view/download unlimited resumes per month.
3.4 Navigation/Search Engines. You may use the Website only through generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, and Opera). Much of the information on the Website is updated on a real-time basis and is proprietary or is licensed to Palmer & Young, Inc. by its users or third parties. You agree that you will not use or attempt to use, and that you will cause all persons under your control not to use or attempt to use, any robot, spider, scraper or other automated means to use the Website for any purpose without express written permission. Notwithstanding the foregoing sentence (and subject to CuriousJOB’s right to modify the following list at any time, with or without notice), the following search engines are hereby authorized to index the public areas of the Website: Google, Altavista, Yahoo, Hotbot, Lycos, and AskJeeves.
4. Ownership. The Website Materials are protected by United States copyright laws and international treaty provisions. Palmer & Young, Inc. and its suppliers own and retain all right, title, and interest in and to the Website, including all copyrights, patents, trade secret rights, trademarks (including service marks and logos), and other intellectual property rights therein. The rights granted in Section 3 do not transfer to you any title to the intellectual property in the Website, and you will not acquire any rights to the Website except as expressly set forth in this Agreement.
5.1 Candidates. If you are a Candidate, you may sign up for a Subscription.
5.2 Employer. If you are an Employer, you will not be required to pay fees for the Services as provided in this Section 5.2. unless otherwise agreed in writing by you and Palmer & Young, Inc..
5.3 Fees and Payment. you will pay accrued fees based on (i) the enrollment form or order executed by you and Palmer & Young, Inc. (hereinafter referred to as the “Subscription” or "Order", which is incorporated into this Agreement) or (ii) Palmer & Young, Inc.’s then-current fees (for those fees not included in the Subscription, as well as any applicable taxes for any Services provided. If you use any Service in excess of what is provided in your Order, Palmer & Young, Inc.’s then-current fees will apply to the excess use of that Service. Fees that have not been agreed upon between you and Palmer & Young, Inc. in an Order are subject to change without notice. Fees for job posting and advertising (as provided in Section 6) and access to the Candidate’s resume when they have applied for the job posting posted by same Employer (as provided in Section 7) will renew automatically each month unless either party informs the other party at least seven days before the end of the then-current billing cycle (as described in the Terms of Use or the Order) of such party’s intent not to renew such Services.
5.4 Payment and Late Fees. Any and all amount due and owing to Palmer & Young, Inc. shall be paid utilizing PayPal.
5.4 Service Changes. Palmer & Young, Inc. may in its sole discretion change some or all of its Services at any time. In the event Palmer & Young, Inc. introduces a new service, any applicable fees for that service are effective as of the launch of the service.
6.1 Job Posting. Requested job postings must be submitted to Palmer & Young, Inc. either through the Palmer & Young, Inc. web form, or, subject to Palmer & Young, Inc.’s written consent: via email, through electronic batch transfer, or through your website. Palmer & Young, Inc. may accept or reject any requested job posting.
6.2 Advertising. You may submit requests to Palmer & Young, Inc. to advertise on the Website. If such request is accepted by Palmer & Young, Inc., you will be informed by email when your advertising is scheduled to begin (usually within two days of the email). Advertising runs may not be cancelled once scheduled. For advertising requests and questions (including advertisement guidelines and size specifications), please call 518-572-6893 8:30 AM-5:30 PM, EST.
7.1 Use. Subject to the terms and conditions of this Agreement (including the payment provisions of Section 5 (Services and Fees)), Palmer & Young, Inc. grants you a nonexclusive, nontransferable, limited, personal license to use the Website’s database and application information which is part of the Website (hereinafter referred to as the "Resume Database") solely for the purpose of evaluating candidates for currently open positions limited to the applicants to a specific job posting.
7.2 Restrictions. You acknowledge that the Materials in the Resume Database (and any part thereof) represent confidential information of Palmer & Young, Inc. and its suppliers (hereinafter referred to as the "Confidential Information"). You will (a) use any Confidential Information only for the purposes expressly permitted in this Agreement and (b) not disclose the Confidential Information to any person other than potential employers or hiring managers for whom you are recruiting potential employees. Within six (6) months following the expiration or termination of this Agreement, you must immediately return or destroy all copies of Confidential Information and, upon request of Palmer & Young, Inc., and certify same.
7.3 Damages. Are defined and included in the Terms of Use at http://www.curiousjob.com/page/terms.
8. Passwords. You may use the Resume Database and the rest of the Website only through the use of the user names and passwords issued to you by CuriousJOB. You will, and you will ensure that each person accessing the Resume Database on your behalf will, access the Resume Database with a unique user name and password. In other words, each Recruiter must have a separate and unique user name and password to access the Resume Database. If you are a Recruiter, you will not share any user name and password with any other person or entity (including other Recruiters working on behalf of the same Employer or Recruiting Agency). You will be solely responsible for maintaining the security of the user names and passwords issued to you. You will notify Palmer & Young, Inc. immediately of any circumstance that may require cancellation of a user name and password (e.g., compromise of your security, or if a Recruiter is no longer working on your behalf). Palmer & Young, Inc. reserves the right to cancel a user name and password and to change issued user names and passwords and login processes. You will not attempt to access or use any other user’s password.
9.1 Definition. "Submitted Information" means any information or materials you provide to Palmer & Young, Inc. or other users through the Website (including any public message area or through any email feature). You are solely responsible for your Submitted Information.
9.2 Restrictions. you warrant that your Submitted Information and your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including those governing unfair competition, discrimination, or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) link directly or indirectly to other website pages that are prohibited under this Agreement or to which you do not have a right to link to.
9.3 License. you hereby grant Palmer & Young, Inc. a royalty-free, non-exclusive, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers) license to exercise the copyright, publicity, and database rights (but no other rights) in your Submitted Information, in any medium now known or not currently known, with respect to your Submitted Information. Palmer & Young, Inc. will use your Submitted Information in accordance with the terms of this Agreement. Without limiting the foregoing, you consent to Palmer & Young, Inc. modifying your Submitted Information in order to standardize its format for CuriousJOB’s systems or to remove email or website addresses from it.
10. Privacy and Confidentiality. Palmer & Young, Inc. takes commercially reasonable efforts to protect the confidentiality, security, and privacy of your Submitted Information, including implementing industry-standard technical and organizational safeguards. However, Palmer & Young, Inc. cannot and does not guarantee the security, confidentiality, or privacy of any information or communication you submit.
10.1 Personal Data. Except as provided in this Agreement or in order to share your Submitted Information (as contemplated by this Agreement or as provided on the Website), Palmer & Young, Inc. does not disclose personal data to third parties. If you are a Candidate, you acknowledge that, despite CuriousJOB’s efforts, persons or entities that you have requested to be blocked from accessing your Resume Documentation (including your current employer) may see your Resume Documentation. You hereby expressly consent to CuriousJOB’s processing of personal data you submit to Palmer & Young, Inc. according to this Agreement. Personal data will be processed by Palmer & Young, Inc. in the United States; United States laws regarding processing of personal data may be less stringent than the laws in your jurisdiction.
10.2 Public Areas. Public Areas are those areas of the Website in which you may send communications that are publicly available to other users or third parties. Palmer & Young, Inc. does not control that disclosure, and the personal data disclosed is available to anyone who accesses that Public Area.
10.3 Monitoring. you hereby consent to: (a) CuriousJOB’s monitoring of your use of the Website for any purpose, (b) CuriousJOB’s monitoring of email sent and received through CuriousJOB’s systems for any purpose, including blocking emails from senders or IP addresses that have not been authorized by CuriousJOB, and (c) Palmer & Young, Inc. sending you email relevant to your use of the Website or of potential interest to you.
10.4 Acknowledgements. you acknowledge that: (a) if Palmer & Young, Inc. is acquired by another company, that company will possess the Submitted Information collected by Palmer & Young, Inc. and it will assume the rights and obligations regarding your Submitted Information as described in this Agreement; (b) due to factors beyond CuriousJOB’s control, it may be legally obligated to disclose Submitted Information to the government or third parties under certain circumstances, or third parties may circumvent our security measures to unlawfully intercept or access your Submitted Information; and (c) Palmer & Young, Inc. uses contractors and service providers to provide certain services to you and such contractors or service providers will have access to your Submitted Information for this purpose.
11.1 Investigation. If Palmer & Young, Inc. receives information of any alleged breach of this Agreement by you, Palmer & Young, Inc. will have the right (but not the obligation) to investigate the alleged breach.
11.2 Suspension or Termination. If (a) you breach any term of this Agreement, (b) Palmer & Young, Inc. is unable to verify or authenticate any information you provide, or (c) Palmer & Young, Inc. believes that your actions may cause financial loss, loss of goodwill, or legal liability for Palmer & Young, Inc. or other users, without limiting any other remedies, Palmer & Young, Inc. may limit your activity on the Website, immediately remove your Submitted Information from the Website, inform other users of your actions, issue a warning, terminate, or temporarily suspend your use of the Website and refuse to provide Services to you.
11.3 Trade Secrets. You acknowledge and agree that in the course of your activities on the Website, you will receive access to the valuable trade secrets of CuriousJOB, including without limitation the contents of the Resume Database and your username and password. You further acknowledge that misappropriation of trade secrets is a violation of state and federal law, and that Palmer & Young, Inc. reserves the right to vigorously pursue actions to vindicate its rights under applicable law, including by extending full cooperation to law enforcement authorities in the criminal prosecution of trade secret theft.
11.4 Injunctive Relief. You acknowledge that the violation of any provision of this Agreement has the potential to cause irreparable harm to Palmer & Young, Inc. and the Website which cannot be reasonably or adequately compensated by monetary damages in an action at law. Accordingly, Palmer & Young, Inc. shall be entitled, without posting bond or any other security, to injunctive and other equitable relief to enforce the provisions of this Agreement. No action for injunctive or other equitable relief shall be deemed to waive CuriousJOB’s right to an action for damages.
12. Warranty. Are defined and included in the Terms of Use at http://www.curiousjob.com/page/terms.
12.1 Accessibility. Palmer & Young, Inc. makes no warranty or representation of any kind that (a) use of the Website will be uninterrupted or error-free; (b) the Website may be accessed or otherwise used outside the United States of America. If you access the Website from outside the United States of America you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.
12.2 Third Party Information. Palmer & Young, Inc. makes no representation or warranty of any kind for any information provided by a third party (such as a third party’s Resume Documentation). You acknowledge that you bear any and all risk relating to the truthfulness, accuracy, or reliability of communications or information provided by third parties on the Website.
12.3 Links. Certain links on the Website lead to resources located on servers that are not maintained or controlled by CuriousJOB. Palmer & Young, Inc. is not responsible for the contents of any such referenced websites or for the availability or access to such websites.
13. Limitation of Liability. Are defined and included in the Terms of Use at http://www.curiousjob.com/page/terms
14. Indemnity. you agree to indemnify and hold harmless CuriousJOB, its affiliates, and their agents, employees, successors and assigns from and against any and all liabilities, losses, damages, costs and expenses (including attorney’s fees and other costs of defending such action) resulting from or relating to breach of any term or condition of this Agreement by you or any of your employees or agents.
15. Copyright Infringement; Notice Agent. Palmer & Young, Inc. will terminate the account of any user, and block access to the Website by any user, who is a repeat infringer of the copyrights of others. If you believe that your copyrighted work appears on this Website in a way that constitutes copyright infringement you may notify the following person in writing in accordance with Title 17 United States Code § 512. Upon receipt of proper notification of claimed infringement, Palmer & Young, Inc. will remove or disable access to, the Material that is claimed to be infringing and may restore access to such Material in accordance with Title 17 United States Code § 512.
Agent: Rebecca Palmer
Address: PO Box 805
Willsboro, NY 12996
Email: Rebecca@palmerandyoung.com
Telephone: 518-572-4037
Fax: 866-610-2270
16. Term and Termination. Unless otherwise provided in the Order, the initial term of this Agreement will be for one month. The Agreement will be automatically extended for successive renewal terms of one month unless either party gives the other party notice of non-renewal. Palmer & Young, Inc. may immediately terminate this Agreement upon written notice if you breach any provision of this Agreement. Sections 4, 7.2, 7.3, 8, 9, 10, 11, 12, 13, 14, 16, 17 and 18, as well as any obligation to pay accrued fees will survive any expiration or termination of the Agreement.
17.1 What information do we collect? We collect information from you when you register on our site. Any of the information we collect from you may be used in one of the following ways:
a. To personalize your experience (your information helps us to better respond to your individual needs);
b. To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you);
c. To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); and
d. To process transactions (when ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, phone number and/or credit card information). you may, however, visit our site anonymously.
Please note: that Google, acts as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
17.2 What do we use your information for? your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for (i) the express purpose of delivering the purchased product or service requested (ii) to send periodic emails, (iii) the email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, and (iv) any other reason deemed by Palmer & Young, Inc. to be in accordance to your requests on the Website.
Please Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
17.3 How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
17.4 Do we use cookies? Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits.
17.5 Do we disclose any information to outside parties? We do not sell, trade, or transfer your personal identifiable information to outside. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, and/or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
17.6 Third party links. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
18.1 Assignment. You may not assign or transfer, by operation of law or otherwise, any of your rights under this Agreement or delegate any duties under this Agreement to any third party without Palmer & Young, Inc.’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void.
18.2 Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.3 Attorney's Fees. In any controversy, claim or dispute arising out of or relating to this Agreement or the method or manner of performance thereof or the breach thereof, the prevailing party shall be entitled and awarded in addition to any other relief, its attorneys' fees and costs.
18.4 Severability. If any term or provision of this Agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
18.5 Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to."
18.6 Choice of Law; Jurisdiction. This Agreement will be governed by the laws of the State of New York excluding any conflicts of laws principles that may provide for the application of the law at another jurisdiction. you hereby consent to the exclusive personal jurisdiction of the state and federal courts in the State of New York. Notwithstanding the foregoing sentence, Palmer & Young, Inc. may bring an action arising out of or relating to this Agreement in any court of competent jurisdiction.
18.7 Legal Compliance. you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website, including export administration laws and regulations promulgated by the U.S. Office of Foreign Assets Control (OFAC). you represent and warrant that you will not use the Website or any Services to facilitate any unlawful transactions, including (a) any activities involving nuclear, chemical, or biological weapons, or missile technologies therefor, prohibited under Part 744 of the Export Administration Regulations; and (b) any transactions or other dealings with foreign nationals or governments prohibited under any regulations promulgated by the Office of Foreign Assets Control of the U.S. Treasury Department.
18.8 Children’s Online Privacy Protection Act Compliance. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older
18.9 No Agency. you and Palmer & Young, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18.10 Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Palmer & Young, Inc. Attn: Rebecca Palmer at Rebecca@palmerandyoung.com (in the case of Palmer & Young, Inc.) or to the email address which the Candidate provided to Palmer & Young, Inc. during the registration process (note the email address must match the one submitted when you submitted your information on the Website). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Palmer & Young, Inc. may give a Candidate notice by certified mail, postage prepaid and return receipt requested, to the address provided to Palmer & Young, Inc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18.11 Amendments. Palmer & Young, Inc. may amend this Agreement at any time by posting the amended terms on the Website. For existing users, all amended terms shall be automatically effective 30 days after they are initially posted on the Website. In addition, Palmer & Young, Inc. will notify the Candidate of material amendments to this Agreement as provided in Section 18.9. This Agreement was last amended on February 6, 2010.
18.12 Entire Agreement. This Agreement, including Terms of Use executed by the parties (if any), contains the complete agreement of the parties regarding the subject matter herein and supersedes any prior understanding or verbal or oral agreement on any matter which is the subject of this Agreement. Other areas of the Website may be subject to additional Terms of Use which will govern those other areas.
The services hereunder are offered by Palmer & Young, Inc., PO Box 805, Willsboro, NY 12996. If the Candidate is a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
18.13 Online Privacy Policy Only. This online privacy policy applies only to information collected through our website and not to information collected offline.
18.14 Terms and Conditions. Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.curiousjob.com/page/terms.
18.15 Your Consent. By using our site, you consent to our privacy policy.