This page states the Terms and Conditions under which you
may use DaCare.com and DaCareDB.com. Please read this page
carefully. If you do not accept the Terms and Conditions stated
here, do not use this web site and service. By using this
web site, you are indicating your acceptance to be bound by
the terms of this Agreement. DaCare Inc. (the "Company")
may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically to review
the Terms and Conditions, because they are binding on you.
The terms "You" and "User" as used herein
refer to all individuals and/or entities accessing this web
site for any reason.
Use of Material
The Company authorises you to view and download a single copy
of the material on DaCare.com and DaCareDB.com (the "Web
Site") solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images
and other material ("Material"), are protected by
copyright under both United States and foreign laws. Unauthorised
use of the Material may violate copyright, trademark, and
other laws. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you
make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise
use the Material in any way for any public or commercial purpose.
The use of the Material on any other web site or in a networked
computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company
creates to generate its pages. It is also protected by the
Acceptable Site Use
General Rules: Users may not use the Web Site in order to
transmit, distribute, store or destroy material (a) in violation
of any applicable law or regulation, (b) in a manner that
will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that
is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating
or attempting to violate the security of the Web Site, including,
without limitation, (a) accessing data not intended for such
user or logging into a server or account which the user is
not authorised to access, (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach
security or authentication measures without proper authorisation,
(c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or
advertising of products or services, or (e) forging any TCP/IP
packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. The Company
will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Specific Prohibited Uses. The Web Site may be used only for
lawful purposes by individuals seeking employment and career
information and employers seeking employees. The Company specifically
prohibits any use of the Web Site, and all users agree not
to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information
or information which is not your own accurate resume (living
individual seeking employment on a full-time or part-time
basis on his or her own behalf).
Posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement
or other business opportunity which requires an up front or
periodic payment, pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors or
Deleting or revising any material posted by any other person
When you register for the Web Site, you will be asked to provide
the Company with certain information including, without limitation,
a valid email address (your "Information"). In addition
to the terms and conditions that may be set forth in any privacy
policy on this Web Site, you understand and agree that the
Company may disclose to third parties, on an anonymous basis,
certain aggregate information contained in your registration
application. The Company will not disclose to any third party
your name, address, e-mail address or telephone number without
your prior consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings where
such information is relevant. The Company reserves the right
to offer third party services and products to you based on
the preferences that you identify in your registration and
at any time thereafter; such offers may be made by the Company
for further details regarding your Information.
As a user, you are responsible for your own communications
and are responsible for the consequences of their posting.
You must not do the following things: post material that is
copyrighted, unless you are the copyright owner or have the
permission of the copyright owner to post it; post material
that reveals trade secrets, unless you own them or have the
permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post a sexually-explicit
image or statement; post advertisements or solicitations of
business; post chain letters or pyramid schemes; or impersonate
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users
or endorse any opinions expressed by users. You acknowledge
that any reliance on material posted by other users will be
at your own risk.
The Company has no obligation to screen communications in
advance and is not responsible for screening or monitoring
material posted by users. If notified by a user of communications
which allegedly do not conform to this Agreement, the Company
may investigate the allegation and determine in good faith
and its sole discretion whether to remove or request the removal
of the communication. The Company has no liability or responsibility
to users for performance or nonperformance of such activities.
The Company reserves the right to expel users and prevent
their further access to the Web Site for violating this Agreement
or the law and the right to remove communications which are
abusive, illegal, or disruptive.
By submitting content to any public area of the Web Site,
including message boards, forums, contests and chat rooms,
you grant the Company and its affiliates the royalty-free,
perpetual, irrevocable, non-exclusive right (including any
moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or
later developed, for the full term of any rights that may
exist in such content. You also warrant that the holder of
any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above.
You also permit any subscriber to access, display, view, store
and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the Web Site
retains any and all rights that may exist in such content.
Registration and Password
You are responsible for maintaining the confidentiality of
your information and password. You shall be responsible for
all uses of your registration, whether or not authorised by
you. You agree to immediately notify the Company of any unauthorised
use of your registration or password.
The Companys Liability
The Material may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material.
The use of the Web Site and the Material is at your own risk.
Changes are periodically made to the Web Site and may be made
at any time.
You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any resume or material
contained therein placed by you on the Web Site. Employers
are solely responsible for their postings on the Web Site.
The Company is not to be considered to be an employer with
respect to your use of the Web Site and the Company shall
not be responsible for any employment decisions, for whatever
reason made, made by any entity posting jobs on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS,
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Links to Other Sites
The Web Site contains links to third party web sites. These
links are provided solely as a convenience to you and not
as an endorsement by the Company of the contents on such third-party
Web sites. The Company is not responsible for the content
of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party
Web sites. If you decide to access linked third-party Web
sites, you do so at your own risk.
Limitation of Liability
The aggregate liability for the Company to you for all claims
arising from the use of the Materials is limited to $100.
The Company reserves the right, at its sole discretion, to
immediately terminate your registration with or ability to
access the Web Site and/or any other service provided to you
by the Company, upon any breach by you of this Agreement.
You agree to defend, indemnify, and hold harmless the Company,
its' officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting
from your use of the Material or your breach of the terms
of this Agreement. The Company shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
The Company makes no claims that the Materials may be lawfully
viewed or downloaded outside of the United States. Access
to the Materials may not be legal by certain persons or in
certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This Agreement
is governed by the internal substantive laws of the Commonwealth
of Massachusetts, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this
agreement shall lie exclusively with the state or federal
courts within Boston, Massachusetts.
If any provision of this Agreement is found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall
be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in a particular "Legal
Notice," or Software License or material on particular
Web pages, this Agreement constitutes the entire Agreement
between you and the Company with respect to the use of Web
Site. No changes to these Terms and Conditions shall be made
except by a revised posting on this page.
DaCare's Privacy Commitment - Overview
DaCare is committed to protecting the privacy of our users.
We want to provide a safe, secure user experience. The following
statement explains DaCare's commitment to managing your personal
information and sets out how and when personal information
is collected, held, used or disclosed.
Information About All DaCare Visitors
We gather information about all of our users collectively,
such as what areas users visit most frequently and what services
users access the most. We only use such data anonymously and
in the aggregate. This information helps us determine what
is most beneficial for our users, and how we can continually
create a better overall experience for you. We may share this
information with our partners, but only in the aggregate,
so that they too may understand how DaCare visitors use our
site, and also create a better overall experience for you.
We do not disclose information about your individual visits
to DaCare to any outside parties, except when the law requires
Information About You Specifically
DaCare is a career site, we retain your personal information
to assist in your career performance or management including
finding or retaining work; or to facilitate other services
to or by us.
For example, when you sign up to use a service, enter into
a contest, or purchase a product, we collect more specific
personal information about you, such as your name, address,
email address, telephone number, credit card number, qualifications
or career history.
If you choose to do so we may also retain sensitive information
about you such as information about your membership in a professional
or trade association or trade union.
We may also ask you for other information, such as information
on your interests, your likes and dislikes regarding the site,
the types of jobs you are interested in, etc., in an effort
to deliver to you the best possible site experience. When
you grant us your permission, we will communicate with you
regularly with tips, advice and survey information on using
the DaCare site to maximise your career development. DaCare
also provides you with the opportunity to opt-out of these
types of communications. If you choose to receive these types
of communications at the time of registration, but later decide
you no longer want to receive them, simply log in to your
My DaCare account and edit your account profile.
If you input your information on a co-branded registration
page, such as that of a DaCare and partner company-sponsored
contest, then your information will be collected, used and
becomes the property of both DaCare and the partner co-sponsoring
the contest. In that instance, DaCare is not responsible for
the information that the partner company receives or how it
If you do not provide us with the information sought in the
required fields DaCare may be limited in its ability to provide
you with services.