Terms

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY ZOLIO IN ANY MANNER SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT.

The Web pages available at www.Zolio.com and all linked pages (”Site”), are owned and operated by Zolio LLC (“we,” “us”, “Zolio”), and are accessed by you (“you,” “User”) and (if applicable) the entity on whose behalf you are registering to use the Site (collectively you and that entity are a “Member”), under the following terms and conditions.

By accepting this Agreement, you represent and warrant to Zolio that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by this Agreement. You represent and warrant that you have the right and ability to act on behalf of Member and to bind Member with respect to the rights and obligations set forth in this Agreement.

Zolio reserves the right, at its discretion, to modify this Agreement or Services (as defined below) at any time by posting a notice on the Site, or by sending you a notice via email or postal mail. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes you acceptance of the Agreement as modified.

If you have a question or complaint regarding the Site, please send an e-mail (Terms@zolio.com), or write to us at ( Zolio, LLC 2260 Warrensville Center Road #206 University Heights, OH 44118), or call us at (216-255-3070).

Description of the Services.
We provide users of the Site with access to certain specialized content and services related to professionals’ resumes, including without limitation, the creation of electronic profiles, resume organization and conversion functionality, forums, video clips, photographs, graphics, images, charts, text, data, user comments, postings, messages, articles and other similar content (such content and services, collectively, the “Services”). All content and services made available through the Site that were not made available as of the “LAST UPDATED” date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.

SPECIAL NOTE REGARDING THE SERVICES: Please note that, as part of the Services, we provide certain specialized services related to the creation of an electronic profile for each individual who registers for the Site and provides resume information and for individuals for whom a resume is provided to the Site. Such profiles include enhanced features determined by Zolio (each such electronic profile, together with all of other information, video or audio clips, photographs, graphics, images, charts, text, data, comments, postings messages, articles and other similar content posted by an individual, a “Zolio™”). Zolio will not screen or review any of the Zolios to determine suitability for employment, nor does Zolio act as an agent for any individual submitting his or her resume or Zolio through the Site or any company that may view an individual’s resume or Zolio through the Site, and nothing herein creates an employer-employee, agency or other relationship between Zolio and such individual. Zolio is not, and shall not be, responsible for recruiting, hiring, or any other decisions related to employment with respect to the Zolios or any individuals using the Site. Therefore, Zolio has no control over the Zolios or the quality, truth, accuracy, reliability, completeness or timeliness of such Zolios, or the ability of a potential employer to offer opportunities to individuals, or the ability of individuals to fill job openings, and Zolio makes no representations or warranties about any Zolio, potential employer or individual.

Site Contents and Intellectual Property.
Everything you see, hear or receive from or on the Site (”Content”), is protected by copyrights, trademarks, service marks, patents, trade secrets, trade dress or other intellectual property rights owned by Zolio or its licensors. Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in this Agreement transfers to you any right, title or interest in any Content. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. Zolio may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.

Except as expressly authorized by Zolio, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or the Content. We permit you to print or download one copy of the materials or Content on this website on any single computer for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices (for example, “Copyright © 2008 Zolio LLC. All rights reserved.”). Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Zolio is prohibited.

In addition, this website contains a number of names, logos, trademarks, service marks and other intellectual property rights which are the property of Zolio. You agree not to use or display publicly these marks without the prior written permission of Zolio. Other trademarks appearing on this website are the property of their respective owners. This website is owned by Zolio and any of the images, text, audio or other comments (basically everything you see, read or hear on this website) is copyrighted by Zolio and may only be used in the manner provided on this Agreement.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Zolio and our affiliates without express written permission. You may not use any metatags or any other hidden text utilizing Zolio’s name or trademarks without the prior written permission of Zolio.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to this website so long as the link does not portray Zolio, its affiliates or their products or services in a false, misleading, derogatory or otherwise objectionable manner. You may not use any Zolio logo or other proprietary graphic or trademark as part of the link without prior written permission of Zolio.

Use of the Site.
You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on the Site. Zolio is not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than Zolio. You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user’s use of the Site, including, without limitation, overloading, “flooding”, “mailbombing” or “crashing” the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user’s experience of the Site.

Acceptance of Agreement.
You agree that you are subject to any additional posted guidelines, rules, and conditions applicable to the Services. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of the changes.

Access by Employees.
A Member may provide access to the Site to Member’s employees; provided that: (a) Member agrees to require each such employee to be bound by this Agreement; (b) Member remains responsible and liable for all acts and omissions of Member’s employees in connection with the Site, including all monetary transactions, and for any breaches by such employees of this Agreement; and (c) if any of Member’s employees ceases to be an employee of Member, Member shall immediately cease to provide Site access to such former employee. All references to Member’s access and/or use of the Site herein include access and/or use of the Site by Member’s employee.

Jurisdiction.
The Site is controlled and operated by Zolio from the United States, and is not intended to subject Zolio to the laws or jurisdiction of any state, country or territory other than that of the United States. Zolio does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We reserve the right to limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.

Information Submitted Through the Site.
The submission of information through the Site, including in connection with the creation, modification and/or review of a Zolio™ is governed by Zolio’s Privacy Policy, which is located at (http://www.zolio.com/privacy). This Agreement incorporates the Privacy Policy. You represent and warrant that any and all information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or the Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (”Submissions”), provided by you to Zolio are non-confidential and shall become the sole property of Zolio. Zolio shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Registration; User Names and Passwords.
You will be required to register with Zolio in order to access certain Services or areas of the Site. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all monetary transactions. You agree to immediately notify Zolio of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Information on the Site.
Information made available on the Site or through a Forum (including on any Zolio) may be provided both by Zolio and by third-party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a Forum (including on any Zolio) that are inaccurate, misleading or deceptive. Zolio neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a Forum (including on any Zolio) by third parties, and Zolio is not responsible for any information or materials made available through the Site or through a Forum (including on any Zolio) or results obtained by using any such information or materials. Under no circumstances will Zolio or its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site or through a Forum (including on any Zolio) reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Zolio. Zolio has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Site or through a Forum (including on any Zolio). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR THROUGH A FORUM (INCLUDING ON ANY ZOLIO), YOU DO SO AT YOUR OWN RISK.

License.
You retain ownership of any materials you submit through the Site or through a Forum (including on any Zolio) (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you grant to Zolio and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Zolio’s business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit on your Zolio, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such Zolio. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Monitoring.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Zolio and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.

Links.
The Site may contain links to third party websites that are not owned or controlled by Zolio. When you access third party websites, you does so at your own risk. Zolio encourages you to be aware when you leave the Site and to read the agreement and conditions and privacy policy of each third party website that you visit. Zolio has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Zolio will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Site, You expressly relieve Zolio from any and all liability arising from your use of any third party website. You acknowledge and agree that Zolio does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE AGREEMENT AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Disclaimer of Warranties.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. ZOLIO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

Limitations of Liability.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at (Terms@zolio.com) with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

IN NO EVENT SHALL ZOLIO OR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, ZOLIO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY ZOLIO OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ZOLIO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ZOLIO TO ACCESS AND USE THE SITE AND SERVICES.

SERVICE IS PROVIDED ON AN “AS IS” BASIS. ZOLIO RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF PRODUCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. ZOLIO DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ZOLIO DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF ZOLIO IS AWARE OF THEM.

You agree to indemnify, defend and hold harmless Zolio from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including any attorney’s fees) arising out of any unauthorized uses you may make of any material on the Site or any breach by you of this Agreement.

Termination.
This Agreement is effective until terminated. Either party may terminate the Services at any time by notifying the other party by any means. Zolio may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the conditions of this Agreement. Upon termination of User’s account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability. You agree that Zolio shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Miscellaneous.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Zolio. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Zolio relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Zolio relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, at Zolio’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Zolio will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Entire Agreement.
For jobseekers, trial users, companies searching for employees, subscribers Users and Members, this Agreement represents the entire agreement between you and Zolio with respect to the subject matter hereof.