Terms of Use

This page states the "Terms of Use" under which You may use MonsterLearning, an on-line service offering information on educational opportunities ("MonsterLearning" or "Web Site").

By using MonsterLearning, You are indicating your agreement to these Terms of Use, including the Monster Privacy Statement.

Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services. By using Monster.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Monster, Inc. ("Monster" or the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, 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.

1. Use of Monster Content.

MonsterLearning authorizes You to view and access a single copy of the content available on or from the Web Site solely for your personal use. The contents of MonsterLearning, and of all other websites under the Company's control, whether partial or otherwise (Monster.com and such other websites are sometimes collectively referred to as "Monster Sites") such as text, graphics, images, logos, button icons, software and other Monster Content (collectively, "Monster Content"), are protected under both United States and foreign copyright, trademark and other laws. All Monster Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Monster Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Monster Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Monster Content on any copy You make of the Monster Content. You may not sell or modify the Monster Content or reproduce, display, publicly perform, distribute, or otherwise use the Monster Content in any way for any public or commercial purpose. The use of the Monster Content 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 any Monster Content or the pages making up any Monster Site which is also protected by the Company's copyright.

2. Monster Site Restrictions.

Users may not use any Monster Site in order to transmit, distribute, store or destroy material, including without limitation Monster Content, (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.

Users are also prohibited from violating or attempting to violate the security of any Monster Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized 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 authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Monster Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) 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.

3. Specific Prohibited Uses.

The Company specifically prohibits any other use of Monster.com, and all Users agree not to do any of the following: (a) post or submit to any Monster Site any incomplete, false or inaccurate biographical information or information which is not your own; (b) take any action that imposes an unreasonable or disproportionately large load on any Monster Site's infrastructure; (c) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Monster Site other than the search engine and search agents available from the Company on such Monster Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Monster Site; (e) aggregate, copy or duplicate in any manner any of the Monster Content or information available from any Monster Site; or (f) frame or link to any of Monster Content or information available from any Monster Site.

4. Registration Information.

When You register with any Monster 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 of Use and any privacy policy applicable to any Monster 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 or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Monster does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Monster.com or any other Monster Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

5. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

Monster Worldwide Inc., Monster, Inc., Monster Worldwide Technologies, LLC., and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Monster.com, You agree not to use Monster.com or any other Monster Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Monster.com account holders, and block access to Monster.com and/or the other Monster Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

6. The Company's Liability.

MonsterLearning acts as a venue for educational institutions to post educational opportunities and for degree seekers to request information about educational opportunities. The Company is not involved in the actual transaction between educational institutions and degree seekers. As a result, the Company has no control over the quality of the educational opportunities listed, the truth or accuracy of the listings, and makes no representations about any educational opportunities on MonsterLearning.

The Monster Sites and the Monster Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Monster Site or the Monster Content. The use of all Monster Sites and the Monster Content is at your own risk. Changes are periodically made to Monster Sites and may be made at any time.

7. Disclaimer of Warranty.

THE COMPANY DOES NOT WARRANT THAT ANY MONSTER SITE WILL OPERATE ERROR-FREE OR THAT ANY MONSTER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER SITE OR THE MONSTER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE MONSTER SITES AND MONSTER CONTENT 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 MONSTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

8. Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MONSTER 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 ANY MONSTER SITE AND THE MONSTER CONTENT, 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.

9. Limitation of Liability.

MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MONSTER SITE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

10. Links to Other Sites.

Monster.com and certain other Monster Sites contain 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.

11. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Monster Site.

12. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective 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 (i) any User Content or other material You provide to any Monster Site, (ii) your use of any Monster Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

13. General.

The Company makes no claims that the Monster Content may be lawfully viewed or accessed outside of the United States. Access to the Monster Content may not be legal by certain persons or in certain countries. If You access a Monster.com or other U.S.-based Monster Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are 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 these Terms of Use are 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 these Terms of Use , which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of Monster.com, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of Monster.com. No changes to these Terms of Use shall be made except by a revised posting on this page.

14. Additional Terms of Use.

Certain areas of Monster.com and the other Monster Sites are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

15. MonsterLearning.

Monster represents and offers various services of training providers, but does not provide the learning offered under MonsterLearning. Unfortunately, from time to time training classes are cancelled or changed due to a variety of reasons, including under enrolment, course instructor shortages, re-allocation of learning resources and other logistical problems. While Monster will work with You to help You contact your Learning Provider (see Learning Provider Index page), class changes and cancellations are not within Monster's control. Accordingly, Monster is not responsible for any loss, damage, liability, expense or other problem or cost that You may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.

16. Term and Termination

These Terms of Use will remain in full force and effect while You are a User of Monster.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from Monster.com and the other Monster Sites and immediate termination of your registration with or ability to access Monster.com and the other Monster Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to Monster.com or other Monster Site registration. Even after You are no longer a User of Monster.com, certain provisions of these Terms of Use will remain in effect, including Sections 2, 6, 8(c), 11 through 22, inclusive.