RecruitLadder Service License Agreement

Welcome to the RecruitLadder Service, the Service for corporate and executive recruiters to post jobs online operated by TheLadders.com. This page states the legally binding Terms of Use ("Terms") under which You may use the www.TheLadders.com's RecruitLadder Service to find job seekers in the employment market for positions having an annual salary of $100,000 or more.

RecruitLadder is a tool that enables employers and professional recruiters to post jobs and search for, identify and reach out to potential recruits ("RecruitLadder Service").

These Terms include the TheLadders.com's then-current Acceptable Use Policy ("AUP") available at http://www.theladders.com/abouttheladdersprivacy, as updated by TheLadders.com from time to time, and which is incorporated into these Terms by reference. Please read these Terms and the AUP carefully. If You do not accept the Terms stated here, do not use TheLadders.com and its services. TheLadders.com. may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The term "You" as used herein refers to any access to TheLadders.com's RecruitLadder Service through your login and password.

By clicking the "Continue" button at the end of "Create An Account" form You agree to be bound to the terms of this Agreement. Please read it carefully.

Intellectual Property. You acknowledge and agree that TheLadders.com owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to TheLadders.com Site and the RecruitLadder Service ("TheLadders.com Materials"). When posting jobs or other personal information on RecruitLadder Service, You consent and license TheLadders.com to use and disclose the content that You furnish in providing the Services and You acknowledge that You have the right to furnish and license such content. All messages and other communications from You to TheLadders.com and any information contained therein (including Your marks) may be used, by TheLadders.com and its affiliated sites at their sole and absolute discretion, for any purpose, without further permission or restriction from You. All such messages and content become property of TheLadders.com and its affiliated sites.

TheLadders.com expressly reserves the right to edit and delete messages, postings, files, or other material posted by You in connection with Your doing business with TheLadders.com and Your use of the RecruitLadder Service, in whole or in part, at its sole and absolute discretion, without notice or recourse to TheLadders.com and its affiliated sites.

Marks. You may not make any public announcements, press releases, advertising, marketing, promotional or other materials (whether in print, electronically or otherwise) that display or use any name, mark, logo or brand of TheLadders.com. Notwithstanding the foregoing, You agree that TheLadders.com may use your logo and associated trademarks (your "Marks"), if any, on TheLadders.com's site including but not limited to, collateral and related marketing materials to show that You are a partner of TheLadders.com. You hereby grant TheLadders.com a nonexclusive, worldwide, royalty-free, nontransferable right to use your Marks as it sees fit.

Termination. TheLadders.com may discontinue the RecruitLadder Service or terminate, without liability, your RecruitLadder Service account membership at its sole discretion at any time.

Third-Party Intellectual Property Rights. TheLadders.com respects the intellectual property of others, and we ask You, to do the same. The unauthorized posting, 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 TheLadders.com, You agree not to use TheLadders.com to infringe the intellectual property rights of others in any way. TheLadders.com reserves the right to terminate Your RecruitLadder Service account, and block access to TheLadders.com if You infringe the copyrights, or other intellectual property rights, of others. TheLadders.com reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

Notification Of Copyright or Trademark Infringement. If You believe that your copyrighted work or trademark has been uploaded, posted or copied to theLadders.com Site and is accessible on such Site in a way that constitutes copyright or trademark infringement, please notify in writing our designated agent of such case. We have designated TheLadders.com's Chief Financial Officer as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on TheLadders.com Site. You can contact the Chief Financial Officer as follows:

By mail: 137 S Varick St.
New York ,NY, 10013

By telephone: (646) 453-1840

Limitation of Liability. TheLadders.com and the RecruitLadder Service may contain inaccuracies or typographical errors. TheLadders.com makes no representations about the accuracy, reliability, completeness, or timeliness of any content on TheLadders.com. The use of TheLadders.com is at Your own risk. Changes are periodically made to TheLadders.com and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of job description or material contained therein posted by You on TheLadders.com Site. TheLadders.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs onTheLadders.com Site. You acknowledge that TheLadders.com is not Your agent with respect to employment actions and/or recordkeeping obligations, and that You are solely responsible for complying with equal opportunity laws and any affirmative action obligations to which You may be subject.

IN NO EVENT SHALL THELADDERS.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THELADDERS.COM 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 THELADDERS.COM SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THELADDERS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THELADDERS.COM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THELADDERS.COM AND THE RECRUITLADDER SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED TOTAL AMOUNT CUSTOMER HAS PAID TO THELADDERS.COM.

Disclaimer of Warranty. THELADDERS.COM DOES NOT WARRANT THAT ITS SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THELADDERS.COM SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THELADDERS.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THELADDERS.COM SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THELADDERS.COM, 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. THELADDERS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ITS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Links to Other Sites. TheLadders.com Site contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by TheLadders.com of the contents on such third-party Web sites. TheLadders.com 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.

No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any TheLadders.com Site.

Indemnity. You agree to defend, indemnify, and hold harmless TheLadders.com, 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 content or other material You provide to TheLadders.com Site, (ii) Your use of any TheLadders.com Content, (iii) any communication or interaction you have with another TheLadders.com member or user, or (iv) Your breach of the terms of these Terms. TheLadders.com shall provide notice to You promptly of any such claim, suit, or proceeding.

Marketing and Promotion. You authorize TheLadders.com and its affiliated sites to send You a reasonable amount of e-mail or other correspondence, including but not limited to, marketing promotions, special events and general information regarding TheLadders.com and its affiliated sites. You can at any time choose not to receive e-mail by either choosing the applicable option in your account management tool or by emailing dave@recruitladder.com.

General. TheLadders.com makes no claims that the TheLadders.com Content may be lawfully viewed or accessed outside of the United States. Access to the TheLadders.com Content may not be legal by certain persons or in certain countries. If You access a TheLadders.com 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 are governed by the internal substantive laws of the State of New York, 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 New York state. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, TheLadders.com's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect TheLadders.com's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of TheLadders.com, a particular "Legal Notice," or software license or material on particular TheLadders.com pages, these Terms constitute the entire agreement between You and TheLadders.com with respect to the use of TheLadders.com. No changes to these Terms shall be made except by a revised posting on this page.

These Terms constitute a binding agreement between You and TheLadders.com, and is accepted by You upon your use of TheLadders.com Site. By clicking the "Continue" button at the end of "Create An Account" form You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.