CEDIA Career Center: Terms of Use

This page states the Terms of Use ("Terms") under which you ("You") may use the CEDIA Sites and the CEDIA Services (each as defined below).

These Terms constitute a binding agreement between You and Custom Electronic Design and Installation Association (“CEDIA”), and are deemed accepted by You each time that You use or access any CEDIA Site or CEDIA Services. If You do not accept the Terms stated here, do not use the CEDIA Sites and the CEDIA Services.

CEDIA does not guaranty the success of any of the job postings or employment searches in the CEDIA Sites. You agree that upon Your listing of job postings on the CEDIA Sites, all fees charged by CEDIA shall be earned in their entirety, and shall not be subject to rescission, offset or credit of any kind.

The CEDIA Sites are defined as any Web sites under CEDIA’s control, whether partial or otherwise (including, without limitation, the CEDIA Sites and the Web site from which these terms of use were accessed). The CEDIA Sites include a variety of features and services, including an on-line service to post and search employment opportunities, including without limitation the services provided on the CEDIA Career Center (“CEDIA Services”).

CEDIA 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.

Users who violate these Terms may have their access and use of the CEDIA Sites suspended or terminated, at CEDIA’s discretion.

Eligibility

You must be 13 years of age or older to visit or use any CEDIA Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any CEDIA Site under the supervision of a parent, legal guardian, or other responsible adult. By visiting the CEDIA Sites or accepting these Terms, You represent and warrant to CEDIA 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 these Terms. You also represent and warrant to CEDIA that You will use the CEDIA Sites in a manner consistent with any and all applicable laws and regulations.

Use of CEDIA Content

CEDIA authorizes You to view and access a single copy of the content available on or from the CEDIA Sites solely for your personal use. The contents of the CEDIA Sites such as text, graphics, images, logos, button icons, software and other CEDIA content (collectively, "CEDIA Content"), are protected under both United States and foreign copyright, trademark and other laws. All CEDIA Content is the property of CEDIA or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the CEDIA Sites is the exclusive property of CEDIA and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the CEDIA Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original CEDIA Content on any authorized copy You make of the CEDIA Content.

You agree not to sell or modify the CEDIA Content or reproduce, display, publicly perform, distribute, or otherwise use the CEDIA Content in any way for any public or commercial purpose, in connection with products or services that are not those of the CEDIA Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits CEDIA or its licensors, that dilutes the strength of CEDIA's or its licensor’s property, or that otherwise infringes CEDIA's or its licensor’s intellectual property rights. You further agree to in no other way misuse CEDIA Content that appears on this Site. The use of the CEDIA Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that CEDIA creates to generate or display any CEDIA Content or the pages making up any CEDIA Site is also protected by CEDIA's copyright and you may not copy or adapt such code.

CEDIA Site Restrictions.

Users may not use any CEDIA Site in order to transmit, post, distribute, store or destroy material, including without limitation, CEDIA 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 CEDIA 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 CEDIA 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 and/or criminal liability. CEDIA 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.

In order to ensure a safe and effective experience for all of our customers, CEDIA reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in CEDIA’s sole discretion from time to time.

Specific Prohibited Uses.

The job posting, resume database (“CEDIA Resume Database”) and other features of the CEDIA Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

CEDIA specifically prohibits any other use of the CEDIA Sites, and all Users agree not to do any of the following: (a) post jobs or content on any CEDIA Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (b) post jobs for modeling or talent or talent scouting positions on any CEDIA Site; (c) use any CEDIA Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the CEDIA Resume Database to sell or promote any products or services; (d) post or submit to any CEDIA Site any incomplete, false or inaccurate biographical information or information which is not your own; (e) post on any CEDIA Site 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 (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (f) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any CEDIA Site; (g) delete or revise any material posted by any other person or entity; (h) take any action that imposes an unreasonable or disproportionately large load on any CEDIA Site's infrastructure; (i) 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 CEDIA Site other than the search engine and search agents available from CEDIA on such CEDIA Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (j) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any CEDIA Site; (k) aggregate, copy or duplicate in any manner any of the CEDIA Content or information available from any CEDIA Site, without express written consent from CEDIA; or (l) frame or link to any CEDIA Content or information available from any CEDIA Site.

CEDIA's Liability.

The CEDIA Sites act as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. CEDIA is not involved in the actual transaction between employers and candidates. As a result, CEDIA has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and CEDIA makes no representations about any jobs, resumes or User Content on the CEDIA Sites. CEDIA may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CEDIA, damage CEDIA’s brand or public image, or cause CEDIA to lose (in whole or in part) the services of its ISPs or other suppliers. While CEDIA reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the CEDIA Sites from time to time, CEDIA does not assume any obligation to do so and disclaims any liability for failing to take any such action.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

CEDIA cannot guarantee and does not promise any specific results from use of the CEDIA Sites. No advice or information, whether oral or written, obtained by a User from CEDIA through or from any CEDIA Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty.

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

Disclaimer of Consequential Damages.

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

Limitation of Liability.

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

Links to Other Sites.

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

Indemnity.

You agree to defend, indemnify, and hold harmless CEDIA, 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 CEDIA Site, (ii) your use of any CEDIA Content, or (iii) your breach of the terms of these Terms. CEDIA shall provide notice to You promptly of any such claim, suit, or proceeding.

General.

CEDIA makes no claims that the CEDIA Content may be lawfully viewed or accessed outside of the United States. Access to the CEDIA Content may not be legal by certain persons or in certain countries. If You access CEDIA.org or any other U.S. based CEDIA 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. These Terms are governed by the internal substantive laws of the State of Indiana, 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 Indianapolis, Indiana. If any provision of these Terms 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 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, CEDIA’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect CEDIA’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 the CEDIA Sites, a particular "Legal Notice," or software license or material on particular CEDIA Site pages, these Terms constitute the entire agreement between You and CEDIA with respect to the use of the CEDIA Sites. No changes to these Terms shall be made except by a revised posting on this page.

Term and Termination

These Terms will remain in full force and effect while You are a User of the CEDIA Sites at any level. CEDIA reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the CEDIA Sites and the other CEDIA Sites and immediate termination of your registration with or ability to access the CEDIA Sites and the other CEDIA Sites and/or any other services provided to You by CEDIA, upon any breach by You of these Terms or if CEDIA is unable to verify or authenticate any information You submit to CEDIA.org or pursuant to other CEDIA Site registration.

These Terms constitute a binding agreement between You and CEDIA, and is accepted by You upon your use of a CEDIA Site.