Welcome to the NACElink Network, a national, web-based system for recruiting college students for all types of employment, owned and operated by the National Association of Colleges and Employers (NACE). NACElink is not a public site; NACElink Network services are exclusive to students of NACElink schools and to employers/third-party recruiters/temporary agencies who register directly on NACElink.com or through a NACElink school. Because of the special nature of this privilege, before proceeding, you are asked to agree with the following regarding your use of NACElink. Once you click the "I Agree" button, you will be agreeing to all of the terms and conditions of this User Agreement. NACE reserves the right to change the terms at any time.

1. Please read this agreement carefully. It contains the terms and conditions governing your access to and use of NACElink. If you do not accept these terms and conditions, or you do not meet or comply with their provisions, you may not use NACElink. If you are a college or university using NACElink, you may have entered into a License Agreement with NACE, in which case these Terms and Conditions are part of that License Agreement.

2. Definitions. The following definitions apply to these Terms and Conditions:

a. "Student" means a person who is currently enrolled in and/or attending a NACElink school.

b. "Alumni" means a person who has graduated from a NACElink school.

c. "Connect School" means any person or entity that is accessing the student or career center user side of a co-branded version of NACElink through a link on the school's career services web site.

d. "Career Services Manager Modular Edition (CSM ME) School" means any person or entity that is accessing a customized version of NACElink through or as a subscriber school under a license agreement with NACE.

e. "Career Services Manager (CSM) School" means any person or entity that is accessing a customized version of NACElink which includes all modules through or as a subscriber school under a license agreement with NACE.

f. "Content" includes all text, graphics, design, and programming used on the site.

g. "Text" includes all text on every page of the site, whether editorial, navigational, or instructional.

h. "Design" includes the color combinations and the page layout of the web site.

i. "Document" refers to any posting to the site, whether job, resume, portfolio, transcripts, writing samples, e-mail, or other job-search materials.

j. "Graphics" includes all logos, buttons, and other graphical elements on the site.

k. "Employer" means a person or entity that is accessing the site to post a job or to do anything for any reason related to the purpose of seeking candidates for employment.

l. "Job seeker" means a user who is either a student or alumnus of a NACElink school who is accessing the site to search for a job or is using the site in any other capacity to obtain employment.

m. "NACElink web site" or the "Site" includes www.nacelink.com in its entirety and its related sites owned or operated by NACE, and includes their content, text, graphics, design, programming, and services as applicable in the context.

n. "Programming" includes both client-side code (e.g., HTML, JavaScript) and server-side code (PHP, Active Server Pages, VBScript, data bases, etc.) used on the site.

o. "Services" means any services provided on the site by NACE or its agents.

p. "Temporary agency" means any person or entity that is accessing the site to post a job for any reason related to the purpose of seeking candidates for employment with the organization for placement with a client organization to perform specific tasks or complete specific projects.

q. "Third-party recruiter" means any person or entity that is accessing the site to post a job for any reason related to the purpose of seeking candidates for temporary, part-time, or full-time employment opportunities with a client organization.

r. "User" refers to any individual or entity who uses any aspect of the site.

s. "You" and "your" means the person who (or the entity on behalf of which you are acting) that is agreeing to these Terms and Conditions.

3. General Acceptable Use of the Site. The site is intended for individuals seeking employment and for employers seeking candidates for employment. You may use this site only for lawful purposes within the stated context of NACE's intended and acceptable use of the site. NACE is the sole interpreter of the site's intended and acceptable use and can permit or refuse usage by employer, job seeker, temporary agency, or third-party recruiter. NACE reserves the right to change these rules at any time. The following are general rules that apply to all users:

a. You may not respond to postings by other users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with a candidate). Communications soliciting the employer's business by NACE competitors are prohibited.

b. You may not send unsolicited e-mail to users promoting your products or services, or for other commercial purposes, or to promote career activities on campus. The exception to this is that "CSM ME" or "CSM" schools may send unsolicited e-mails to employers, students, and alumni who are in the school's "local" (specific to the school) NACElink data base.

c. PROTECT YOUR PASSWORD. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the site, you risk losing your access to the site. You agree to notify NACE immediately of any unauthorized use of your registration and password.

d. You may not delete or revise any material posted by any other person or entity.

e. Report inappropriate postings or conduct to Jennifer Rutt, NACElink director, jrutt@naceweb.org, or ext. 120 at 800/544-5272 or 610/868-1421.

f. NACE is under no obligation to monitor the documents posted on the site, but it may monitor documents at random. It will investigate complaints of inappropriate usage, postings, or conduct. Users found to violate the acceptable use policy in this section and in sections 4, 5, 6, and 7 below may be removed at NACE's discretion.

g. Users are prohibited from violating or attempting to violate the security of the site, including, without limitation:

1. accessing data not intended for such user or logging into a server or account that the user is not authorized to access;
2. attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host, or network, including, without limitation, via submitting a virus to the site, overloading, "flooding," "mailbombing," or "crashing;"
4. sending unsolicited e-mail, including promotions and/or advertising of products or services, except as provided for "CSM ME" or "CSM" schools in 3b above;
5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
6. unauthorized linking to the site.

Violations of system or network security may result in civil or criminal liability. NACE will investigate occurrences, that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

4. Acceptable Use of the Site by Job Seekers. NACE hereby grants you a limited, terminable, nonexclusive right to access and use the site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the site solely for your personal, noncommercial use. Your use of the site is a privilege. NACE reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.

a. Should you post any document to NACElink.com or e-mail an employer, your resume, e-mail, or other documents may not contain:

1. copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
2. trade secrets (unless you own them or have the owner's permission to post them);
3. material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
4. anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
5. anything that is embarrassing or offensive to another person or entity.

b. Your resume must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf. You may not use your resume or e-mail to:

1. impersonate another person, living or dead;
2. post false, inaccurate, or misleading information;
3. post advertisements or solicitations of business;
4. post chain letters or pyramid schemes; or
5. post opinions or notices, commercial or otherwise.

c. Your resume must contain sufficient detail to convey clearly to the user your qualifications as a candidate for employment. Documents that encourage the user to "e-mail for more details" are not permitted.

5. Acceptable Use by Employers, Third-Party Recruiters, and Temporary Agencies. NACE hereby grants you a limited, terminable, nonexclusive right to access and use the site only for your internal business use seeking candidates for employment and scheduling interviews. This authorizes you to view and download a single copy of the material on the site solely for your personal use directly related to using the site for the purpose of recruiting candidates. NACE reserves the right to suspend or terminate your access and use at any time for any reason, including but not limited to if NACE makes a determination that you are in breach of any of these Terms and Conditions:

a. Your job posting or e-mail communication may not contain:

1. copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
2. trade secrets (unless you own them or have the owner's permission to post them);
3. material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
4. anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
5. anything that is embarrassing or offensive to another person or entity.
6. If you are a third-party recruiter or temporary employment agency, your job posting or e-mail communications may not contain URLs or links to web sites to advertise your company or web site, or to your job-posting area.

b. You may not use your job postings or e-mail to:

1. post false, inaccurate, or misleading information;
2. post advertisements or solicitations of business (including, but not limited to, multi-level marketing [MLM] positions, e-mail processors, project 21, franchises, "club memberships," distributorships);
3. post advertisements or solicitations for employment in the pornography industry;
4. post chain letters or pyramid schemes; or
5. post opinions or notices, commercial or otherwise.

c. Your job postings or e-mails must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity. Job postings or e-mails that encourage the user to "e-mail for more details" are not permitted.

d. Job postings from any third-party recruiter charging a fee or restricting complete access to all job information are prohibited.

e. Job postings must be actual, current, individual openings for internships, cooperative education assignments, and/or traditional, W-2 or 1099 employees. Third-party recruiters must identify the employer whose job they are posting on NACElink on the behalf of an employer.

f. Third-party recruiters and temporary agencies may not use, take, download, or in any other manner obtain the employer job postings in order to populate their own organization's data base of job openings. This means you may not sell, transfer, or in any other manner provide access to job postings to any person or entity outside of your organization, other than to provide information on a perspective job candidate to a client organization that has an actual job opening or has a need for a temporary worker.

g. Employers, third-party recruiters, and temporary agencies are required to abide by the NACE Principles for Professional Conduct in their recruiting, selection, and hiring practices associated with use of NACElink.

h. Individual CSM and CSM ME career centers have the option to review and accept or reject individual postings targeted to their students.

6. Acceptable Use by Connect, CSM ME, and CSM Schools. NACE hereby grants you a limited, terminable, nonexclusive right to access and use the site only for your internal business use providing employment opportunities to students and alumni.

a. "Connect," "CSM ME," and "CSM" schools may view employment opportunities posted on NACElink.com as well as contact information from employers, third-party firms, and temporary agencies. You may print out such contact information for your own internal personal use.

b. You are prohibited from downloading, copying, or in any other manner taking job-seeker or employer information or job postings from NACElink.com and populating your data bases with the information, or using the employer or job-seeker contact information to solicit employers or job seekers to participate in your career services programs, except for that employer and job-seeker information residing on your local (school-specific) NACElink data base.

c. You may not provide a direct link to NACElink to an employer, third-party recruiter, or temporary agency to be placed on that organization's web site. All employers, third-party recruiters, and temporary agencies may only access NACElink through the link on your school's web site or directly on the NACElink web site at www.nacelink.com. These entities must establish separate accounts on NACElink.

7. Other Specific Rules. You represent, warrant, and agree that you will not use (or plan to, encourage, or help others to use) the site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the site complies with these Terms and Conditions.

8. Intellectual Property Rights. The site and all rights, title, and interest in and to the site are the sole property of NACE or its licensors, and are protected by U.S. copyright and trademark laws. Except for the limited licenses expressly granted to you in the User Agreement, NACE reserves for itself and its licensors all other rights, title, and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate web pages on the site. "NACElink," the NACElink design logo, and certain other names or logos are service marks or trademarks of NACE. In addition, NACE's trademarks, service marks, and copyrights also protect the "look and feel" of the site (including color combinations, button shapes, layout, design, and all other graphical elements). All other product and service marks contained on the site are the trademarks of their respective owners.

9. Disclaimers and Limitations on NACE's Liability. NACE assumes no responsibility for documents posted by users and no responsibility for the activities, omissions, or other conduct of users. NACE does not endorse, guarantee, or review job postings placed on NACElink.com, nor is it responsible for the hiring, recruiting, and selection practices of employers who post jobs on NACElink. NACE is not responsible for any practice of the career services office regarding referral of students for positions. Students who respond to job postings on NACElink respond at their own risk.

10. No endorsements by NACE. Nothing on the site shall be considered an endorsement, representation, or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

* 11. No Guarantee of Results. NACE is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the site in meeting the employment objectives of users. NACE does not guarantee that documents posted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user.

12. WARRANTY DISCLAIMERS:

(a) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NACE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NACE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) WITHOUT LIMITATION ON THE FOREGOING:

1. NACE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NACE IS NOT RESPONSIBLE FOR THOSE COSTS.
2. NACE makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any documents posted by users, or of any other form of communication engaged in by users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on documents posted by users, or on any other form of communication with users, will be at your own risk.
3. NACE makes no representations or guarantees regarding the content of the site, including, but not limited to, broken links, inaccuracies, or typographical errors.

13. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY, AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. SOME OF THE RISKS, INCLUDE BUT ARE NOT LIMITED TO: THE RISK OF PHYSICAL HARM OR OF DEALING AND COMMUNICATING WITH STRANGERS, PERSONS OUTSIDE THE JURISDICTION OF THE UNITED STATES, MINORS, OR PERSONS ACTING UNDER FALSE PRETENSES.

(b) IN NO EVENT SHALL NACE (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING OR ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NACE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN NACE'S MAXIMUM LIABILITY TO YOU FOR ANY INDIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL NACE (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $100.00 (OR, IF YOU ARE A SCHOOL WITH A LICENSE AGREEMENT WITH NACE, THE AMOUNTS ACTUALLY PAID BY YOU TO NACE UNDER THIS AGREEMENT IF GREATER THAN U.S. $100.00).

(e) Due to the nature of these Terms and Conditions, in addition to money damages, NACE will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

14. Links to Other Sites. NACElink contains links to other web sites, such as employer sites and job-seeker sites. These links are provided solely as a convenience to you and not as an endorsement by NACE of the contents on such third-party web sites. NACE 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.

15. Amendments to This Agreement and Changes to Site. NACE may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by NACE unless NACE agrees to them in a signed writing specifically including those new or different terms. NACE may change the Site at any time.

16. Indemnity. You agree to defend, indemnify, and hold harmless NACE (and its officers, directors, employees, and agents) from and against any claims, actions or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any document posted by you, or your breach of these Terms and Conditions. NACE shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

17. User Information. The Privacy Policy posted on the site is incorporated in this agreement by this reference. The privacy policy governs data collected through NACElink only. In addition, NACE reserves the right to comply, in its sole discretion, with legal requirements.

18. Questions and Notices. Questions concerning the use of the site should be directed to jrutt@naceweb.org. Notices shall be sent, for NACE, to the address listed on the site, and, for you, to the address submitted by you or such other address as NACE reasonably determines is an appropriate address for you.

19. Use outside of the United States. NACE makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the site. If you access NACElink from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

20. Jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Pennsylvania, without respect to Pennsylvania's conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of Pennsylvania. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect.

21. Termination and Waiver. All provisions of these Terms and Conditions shall survive termination except those granting access to or use of the site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by NACE in a particular "Legal Notice," or software license or material on particular web pages of the site, these Terms and Conditions constitute the entire agreement between you and NACE.

22. Binding Agreement. The User Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between you and NACE. The User Agreement (agreements may be amended from time to time by NACE) forms a binding agreement between you and NACE. Your access to or use of the site indicates your acceptance of these Terms and Conditions. You are agreeing to use the site at your own risk.

Last Updated October 15, 2007