User Agreement and Terms of Use
In consideration of the Corporate Executive Board (“We,” “Us”, “Our”) providing You limited rights of use and access to this Internet website located at www.employables.net (“Site”), You hereby agree to the following terms and conditions of this Website User Agreement and Terms of Use (this “Agreement”). This Agreement is in addition to and does not nullify any other Agreement between You and Us, or any other applicable terms and conditions found on the Site. You agree to comply with all rules or restrictions that are posted on the Site.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEEMENT, DO NOT USE THE SITE.

1. Acceptance of Terms
Welcome to employables.net, a database of employable Nigerians. Employables.net is a wholly-owned subsidiary of the Mark Calthers Consulting. By using, accessing, or linking to any service or product of Mark Calthers Consulting, including this Site, You agree that You are bound by these Terms of Use (“Terms”), whether or not You are a registered user of Employables.com. We reserve the right to change the Terms at any time. Changes to the Terms will be posted on this page and indicate the date of the most recent change, and it is Your responsibility to determine whether there have been changes. Changes to this Agreement will not be applied retroactively. Your continued use, access, or linking after the Terms have been changed constitutes acceptance by You of the updated Terms. In addition, when using particular Employable Services, You and Employables.net shall be subject to any posted guidelines or rules applicable to such Services, including but not limited to the employables.com Groups Moderation Policies, which may be found at: www.employables.net. All such guidelines or rules are hereby incorporated by reference into the Terms.

2. Description of Services
Employables.net currently provides users with access to a variety of Services, including but not limited to, submission of curriculum vitae into the database, submission of curriculum vitae to employers, advertisement of company’s logo and product including job vacancies etc. Unless explicitly stated otherwise, any new features or Services shall be subject to the Terms as well as any posted guidelines or rules applicable to such Services. You are responsible for obtaining access to the Site and any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Site and Services.

3. Modifications to Services
Employables.net reserves the right to modify or discontinue, temporarily or permanently, at any time any or all of the Services with or without notice. You agree that Employables.net shall not be liable to You or to any third party for any modification, suspension, or discontinuance of Services.

4. Registration Policy
In order to use certain Services, You will be required to register with Employables.net. In consideration of Your use of the Services, You agree to: (a) provide accurate and complete information about yourself as prompted by the Services registration form (“Registration Data”), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of Your password and jobseeker and employer identity number. If You provide any information that is inaccurate or incomplete, or Employables.net has reasonable grounds to suspect that such information is inaccurate or incomplete, Employables.net has the right to suspend or terminate Your user account and refuse any and all current or future use of any or all of the Services.

5. Privacy
We care about the privacy of Employables.net users. The Employables.net Privacy Policy, located at http://www.Employables.net/PrivacyPolicy.aspx governs all Services. By using the Site or the Services, You consent to have Your personal data transferred to and processed in the United States.

6. Third Party Sites
The Services and Site contain (or You might receive through the Services and Site) links to other web sites (“Third Party Sites”), as well as articles, text, graphics, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). If You decide to access Third Party Sites and Third Party Content, You do so at Your own risk and You should be aware that the Employables.net Terms and other policies do not apply on any such Third Party Sites. Third Party Sites and Third Party Content are not under the control of Employables.net and Employables.net is not responsible for either the Third Party Sites or Third Party Content, including without limitation to the accuracy, appropriateness, or completeness of either; any link contained in a Third Party Site; any changes or updates to a Third Party Site; or any privacy statements, terms of use, data gathering practices, or other policies for a Third Party Site. Employables.net is not responsible for any other form of transmission received from any Third Party Site nor is Employables.net responsible if the Third Party Site is not working appropriately. Employables.net is providing links to Third Party Sites to You only as a convenience, and the inclusion of any link does not imply approval or endorsement by Employables.net of the Third Party Site or the Third Party Content or any association with its operators. Employables.net is under no obligation to link to any Third Party Site and has the sole discretion not to link to any Third Party Site.

7. User Conduct
You agree that any violation of this section can result in the immediate suspension, termination, or banishment of You from this Site and Services and that We retain sole discretion to determine whether a violation of this section has occurred. You are required to comply with all applicable laws, statutes, ordinances, and regulations in connection with Your access to and use of the Services and the Site, and such further limitations as may be set forth in any notice from Employables.net. As a condition of Your access and use of the Services and the Site, You warrant that You will not use the Services and the Site for any purpose that is unlawful or otherwise prohibited by the Terms.
You represent, warrant, and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Services or the Site will violate or infringe upon the rights of Us or any third party, including patent, copyright, trademark, trade secret, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.
You agree not to reproduce duplicate, copy, sell, resell, or exploit for any purposes, any portion of the Services or the Site, use of the Services or the Site, or access to the Services or the Site. You are granted a limited license to access and use the Services and the Site and to download or print a copy of any portion of the Site to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact.
In addition, You agree not to use the Services or the Site to:

  •  harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  •  use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;
  •  use automated scripts to collect information from or otherwise interact with the Services or the Site;
  •  upload, post, transmit, share, store, or otherwise make available any content that in the sole discretion of Employables.net is harmful, unlawful, defamatory, infringing, inflammatory, obscene, indecent, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable;
  •  register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
  •  impersonate any person or entity, or falsely state or otherwise misrepresent yourself, Your age or Your affiliation with any person or entity;
  •  upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  •  create any liability for Us or cause Us to lose (in whole or in part) the services of Our Internet Service Provider(s) or other suppliers or vendors;
  •  upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
  •  solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  •  upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  •  use or attempt to use another’s account, service, or system without authorization from Employables.net;
  •  upload, post, transmit, share, store, or otherwise make available content that, in the sole discretion of Employables.net, restricts or inhibits any other person from using or enjoying the Site, or which may expose Employables.net or its users to any harm or liability of any kind; or
  •  upload, post, transmit, share, store, or otherwise make available content that, in the sole discretion of Employables.net, is unsuitable for the site and/or could damage the reputation of Employables.net, including but not limited to adult materials

8. Content Posted on the Services or Site
You are solely responsible for edits, entries and comments, topical questions or responses submitted through Employables.net Groups or other forums, photos, profiles, messages, notes, text, information, advertisements, job listings, and other content (individually or collectively “Content”) that You post on or through the Services or the Site, or transmit to or share with other users. You may not post, transmit, or share Content on the Site or Services that You did not create or that You do not have permission to post, transmit, or share. You understand and agree that Employables.net may, but is not obligated to, pre-screen and/or review the Site or the Content and may delete, edit, decline to post, move or remove Content, with or without notice, in its sole discretion, for any reason or no reason, including Content that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
When You post Content to the Site, You authorize and direct Employables.net to make such copies as deemed necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to Employables.net, its affiliates, and partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
The contents of the Site, such as text, graphics, photographs, blog entries, Wiki articles, software, links to other websites, whether affiliated or unaffiliated with Us, and other material, whether posted by Us or You or any other third parties, is presented for informational purposes only. We will make reasonable efforts to include up-to-date and accurate information on this Site with respect to the information We post, but We make no representations, warranties or assurances as to the accuracy, currency or completeness of the Content provided by Us, You or other third parties.
You acknowledge, consent and agree that Employables.net may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Employables.net, its users and the public.

9. Employables.net Mobile Services
The Services includes certain services that are available via Your mobile phone, including, without limitation: (i) the ability to browse Employables.net from Your mobile phone, and (ii) the ability to receive and reply to Employables.net Groups messages (collectively “Mobile Services”). Employables.net does not charge for these Mobile Services. However, Your carrier’s normal messaging, data, and other rates and fees will still apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. You agree to promptly update Your Employables.net account information to address any changes in Your mobile contact information.

10. Notice of Copyright Infringement
If You believe in good faith that Your copyrighted work has been reproduced on or linked from the Sites without authorization in a way that constitutes copyright infringement, please provide Our designated copyright agent with the following information:
• identification of the allegedly infringing material on the Sites that is requested to be removed;
• identification of the copyrighted work claimed to have been infringed;
• Your name, address, and day time telephone number, and an e-mail address if available, so that We may contact You if necessary;
• a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
• a statement under penalty of perjury that the information in the notification is accurate, and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
• an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Employables.net may, in appropriate circumstances and at its discretion, terminate the access privileges of users who may be repeat infringers.

11. System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for (i) the resulting unavailability of the Site; (ii) any loss of data or transactions caused by planned or unplanned system outages; (iii) the resultant delay, misdelivery or non-delivery of information caused by such system outages, or (iv) any third party acts or any other outages of web host providers or the Internet facilities and network that is external to the Site.

12. Dealings with Advertisers and Other Users
Your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through Employables.net, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Employables.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on Employables.net.

13. International Users
We make no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If You access the 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.

14. Disclaimers
The Services and Sites, including Content provided by Employables.net users, are provided AS IS, and Employables.net makes NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them.
WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE EMPLOYABLES.NET SITES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE EMPLOYABLES.NET SITES OR OTHERWISE BY EMPLOYABLES.NET, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EMPLOYABLES.NET OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE EMPLOYABLES.NET SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE EMPLOYABLES.NET SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE EMPLOYABLES.NET SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE EMPLOYABLES.NET SITES WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE EMPLOYABLES.NET SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE EMPLOYABLES.NET SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

15. Limitations
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO EMPLOYABLES.NET. YOU AGREE THAT WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR COSTS OR ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE EMPLOYABLES.NET SITES OR YOUR RELATIONSHIP WITH EMPLOYABLES.NET UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, OR STRICT LIABILITY.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Our liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit Our liability to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE EMPLOYABLES.NET SITES, YOU RELEASE EMPLOYABLES.NET FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD EMPLOYABLES.NET HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.

16. Indemnification
YOU AGREE TO INDEMNIFY EMPLOYABLES.NET, THE CORPORATE EXECUTIVE BOARD, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, MEMBERS, AFFILIATES, PARTNERS, AND LICENSORS AGAINST, AND HOLD HARMLESS FROM, CLAIMS, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE, MISUSE OR ABUSE OF THE SERVICES AND SITES. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

17. Termination
Employables.net reserves the right, in its sole discretion, to terminate, suspend, or limit Your access to the Employables.net Sites, or any portion thereof, at any time with or without notice to You. If we do so, the provisions of these Terms will survive such termination, except that You will not be permitted to use the Services and Sites to the extent that We terminate, suspend, or limit Your access. You may also discontinue Your own access to the Employables.net Sites by contacting Us in writing to request that Your account be terminated. If You do so, You will not be eligible to receive a refund of any subscription or other fees that You have paid Us, and any fees that are due on the date You request termination will remain due.

18. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the Nigeria, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under Nigerian federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Lagos State and of Nigeria for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation for a state court proceeding, and agree not to plead or claim in Lagos State Court that such litigation brought therein has been brought in an inconvenient forum.

19. Integration
Unless otherwise specified herein, the terms of this Agreement constitute the entire agreement between You and Employables.net and govern Your use of the Employables.net Sites, superseding any prior or contemporaneous communications and proposals in any form between You and Employables.net.

20. No Waiver
You agree that Our failure to enforce any provisions of this Agreement or respond to a breach by You or other parties does not in any way waive Our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

21. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

22. Severability
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.

23. Relationship of the Parties; Electronic Contracting
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Employables.net as a result of this Agreement or Your access to and use of the Employables.net Sites, unless otherwise specified. You further agree that a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature.

24. Questions
Please contact info@markcalthersconsulting.com, using the subject line “Employables.net Terms of Use Question” if You have any questions or comments about the Terms, or to report user conduct violating the Terms.