Terms & Conditions

This Terms of Use Agreement (“Agreement”) is a legal contract between AdvanceCRE LLC (“AdvanceCRE,” “Company,” “we,” or “us”) and yourself (referenced herein as “you” or “your”) that governs your use of or access to AdvanceCRE’s Services (as defined below).

This Agreement applies to all persons and entities who visit, use, or access any of the Services (“Users”). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user, partner, or customer of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to enter into this Agreement on behalf of such employer or other entity and are able to bind such employer or other entity to the terms and conditions of this Agreement. This Agreement incorporates the AdvanceCRE Privacy Policy, the AdvanceCRE DMCA Policy, and any other supplemental terms of use as applicable.

We reserve the right to amend this Agreement (including the Privacy Policy and any supplemental terms of use) at any time by notifying you as provided in this Agreement. Your continued use of the Services following any such changes constitutes your acceptance of the revised Agreement. If you do not agree to any of terms of this Agreement, you are not permitted to use or access (or continue to access) the Services. Certain features of the Services may also have their own specific terms and conditions of use to which you agree when you elect to use that particular product, function, or service.

1. SERVICES AND USERS COVERED BY THIS AGREEMENT

A. This Agreement applies to your interactions with AdvanceCRE through the following mechanisms, which are collectively referred to as the “Services”:

i. AdvanceCRE websites, platforms, or mobile applications.

ii. Email, SMS, chat or other online communications between you and AdvanceCRE.

iii. Registration for any job alerts on a third-party website, platform, or mobile application where AdvanceCRE is a co-controller with the third-party operator.

iv. When you interact with any AdvanceCRE widgets, banners, or links contained in job advertisements that are located on websites owned or operated by third parties that have hired AdvanceCRE to provide services to the third party and your interaction brings you to a website, platform, or mobile application owned or operated by AdvanceCRE.

B. Types of Users

i. The word "you" as used in this Agreement will apply to all AdvanceCRE Users, persons that visit the AdvanceCRE website or platform, and individuals or Users who access and use the Services on their own behalf or on behalf of an entity.

ii. Users that use the Services to search for prospective employees, view resumes, profiles, or curriculum vitae, or post or distribute job openings ("Listings"), on behalf of themselves or a third party are also referred to in this Agreement as “Publishers.” If you use AdvanceCRE on behalf of an employer, organization, agency, institution, or other entity, then (a) "you" includes both you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.

iii. If you use the Services to (a) register for job alerts by text or email or any other method made available to you, (b) to upload your resumé or CV, or (c) to search for or respond to Listings, we refer to you as “Candidates.”

2. USE OF THE SERVICES

By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility, or conduct of other Users.

A. User Eligibility

To use the Services, you must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside, so that you can form a binding contract with AdvanceCRE. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by AdvanceCRE, unless we have provided you with specific written authorization to resume use of the Services.

B. Communications with AdvanceCRE

i. Telephone or SMS Messaging

When using specific Services, we may ask for your consent to contact you via telephone, including via SMS messaging. By granting such consent, you authorize AdvanceCRE to contact you via telephone at the number(s) you have provided and acknowledge that AdvanceCRE may do so using an automatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction in which you reside). You may revoke consent to be contacted by telephone by emailing admin@advancecre.com and including "Revocation of Telephone Consent" in the subject line. To stop receiving SMS messages from AdvanceCRE, you may reply “STOP” to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using the Services. You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees, and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

ii. Email

By providing your email address to AdvanceCRE, you consent to our using the email address to send you Service-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction in which you reside). If you have consented to receiving email alerts or marketing communications from us, we will send you such communications until you opt out. If you do not wish to receive email alerts or marketing communications from us, you may opt out or change your preferences on your Account page, by following the opt-out or unsubscribe instructions in the email message, or by submitting an opt-out request via email to admit@advancecre.com. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Further, while you may opt out of marketing communications and email alerts, you may not opt out of Service-related communications (including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes) unless you deactivate your account and stop using the Services.

C. User Accounts

i. The information in this section applies to AdvanceCRE accounts for all Users. If you sign up or create an account with AdvanceCRE, you may control your profile information and how you interact with the Services by changing the settings on the settings page of your account. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) in connection with your account.

ii. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You understand that, even if you notify us, you will be solely responsible for all activities that occur under your account. You also agree to ensure that you log out of your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

iii. We reserve the right, at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion, for any or no reason, including any violation of any provision of this Agreement.

iv. By accessing the Services through a website, platform, mobile application, or other service owned or operated by a third party, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For example, if you access the Services through a social networking site, you agree that AdvanceCRE can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your AdvanceCRE account. You agree that we are not liable for any personal data that is made available to us in violation of your privacy settings for the applicable social networking site.

v. AdvanceCRE may suspend or terminate your account or your access to the Services, or any portion of the Services at any time without notice to you, for any reason, including if, in our sole discretion, we determine that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement will continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.

D. General Rules for Use of the Services

i. You may not to engage in any of the following prohibited activities:

- copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";

- using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the AdvanceCRE servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that AdvanceCRE grants the operators of public search engines revocable permission to use spiders to copy materials from AdvanceCRE.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);

- transmitting spam, chain letters, or other unsolicited communications;

- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;

- taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

- uploading invalid data, viruses, worms, or other software agents through the Services;

- collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services;

- using the Services for any commercial solicitation purposes;

- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

- interfering with the proper working of the Services;

- accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

- bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

- disclosing or sharing login credentials; reverse engineering or decompiling any parts of the Services;

- frame or link to any information or content on the Services;

- posting or submitting any inaccurate, incomplete, or false biographical information or another person’s information; or

- posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by AdvanceCRE.

ii. We may, without prior notice, change any aspect of the Services, stop providing the Services or features of the Services, or create usage limits for the Services (for paid products and services). If you are materially and adversely affected by any such change, cessation, or limitation of the Services, you may terminate your use of the Services on written notice to us. In the event of such termination, we may permanently or temporarily limit, condition, terminate, or suspend your access to the Services or any features thereof, including if, in our reasonable determination, you breach or violate any provision of this Agreement, commit fraud, or otherwise abuse the Services.

iii. You are solely responsible for your interactions with other AdvanceCRE Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AdvanceCRE will have no liability for your interactions with other Users or for any User's action or inaction. AdvanceCRE will have no obligation to enforce this Agreement against any other User.

E. Use of Salary Data

i. The provisions of this section apply to your access to any salary data through the Services. You agree that third parties from whom we obtain salary data included in the Salary Data Displays (defined below), are third-party beneficiaries of all provisions of this section and, as a result, will have the right to enforce the provisions of this section against you.

ii. As used in this section, “Salary Data Display” means a report, histogram, or other display generated in response to a query posed by you on our platform that incorporates (in whole or in part) salary data. You understand that you will be restricted to no more than five (5) salary data searches in any rolling period of thirty (30) days unless you create an account on an AdvanceCRE website or platform.

iii. We hereby grant to you (a) a revocable license to access Salary Data Displays, and (b) a perpetual license to use Salary Data Displays. In each case, the license granted is solely for your personal or internal use, as applicable, subject to the provisions of this section, and revocable immediately by us in the event of your breach of any of the provisions of this section (including restrictions on use of the Salary Data Display set or your confidentiality obligations as set forth in this Agreement). You agree to use the salary data and Salary Data Displays in accordance with all applicable laws. You agree that you will not, under any circumstances, disclose, reproduce, distribute, resell, transfer, copy, make available or accessible, create derivative works of, or otherwise use in violation of this Agreement, the Salary Data Display or outputs from the Salary Data Display.

iv. Without limiting the generality of the foregoing or other provisions of this Agreement:

a. SALARY DATA AND SALARY DATA DISPLAYS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS;

b. ANY USE OR RELIANCE UPON ANY PORTION OF THE SALARY DATA AND SALARY DATA DISPLAYS WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY PROVIDERS OF SALARY DATA HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SALARY DATA OR SALARY DATA DISPLAYS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND

c. NEITHER WE, NOR ANY THIRD-PARTY PROVIDER OF SALARY DATA, WILL BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USE BY YOU OF THE SALARY DATA AND SALARY DATA DISPLAYS.

3. USER CONTENT (GENERAL)

A. Posting or Viewing User Content

i. The Services may allow Users to post or provide content that may be viewable by other Users, including, but not limited to, Listings, company information, a Candidate’s application information, content of messages, resumes or CVs, logos, trademarks, comments, questions, and other content or information ("User Content").

ii. User Content is the sole responsibility of the person or entity that provided the User Content. You will be solely responsible for your User Content and any consequences of posting, providing, or publishing it.

B. Prohibited Types of User Content

i. You agree not to post or provide User Content that:

may create a risk of harm to any person or property;
provides instructional information about illegal activities;
involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’;
provides links to material that is illegal or offensive, or targets or solicits personal information from anyone under the age of 18;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
contains any information or content that is false, misleading, or otherwise deceptive; or
violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party.

ii. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

iii. If you are a Publisher providing or submitting Listings, you further agree that such content will not contain any personally identifiable information.

iv. The above list is intended to be illustrative of the types of User Content that are prohibited, however, it is not exhaustive. Final determination as to whether any User Content violates the terms of this Agreement will be made at AdvanceCRE’s sole discretion.

C. No Warranties or Obligations

i. You acknowledge and agree that AdvanceCRE makes no representations, warranties, promises, or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Listings, and resumés. You further agree that AdvanceCRE acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content and, accordingly, you accept that AdvanceCRE is not responsible or liable for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or otherwise unsuited to your purposes and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes or CVs, Listings, and the content of messages from other Users. Your reliance on any User Content is at your own risk.

ii. Notwithstanding the foregoing, although AdvanceCRE has no obligation to screen User Content, to the extent that AdvanceCRE becomes aware of User Content that may or does (a) violate the terms of this Agreement or any other Agreement between you and AdvanceCRE, (b) violate any law or regulation, (c) violate the rights of third parties, (d) expose AdvanceCRE to liability, or (e) otherwise negatively impact AdvanceCRE, AdvanceCRE reserves the right to reject or remove such User Content and suspend or terminate any User Account associated with such User Content.

iii. You acknowledge and agree that a decision by AdvanceCRE to remove or refrain from posting or distributing User Content does not, by itself, amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by the U.S. Communications Decency Act (and equivalent or similar laws in foreign jurisdictions).

D. User Interactions and Assumption of Risk

i. You understand and agree that AdvanceCRE does not, and cannot, confirm that each User is who he, she, or they claim to be. We are not responsible for authenticating Users and, therefore, it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Candidates, Publishers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you communicate or otherwise encounter.

ii. Should you have any disputes or issues with any User, you agree to pursue any remedies directly with the relevant User and you release AdvanceCRE, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect), both known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

E. Disclosure of User Content

i. AdvanceCRE reserves the right to disclose User Content (and any information related to the provider of such User Content) to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement between you and AdvanceCRE, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, or subpoenas, and to protect the interests of AdvanceCRE when necessary.

ii. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided, or uploaded is fraudulent, false, or misleading or that constitutes a violation of the law, any User’s intellectual property rights, or any User’s right to privacy.

4. USER CONTENT LICENSE GRANT

A. By posting, submitting, providing, or otherwise making available any User Content, you expressly grant to AdvanceCRE, and represent that you have a right to grant to AdvanceCRE, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, make derivative works from, and otherwise exploit, all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of displaying such User Content on the AdvanceCRE websites or platforms, disseminating such User Content through the AdvanceCRE network or in alerts to Candidates, and to promote AdvanceCRE or the Services. This license continues after you no longer use the Services.

B. If you are a Publisher, you acknowledge and agree that AdvanceCRE has no obligation, and may be unable, to remove your Listings and other content (including any logos or trademarks contained therein) once they have been (i) distributed via the AdvanceCRE network, (ii) listed in search engine results, (iii) distributed on websites, via email, or via text message, or (iv) incorporated into fixed media displays by ZipRecruiter or any third party. In each case (i) to (iv) above, the license granted by you will be perpetual and irrevocable for such uses.

C. To the extent that your User Content is a trademark, trade name, service mark, or service name protected by law, the foregoing license also extends to the use by AdvanceCRE to identify you as a User of the Services in any promotional and marketing materials to promote AdvanceCRE or the Services. Further, to the extent you have given AdvanceCRE the right to access certain User Content that is present on another website or service that you own or control, you give AdvanceCRE the right to scrape such website as necessary to retrieve such User Content for use on the Services, as contemplated in the license grants above, notwithstanding any prohibition on scraping set forth in the terms of use or other contractual terms governing such website.

D. You represent and warrant that (i) you have the right, power, and authority to grant the rights described in this section to User Content that you submit, provide, make available, or post via the Services, (ii) AdvanceCRE’s use of your User Content will not violate any law or infringe the rights of any third party, and (iii) your User Content and any other information that you provide to us is legal, complete, legitimate, truthful, and accurate.

5. MOBILE SOFTWARE LICENSE GRANT

A. We may make available software to access the Services via a mobile or tablet device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. AdvanceCRE does not warrant that the Mobile Software will be compatible with your mobile device. AdvanceCRE hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one AdvanceCRE account on mobile devices owned or leased solely by you, for your personal use.

B. Users may not:

i. modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;

ii. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;

iii. make any copies of the Mobile Software;

iv. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or

v. delete the copyright and other proprietary rights notices on the Mobile Software.

C. You acknowledge that AdvanceCRE may from time to time issue upgraded versions of the Mobile Software and may automatically, electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades.

D. Any third-party code that may be incorporated into the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

E. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and AdvanceCRE or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

F. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. AdvanceCRE reserves all rights not expressly granted under this Agreement.

G. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related to use of the Mobile Software and the Services.

6. PROPRIETARY RIGHTS

A. This Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Accordingly, you hereby agree that AdvanceCRE transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the "AdvanceCRE Content"). All such AdvanceCRE Content, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for feedback), are exclusively owned, controlled, or licensed by AdvanceCRE or its members, parent(s) licensors, or affiliates.

B. AdvanceCRE, any AdvanceCRE logos, and all other designations indicating AdvanceCRE as a source are proprietary trademarks owned by AdvanceCRE and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of AdvanceCRE is hereby strictly prohibited.

C. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or to any Intellectual Property Rights and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Services. Use of the AdvanceCRE Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.

7. ADDITIONAL TERMS APPLICABLE TO CANDIDATES

A. Use of the Services by Candidates

i. As a Candidate, you can (a) use the Services to search for job openings, (b) apply for jobs ("Applications"), (c) receive alert emails or text messages about job openings, where such features are available to you ("Alerts"), and (d) include your resume and other applicable information in the Resume Database (as defined herein). For purposes of this Agreement, references to "resume" or "CV" will also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.

ii. If you have an AdvanceCRE account, provide your resume or CV to AdvanceCRE, or sign up for Alerts, you agree that we may (a) use the information you provide to send you information about Listings that may be of interest to you and (b) display or provide your resume or CV and profile information (to the extent that you have not designated it as private) to an employer or recruiter who may be interested in candidates like you.

iii. To the extent that you wish for us to share your information and resume or CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume or CV to the Resume Database or because you have applied to a Listing on an AdvanceCRE website), you consent to our sharing your resume or CV, together with any additional information that you provide to us during the application process. This means that you grant to us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license), to any rights, including intellectual property rights, in your resume or CV and any additional information that you provide to us, to share or otherwise use such resume or CV and additional information as we reasonably require to fulfill the services we provide to you.

B. Applications, Generally

i. By applying to a Listing through the Services, you give us permission to store your information on the Services and to share your information (including your resume or CV), with the entity that posted the Listing.

ii. You can choose how to submit your Application using the options offered through the Services. If you elect to apply through a third-party account, such as Facebook or Linkedin.com, you will be asked to log into the applicable account, and the profile, resume, and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Listing.

iii. Once you submit an Application, your resume and other applicable information will be shared with the entity that posted the Listing, so long as any applicable parameters designated by that entity are met. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.

iv. If you ask AdvanceCRE to submit a message to any employer or third party, or if you apply for a job using the Services, you accept that AdvanceCRE does not guarantee that the recipient-entity will receive, access, view, or respond to your communication or Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity that publishes a Listing are entirely in the control of that entity and, if you require alternate screener questions or application process, you must contact the applicable entity directly.

C. Responding to Listings Using the Services

i. When you apply to a Listing on an AdvanceCRE website or platform, or using the Mobile Software, if all parameters selected by the entity that posted the Listing are met, we will send the resume associated with your account (to the extent an account was created as described in this Agreement).

ii. If you have manually logged out of your account or if you have been automatically logged out of your account due to inactivity or for any other reason, we will ask you to input your e-mail address so that we can verify your identity before we forward the resume associated with your account. Once you receive the verification email and confirm your identity by following the instructions in the e-mail message, we will send the resume associated with your account.

iii. IMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current, and accurate before you apply to a Listing or opt in to the Resume Database so potential employers receive the most up-to-date information about you. In order to delete old resumes, edit your resume, or upload a new resume, please go to the profile settings on your User account.

iv. Additionally, although AdvanceCRE requests that companies maintain the confidentiality of the Applications and any resumes or CVs that they receive through the Services, AdvanceCRE cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the relevant recipient-entity.

D. Account Creation

i. In addition to your ability to manually create an AdvanceCRE account, an account will automatically be created for you in the following circumstances, in the event that you do not already have an account: (a) when you sign up for Alerts with AdvanceCRE; or (b) when you apply to a Listing on directly on an AdvanceCRE website or platform or using the Mobile Software.

ii. When an account is automatically created for you, you will receive an email with your username (which is usually your email address) and a link to reset your password. Whether or not you choose to reset your password, the account will exist under your email address and the resume associated with the action taken to prompt automatic creation of an account (i.e., applying for a job or signing up for alerts) will be connected with that account. So, before responding to a Listing, please ensure that your resume is up-to-date so that employers receive the most current information about you.

iii. If you do not wish to have an AdvanceCRE account, please contact us at admin@advancecre.com or go to your account settings and close your account.

E. Alerts

i. You can manually sign up to receive Alerts by e-mail or SMS. In addition to manual registration, you may agree to receive Alerts while responding to Listings on an AdvanceCRE website or platform. You can sign up for Alerts via SMS by entering your telephone number in your User Account.

ii. You can edit or change the type of Alerts you wish to receive by accessing the your User account. You may opt out of Alerts by clicking on the “unsubscribe” link in any e-mail Alert or by following the instructions in your SMS Alert. You can also contact admin@advancecre.com for assistance.

F. Resume Database

i. The Services permit Candidates to include their resume or CV and other profile information in a database of resumes (the "Resume Database"), to be stored through the Services.

ii. Public Resumes or CVs

a. If you elect to make your resume or CV ‘public’ in your Account settings or during your account creation: (1) it will be added it to the Resume Database, (2) your resume or CV and profile information (including your personal information, to the extent provided in your resume or profile) will be available to be viewed or downloaded by any persons or entities that have access rights to the Resume Database, (3) your resume or CV will be visible, in whole or in part, via search results within the Resume Database, and (4) your resume or CV and profile information will be visible in part to Publishers with active Listings to invite Candidates to apply.

b. If you add your resume or CV to the Resume Database, then you are:

1. Consenting to AdvanceCRE’s matching of words, skills, or certifications that are present or implied in your resume or other application materials to words, skills, or certifications present or implied in a Listings or an employer’s or recruiter’s search of terms, and, if there are any matches, to AdvanceCRE’s presentation of matching resumes or CVs to the relevant employer or recruiter and to AdvanceCRE’s sending of information to you about Listings that may be of interest to you.

2. Acknowledging that we may 'parse' the resume and other applicable information into another format to create a profile view or enable searchable text for a Publisher, employer, or recruiter. The relevant Publisher, employer, or recruiter will also be able to see your resume as it was originally submitted to AdvanceCRE.

iii. Private Resumes or CVs

a. If you elect to keep your resume or CV private, it will not be added to the Resume Database. If you had previously made your profile and resume or CV public, and subsequently wish to opt out, you may do so at any time by adjusting the settings in your account.

b. If you opt out, we will remove your resume or CV from the Resume Database and disable visibility to search results as soon as reasonably practicable. However, if an entity has already accessed your resume or CV through the Resume Database or search results and has copied or saved your resume, that entity will continue to have access to your resume or CV and all information you included in your resume or CV.

G. Interactions with Other Users; Scams; Confidentiality

i. You are solely responsible for your interactions with Users whom you contact or who contact you. You acknowledge that there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore exercise caution regarding the information that you elect to share as part of your User profile, any Applications, or your resume or CV. We encourage you to list only the contact information that you are comfortable disclosing to Publishers and other Users of the Services.

ii. In addition to carefully reviewing this section and Section 2 above, you should conduct your own due diligence on potential employers and Listings that may be of interest to you. As mentioned in Section 2, AdvanceCRE does not authenticate Users or guarantee that any given Listing is suitable, legitimate, or real.

8. ADDITIONAL TERMS APPLICABLE TO PUBLISHERS

A. As a Publisher, you can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, or (iii) post or distribute Listings on behalf of yourself or a third party.

B. Content Rules

i. With respect to all Listings that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that:

a. the content of Listing (whether owned by you or a third party), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy laws in your jurisdiction and the jurisdictions in which the vacancies are located;

b. you have the necessary rights to permit the publication and use of Listings by AdvanceCRE pursuant to this Agreement;

c. the use, reproduction, distribution or transmission of Listings will not violate any applicable laws or any rights of any third parties (including, but not limited to, infringement of any copyright, trademark, or other proprietary right) and will not constitute or include false advertising or defamation;

d. the content of Listings will comply with the then-current versions of this Agreement and any rules for publication of Listings; and

e. you have the authority to grant permission to AdvanceCRE to collect Listings from applicable websites if necessary to include in distributions and any such collecting will not cause AdvanceCRE to violate the rights of any third party.

ii. You understand and agree that you are solely responsible for any liability arising out of publication of Listings or material to which users can link though such Listings. You agree to indemnify and hold AdvanceCRE (along with its subsidiaries, officers, directors, employees, and agents) harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including attorney’s fees and other costs) arising out of, or in connection with, your provision or publication of Listings, or other content, or your breach of this Agreement.

iii. You agree not to post or promote any Listings that:

a. contain inaccurate, false, or misleading information;

b. contain "hidden" keywords or keywords that are irrelevant to the job opportunity being presented;

c. sell, promote, or advertise products or services;

d. endorse a particular political party, political agenda, or political position or promote a particular religion;

e. advertise job openings located in countries subject to economic sanctions of the United States or Canadian governments, except where permitted by applicable law;

f. require the applicant to provide information relating to his or her racial or ethnic origin, political beliefs, religious beliefs, membership of a trade union, physical or mental health, sexual life, criminal activity or activity, or (7) age;

g. contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13;

h. include any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role;

i. involve any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents;

j. require applicants to pay to apply, pay for training, pay for training materials, or pay for samples;

k. contain content that violates applicable laws;

l. pay commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Candidate would be selling, in which case such Listings are permissible);

m. requires citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or local government contract;

n. contain links to any site competitive with ZipRecruiter other than to an actual job posting; or

o. do not otherwise comply with the then-current rules for publication of Listings.

iv. Additionally, Listings must comply with applicable local, national, and international laws and regulations including, but not limited to, those relating to labor, employment, and anti-discrimination (or the equivalent in the jurisdiction where the Listings are made available, posted, or distributed).

v. REPORTING VIOLATIONS OF THE CONTENT RULES

a. If you believe that any content on our websites, platforms, or Mobile Software, violate the Content Rules, please contact us at admin@advancecre.com and include “Violation of Content Rules” in the subject line of your e-mail.

b. For content that allegedly violates your intellectual property rights, please see our DMCA and Infringing Content Policy.

C. Distribution of Listings

i. AdvanceCRE will make reasonable efforts to distribute Listings to third-party services, publishers, job boards, or other entities in our network, or in Alert emails and SMS messages (where a Candidate has opted-in to receive such Alerts) (collectively, "Distribution Channels"). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Listings will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels, or be received or read by a Candidate. You accept that entities in the Distribution Channels have no obligation to use or display a Listing and may reject a Listing for any reason or no reason. You agree that AdvanceCRE is not liable to you or any third party if your Listing is rejected or otherwise not published. By submitting a Listing, you give us permission to distribute that Listing through the Distribution Channels, on AdvanceCRE websites or platforms, and through the Mobile Software.

ii. We make no guarantee as to the number or quality of applicants or candidates that you will receive as a result of your Listing. You are solely responsible for interviewing, conducting background and reference checks on, verifying information provided by, and selecting appropriate applicants or candidates. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Listing to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Listings.

D. Authorized Users

i. You are responsible for all acts or omissions of any person or entity that is able to access the Services under your account.

ii. You agree that:

a. you will not share log-in credentials and account information with third parties;

b. you will not sell or sublicense access to your account or the Services;

c. you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of or access to any portion of the Services;

d. you will ensure that any persons that you authorize to access or use the services through your account comply with this Agreement, any other rules related to the Services, and any other agreement between you and AdvanceCRE;

e. you will immediately notify AdvanceCRE of any suspected or alleged violation of this Agreement, including any unauthorized use of any password or account information, or any other known or suspected breach of security;

f. you will cooperate with AdvanceCRE with respect to investigation of any suspected or alleged violation of this Agreement and any action by AdvanceCRE to enforce this Agreement.

E. Removal of Advertisements; Enforcement; Termination

i. You acknowledge and agree that AdvanceCRE may, with no liability or penalty, remove any Listing or other content, communication, or posted information that, in the sole judgment of AdvanceCRE, violates or may violate this Agreement, applicable laws, rules, or regulations, or third-party terms, that may adversely affect AdvanceCRE, that is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive, or illegal, that may violate, or lead to the violation of, the rights of any third party, or that harms or threatens the safety and privacy of any third party.

ii. We also have the right to:

a. Remove or refuse to post any User Content for any or no reason in our sole discretion.

b. Take any action with respect to any User Content that we deem necessary or appropriate, in our sole discretion.

c. Disclose your identity or other information about you to any third party claiming that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

d. Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of AdvanceCRE websites or platforms, the Mobile Software, or the Services.

e. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

iii. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court orders requesting, or directing us to disclose, the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

F. Resume Database

i. If your User account includes access to the Resume Database, then (subject to the terms and conditions of this Agreement) AdvanceCRE hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the Resume Database for the limited purpose of searching the Resume Database or viewing or downloading resumes or CVs, each for the sole purpose of seeking potential employment candidates for legitimate employment opportunities. You may not use or access the Resume Database for any other purpose.

ii. You will not use any automated computer programs or software to download resumes or CVs, or to extract Data (as defined below), and you will not resell or sub-license access to the Resume Database (or any portion thereof) or any resume (including Data). You further agree that you will not use the Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the Resume Database.

iii. Notwithstanding anything to the contrary in this Agreement, AdvanceCRE reserves the right to limit the amount of information (including resume views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The Resume Database may not be used in any manner that adversely affects AdvanceCRE business, imposes an unreasonable or disproportionately large burden on AdvanceCRE infrastructure, or interferes with the ability of others to access the Resume Database.

iv. AdvanceCRE reserves the right to suspend or terminate access to the Resume Database or terminate this Agreement in the event of any non-compliance with this Agreement or any other agreement between you and AdvanceCRE. If a Candidate opts out of the Resume Database at any time, AdvanceCRE reserves the right to block access to or remove the Candidate’s resume or CV from the Resume Database.

v. You acknowledge and accept that AdvanceCRE does not verify whether any telephone number contained within a resume or CV is attached to a landline or mobile phone and it is your responsibility to ensure that any communication with the data subject of the resume or CV complies with applicable laws related to telephone calls, automated dialing, SMS messaging, spam, fax, and unsolicited communications.

vi. You represent, warrant and promise that:

a. you will use the Resume Database and the personal information contained within any resumes or CVs (collectively, "Data") in accordance with applicable communication, privacy, and data-protection laws;

b. you will not further disclose any Data from the Resume Database to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client, and you are accessing the resumes or CVs to source candidates on behalf of your clients for legitimate employment purposes

c. you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the Resume Database from loss, misuse, unauthorized access, disclosure, alteration, or destruction, and you will notify AdvanceCRE immediately in the event of any suspected or actual unauthorized access or disclosure of resumes or CVs;

d. you will not use the contact information from resumes or CVs to send unsolicited mail, e-mails, phone calls, SMS messages, or faxes regarding promotions or advertising of products or services, or to contact or source Candidates for careers fairs and business opportunities; and

e. you will respect the privacy choices of Candidates.

vii. AdvanceCRE makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes or CVs. You accept that AdvanceCRE acts as a passive conduit for receipt of resumes or CVs and has no obligation to screen resumes or CVs, verify the identity of the person submitting a resume or CV, or verify the accuracy of the data or content contained in resumes or CVs. It is your responsibility to conduct due diligence with respect to the individual Candidate or subject of each resume or CV. We do not guarantee any response or the number of responses to your Listings or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Listings have the qualifications necessary to meet your requirements.

viii. References to "resume" or "CV" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.

G. AdvanceCRE may inform Candidates that you have taken action with respect to a resume, CV, or Application. You agree to deal fairly and professionally with individuals that may respond to your Listings and agree to indemnify us from and against any claim brought by an individual against AdvanceCRE arising from your breach of this Agreement or any other agreement between you and AdvanceCRE.

H. Data Protection

i. You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; (b) to protect Personal Data against accidental loss, destruction, or damage; and (c) to include taking reasonable steps to ensure the reliability of the personnel having access to Personal Data. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions, particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend AdvanceCRE, at your own expense, against all costs, claims, damages, or expenses incurred by AdvanceCRE, or for which we may become liable, due to any failure by you, your personnel, or your agents to comply with any of your obligations under this Agreement or applicable data protection and privacy laws and regulations.

ii. For the purposes of this Agreement, ‘Personal Data' means any information or pieces of information that could identify a natural person either directly (e.g., name, email address, phone number) or indirectly (e.g., through pseudonymized data, such as a unique ID number). Personal Data may include, without limitation, e-mail addresses, mailing or residential addresses, usernames, profile pictures, personal preferences, financial information, and health information. It could also include unique numerical identifiers like computer IP addresses.

9. PRIVACY AND SECURITY

A. Please refer to our Privacy Policy for information regarding how we collect, process, share and store Personal Data.

B. Unfortunately, transmission of information over the Internet is not absolutely secure and, therefore, we cannot guarantee that unauthorized third parties will never be able to circumvent our security measures and gain access to your Personal Data or use your Personal Data for improper purposes. You acknowledge that you provide your Personal Data at your own risk. Any actual or attempted use of the Services in violation of this Agreement may result in criminal or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 or other federal laws of the United States. AdvanceCRE reserves the right, in its sole discretion, to review, monitor, or record any information relating to your use of the Services, without any prior notice to or permission from you, including, without limitation, by archiving content or communications submitted or sent by you through the Services.

10. THIRD-PARTY LINKS AND SERVICES

A. The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by AdvanceCRE. AdvanceCRE does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services or use a third-party service, you do so at your own risk, and you understand that this Agreement and the AdvanceCRE Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve AdvanceCRE from any and all liability arising from your use of any third-party website, service, or content.

B. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that AdvanceCRE will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. INDEMNITY

A. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AdvanceCRE from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, all legal fees and expenses) arising from:

i. your use of and access to the Services, including any data or content transmitted or received by you;

ii. your violation of any term of this Agreement and any other agreement between you and AdvanceCRE, including, without limitation your breach of any of the representations and warranties herein;

iii. your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights;

iv. your violation of any applicable law, rule, or regulation, including, without limitation, your violation of the U.S. Fair Credit Reporting Act or other applicable credit reporting laws and any applicable data protection laws;

v. any claims or damages that arise as a result of your User Content;

vi. any other party's access and use of the Services with your account or log-in information; or

vii. your intentional or willful misconduct or negligence.

B. The above section 11(A) applies also to AdvanceCRE’s subsidiaries, directors, officers, board members, employees, agents, successors, and assigns.

12. Disclaimer of Warranties

A. NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT, OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

B. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCECRE DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS, OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVANCECRE, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM, OR CONDITION NOT EXPRESSLY STATED HEREIN.

C. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

i. ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT;

ii. THE SERVICES WILL MEET YOUR REQUIREMENTS;

iii. THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE;

iv. ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR

v. THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

D. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

E. IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, ADVANCECRE’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT ADVANCECRE’S OPTION) TO:

i. FOR GOODS: THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR

ii. FOR SERVICES: THE SUBSTITUTE PERFORMANCE OF THE SERVICES OR PAYMENT OF THE COST OF THE SUBSTITUTE PERFORMANCE OF THE SERVICES.

F. ADVANCECRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ADVANCECRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

G. ADVANCECRE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS, LAWS, OR REGULATIONS.

13. LIMITATION OF LIABILITY

A. YOU AGREE THAT ADVANCECRE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

B. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT ADVANCECRE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR RESULTING FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. UNDER NO CIRCUMSTANCES WILL ADVANCECRE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

C. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES, ADVANCECRE WEBSITES OR PLATFORMS, AND MOBILE SOFTWARE.

D. YOU FURTHER AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF ADVANCECRE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $10.

E. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCECRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (vi) ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (vii) USER CONTENT OR (viii) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

F. You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "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." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases or discharges granted herein, including, but not limited to, the releases or discharges of unknown claims.

14. DISPUTE RESOLUTION

A. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ADVANCECRE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ADVANCECRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

B. Governing Law

i. This Agreement and any and all claims, disputes, or other legal proceedings by or between you or AdvanceCRE, including, but not limited to, any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of the Services, AdvanceCRE websites or platforms, or the Mobile Software, will be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.

ii. The parties agree that their arrangement under this Agreement is in interstate commerce and that the Federal Arbitration Act applies to the construction of the arbitration provisions below. For any claim, dispute, or other legal proceeding not subject to the arbitration provisions below, the claim or dispute will be brought and litigated exclusively in the state courts located within Los Angeles County, California or the federal courts in the Central District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

C. Agreement to Arbitrate

i. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and AdvanceCRE each agree that any and all disputes between Users and AdvanceCRE arising under or related in any way to this Agreement or such User’s use of the Services, AdvanceCRE websites or platforms, or the Mobile Software must be resolved through binding arbitration as described in this section.

ii. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

D. Exceptions to Arbitration

i. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against AdvanceCRE by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by AdvanceCRE against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

ii. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement, and the Dispute Resolution section, will continue to apply.

E. Informal Dispute Resolution

i. If either of you or AdvanceCRE intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute, in writing, at least 30 days in advance of initiating arbitration.

ii. Notice to AdvanceCRE should be sent to 1124 Rexford Drive, Los Angeles, CA 90035. If you have an AdvanceCRE account, notice to you will be sent to the e-mail address associated with your account.

iii. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you and AdvanceCRE do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or AdvanceCRE may commence formal arbitration proceedings.

F. Arbitration Procedure

i. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. Any settlement offer made by you or AdvanceCRE may not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration will be held in Los Angeles, California.

ii. For any claim where the total amount of the award sought is $10,000 or less, you and AdvanceCRE may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and AdvanceCRE, subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or AdvanceCRE may attend by telephone, unless the arbitrator requires otherwise.

iii. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

G. Opt-Out Procedure

i. IF YOU ARE A NEW ADVANCECRE USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE ADVANCECRE TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO ADVANCECRE LLC, RE: OPT-OUT NOTICE, 1124 REXFORD DRIVE, LOS ANGELES, CA 90035.

ii. For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the e-mail address(es) associated with the AdvanceCRE account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.

iii. This procedure is the only way you can opt out of the Agreement to Arbitrate.

iv. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement and this Dispute Resolution section will continue to apply. Opting out of the Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements between you and AdvanceCRE.

H. Modification of the Agreement to Arbitrate

i. Notwithstanding any provision of this Agreement to the contrary, you and AdvanceCRE agree that, if AdvanceCRE makes any changes to this Dispute Resolution section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Agreement that have arisen or may arise between you and AdvanceCRE.

ii. We will notify you of changes to this Dispute Resolution section by posting the changes on the AdvanceCRE websites or platforms and the Mobile Software at least thirty (30) days before the effective date of the changes and also by e-mail. If you do not agree to any modified terms, you may close your account within the thirty (3) days between the notification date and the effective date, and you will not be bound by the changes.

15. GENERAL

A. The Services are controlled and operated by AdvanceCRE from within the United States of America. AdvanceCRE makes no representations that the Services, or the materials available via the Services, are appropriate or available for use in locations outside of the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all U.S. laws as well as local laws, if and to the extent local laws are applicable. You may not use the Services if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government.

B. You may not assign, transfer, sublet, lease, or delegate any or all of your rights and obligations under this Agreement without the prior written consent of the AdvanceCRE. AdvanceCRE may assign this Agreement or delegate its obligations without restriction other than as required under applicable law.

C. Nothing in this Agreement may be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Except as otherwise set forth herein, only you and AdvanceCRE may enforce this Agreement. No other party will be entitled to enforce the terms of this Agreement.

D. AdvanceCRE may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via e-mail, written or hard copy, or through conspicuous posting on our websites or platforms, as determined by AdvanceCRE in its sole discretion. AdvanceCRE reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. AdvanceCRE is not responsible for any automatic filtering that you or your network provider may apply to e-mail notifications sent to the e-mail address associated with your User account. We recommend that you add admin@advancecre.com to your e-mail contacts or address book to help ensure that you receive e-mail notifications from us.

E. Under California Civil Code Section 1789.3, California Users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

F. This Agreement, together with any amendments, policies, and additional agreements between you and AdvanceCRE in connection with the Services, will constitute the entire agreement and understanding between you and AdvanceCRE concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or on behalf of AdvanceCRE that is not set out in this Agreement or any document expressly referenced herein.

G. You agree to comply with all applicable laws, regulations, and ordinances while accessing or using the Services, AdvanceCRE websites or platforms, or the Mobile Software.

H. Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, salary data and Salary Data Displays, or guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (i) all Confidential Information will remain the exclusive property of AdvanceCRE; (ii) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (iii) you will not disclose Confidential Information to any third party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share, or otherwise disclose to any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the AdvanceCRE websites or platforms.

I. You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause AdvanceCRE irreparable damage, for which the award of damages would not be adequate compensation. Consequently, AdvanceCRE may institute an action to enjoin you from any acts in violation of those provisions. Such remedy will be cumulative and non-exclusive such that AdvanceCRE may seek entry of an injunction against any breach or threatened breach of those provisions in addition to any other relief to which we may be entitled at law or in equity.

J. You may not publicly disclose, issue any press release, make any public statement, or otherwise communicate with the media concerning the existence of this Agreement or the subject matter hereof or concerning the relationship between you and AdvanceCRE without AdvanceCRE’s prior written approval. You agree not to misrepresent or embellish the relationship between you and AdvanceCRE. You agree to refer any inquiry that you receive from the media or other third parties concerning this Agreement, the Services, or AdvanceCRE to us at: admin@advancecre.com.

K. Your use of the Services may include the option to enter into agreements or to make transactions electronically. YOU ACKNOWLEDGE AND AGREE THAT YOUR ELECTRONIC SUBMISSIONS OR SIGNATURES INTEND TO AUTHENTICATE THE MATERIAL THAT YOU ARE SIGNING OR SUBMITTING, CONSTITUTE YOUR INTENT TO BE BOUND BY ANY AGREEMENTS, AND ANY ELECTRONIC SIGNATURES WILL HAVE THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE. YOU FURTHER AGREE THAT YOU AUTHENTICATION OF AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS OR SIGNATURES APPLIES TO ALL RECORDS RELATING TO YOUR TRANSACTIONS ON ANY ADVANCECRE WEBSITE OR PLATFORM, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

L. Any waiver of any provision of this Agreement will be effective only if in writing and signed by AdvanceCRE. No failure or delay by AdvanceCRE to exercise any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right hereunder preclude any other or future exercise of that right or any other right hereunder.

M. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.

N. To the extent allowed by law, the English version of this Agreement is binding and any translations are provided for convenience only.

O. The headings in this Agreement are for convenience only and have no legal or contractual effect.

P. As used in this Agreement, the word "including" will be construed to mean "including, but not limited to" or “including, without limitation,” whether or not such qualifying language appears in the text of a given clause or provision.