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ZIFF DAVIS, LLC TERMS OF USE

Effective April 14, 2020 – Version Française

NOTE: THE ZIFF DAVIS TERMS OF USE HAVE BEEN UPDATED. PLEASE REVIEW THE UPDATED
TERMS OF USE CAREFULLY BEFORE USING THE ZIFF DAVIS SERVICES. BY USING ANY OF THE
ZIFF DAVIS SERVICES, YOU CONSENT TO THE TERMS OF THE UPDATED TERMS OF USE.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR
RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND
CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE,
PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER
SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR
TERMS OF USE.


1. GENERAL

These Terms govern your use of the interactive websites, mobile and connected
applications, software, and other online interactive features and services,
including, but not limited to, emails, newsletters, forums, communities,
sweepstakes and contests (collectively, the “Services”) operated by Ziff Davis,
LLC and its subsidiaries (collectively “Ziff Davis” “we” “us” or “our”).
Additional terms and conditions of use applicable to specific areas of the
Services may also be posted in such areas and, together with these Terms, govern
your use of those areas and are referred to collectively as the “Agreement.”

These Terms cover the following Ziff Davis websites and mobile applications:

 * Ziff Davis
 * IGN, IGN Canada, IGN UK, IGN Australia
 * AskMen, AskMen Canada, AskMen UK, AskMen Australia
 * PCMag, PCMag UK, PCMag Australia
 * Geek
 * ExtremeTech
 * TechBargains
 * Mashable
 * Offers.com
 * Credit Cards Explained
 * CouponCodes.com
 * Black Friday
 * Best Black Friday
 * Retail Me Not
 * Ookla, Speedtest.net, Speedtest Custom
 * Toolbox.com, Inside CRM, Inside-Erp, IT Management, IT Security, VoIP-News
 * emedia.com, emedia.co.uk
 * Salesify, B2BSignals
 * Revenu8, MarTechAdvisor, ReadITQuick, HRTechnologist
 * Ziff Davis Data
 * Bestgifts.com
 * Deals of America
 * The Black Friday
 * Mashable Shop
 * IGN Store
 * NursingALD

Applications:

 * IGN: Video Game News, Reviews, Guides
 * IGN App For PlayStation All-Stars Battle Royale
 * IGN App For Elder Scrolls V: Skyrim
 * IGN App For PlanetSide 2
 * IGN: Video Game News, Reviews
 * IGN App For GW2
 * IGN App For Final Fantasy XIV: A Realm Reborn
 * IGN App For Dead Space 3
 * TechBargains
 * PC Magazine
 * Speedtest
 * Deals of America
 * The Black Friday

We reserve the right, in our discretion, to change or modify all or any part of
the Agreement at any time, effective immediately upon notice published on this
page. Your use of the Services constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made by Ziff Davis
as permitted above. Please be sure to review the Agreement periodically to
ensure familiarity with the most current version. If at any time the terms and
conditions of the Agreement are no longer acceptable to you, you should
immediately cease all use of the Services. It is your responsibility to refer to
the Agreement upon accessing the Services.

COPPA: The Services are directed to teenagers and adults and are not directed to
children under the age of 13. You must be 13 years of age or older to use the
Services outside of the European Union and European Economic Area, and 16 years
of age or older in the European Union and European Economic Area. Ziff Davis
complies with the Children’s Online Privacy Protection Act and does not permit
registration by, and will not knowingly collect personally identifiable
information from, anyone under 13. By registering for any Services, you
represent and warrant that you are 13 years of age or older or, if you reside in
the European Union or European Economic Area, 16 years of age or older.
Additionally, you must provide true, accurate and complete registration
information to become a member of the Services (“Member”). Creating a Member
account if you are under the age of 13 outside of the European Union and
European Economic Area or 16 in the European Union and European Economic Area,
under automated means or under false or fraudulent pretenses constitutes
unauthorized use of the Services, and such accounts will be deleted by Ziff
Davis.

As part of the registration process, you may be asked to select a username and
password and you will be responsible for all activities occurring under your
username and for keeping your password secure. We may refuse to grant you a
username that impersonates someone else, violates or infringes on the trademark
or proprietary rights of a third party, or is vulgar, offensive, or otherwise
inappropriate, as determined by us in our sole discretion. You agree that your
username and password is personal to you and should not be used to provide
access to the Services to any other person or entity.

By using the Services, you agree to: (a) provide accurate and complete
information about yourself as prompted by the registration form for a Service
(“Registration Data”), (b) maintain and promptly update the Registration Data to
keep it accurate and complete, and (c) maintain the security of your password.
In the event you compose a profile upon registering for the Services (a “Member
Profile”), such profile must describe you, an individual person. Examples of
inappropriate profiles include, but are not limited to, profiles that purport to
represent an animal, place, inanimate object, fictional character, or real
individual who is not you. If you wish to view or change your profile, you can
do by clicking on the appropriate link listed in the Updating Your Registration
Information section of the Ziff Davis Privacy Policy.

For Shopping Services: Certain of Ziff Davis sites allow you to purchase
products (“Products”). Such Products and pricing on the sites may change at any
time without prior notice to you. You agree that you will only purchase Products
on the sites for your own use and enjoyment or as a gift for another person,
that all information you submit through the sites is complete, accurate, current
and true and that you are not barred from receiving Products under applicable
law. Some Products you purchase may be used or contain used parts. Certain
software or other materials that you purchase through the sites may be subjected
to further export controls. You agree to comply with all applicable export and
re-export restrictions, laws and regulations and will not encourage, assist, or
authorize the transfer of such products to a prohibited country in violation of
law, rule or regulation. Please be advised that an order confirmation to you
does not signify acceptance of your order, nor does it constitute confirmation
of an offer to sell. At any time after receipt, your order may be accepted,
declined, or quantity restrictions or other limits may be placed on your order
for any reason. If you are charged for an order that has been canceled, you may
seek a refund for the full amount of the canceled portion of such order. While
we strive to make all information on the sites as accurate as possible, we do
not warrant that Product descriptions or other content is accurate, complete or
error free. Promotions and availability of products are subject to change.
Please complete this form with any questions on a pending or placed order.

For Health eCareers Services: You agree that you may not share passwords, login
information, or other named user identification or otherwise allow multiple
offices or users to access the Health eCareers Services beyond the scope of the
original subscription. If you are a job seeker on the Health eCareers Services
who has reason to believe that your account is no longer secure, you must
promptly change your password by updating your account information from the My
Account section of the Health eCareers Services and immediately notifying us of
the problem via email addressed to info@healthecareers.com. If you are a Health
eCareers Services prospective employer who has reason to believe that your
account is no longer secure, you must promptly contact Customer Support via
email addressed to info@healthecareers.com.

For Toolbox.com Services: When using particular Toolbox.com Services, you shall
be subject to any posted guidelines or rules applicable to such Services,
including but not limited to the Toolbox Groups Moderation Policies. All such
guidelines or rules are hereby incorporated by reference into these Terms. Ziff
Davis currently provides Toolbox.com users with access to a variety of Services,
including but not limited to, communications tools, email-based discussion
groups, online discussion groups, job center, source code, documents,
Communities, Blogs, Wiki, Company Research Directory, and Professional
Networking features. Unless explicitly stated otherwise, any new features or
services shall be subject to the Agreement. In order to use certain Services,
you will be required to register with Toolbox.com.

For IGN Services: When using IGN Services, you shall be subject to any posted
guidelines or rules applicable to such Services, including but not limited to
the Comment Culture and Moderation and Community How To’s and FAQ’s policies
which can be found under IGN Community Central. All such guidelines or rules are
hereby incorporated by reference into these Terms. Ziff Davis currently provides
IGN users with access to a variety of Services, including but not limited to,
community boards, user pages, wikis, and blogs. Unless explicitly stated
otherwise, any new features or services shall be subject to the Agreement. In
order to use certain Services, you will be required to register with IGN.

For the IGN Loops Feature: The following terms apply to your use of the Loops
feature offered on IGN.com and its subdomains (“Loops”).

(a) Ziff Davis hereby grants you a limited, non-exclusive, non-transferable,
revocable license to use IGN-created and owned content solely in connection with
Loops, which enables you to select a custom “loop” of video footage on IGN
videos and to share such “loops” with others via a URL provided by us. By using
Loops, you agree that you are using the IGN content for your own personal,
non-commercial use. Any text or other content posted by you in connection with
Loops must not: (a) be libelous, defamatory, threatening, harassing, hateful, or
offensive; (b) may not violate or infringe any third party right, including, but
not limited to, any copyright, trademark, right of privacy or publicity, or
other personal or proprietary rights; or (c) violate any applicable laws, rules
or regulations.

(b) Except as expressly permitted by Ziff Davis or by the owner of the copyright
or other such proprietary right, the license granted herein to IGN-created
content does not include content or trademarks owned by third parties (including
third party content or trademarks incorporated into IGN-created content). By
using Loops, you are solely responsible for determining whether your use of
Loops complies with applicable laws, including copyright laws, and you accept
all risk of liability associated with your use of Loops and any third party
claims that may result from your use. You agree to indemnify, defend and hold
harmless Ziff Davis from and against any and all liability whatsoever (including
attorney’s fees and costs) arising from or related to your use of Loops,
including, but not limited to, claims arising from your use of Loops in
connection with third party content.

Any use of Loops in violation of the limitations described above is strictly
prohibited and may result in immediate termination or revocation of your access
to Loops and/or other portions of the Service, and may subject you to legal
liability.

For Premium Services: Certain Services provided by Ziff Davis, including but not
limited to the IGN Prime Service (the “IGN Premium Service”) and paid PC
Magazine subscriptions (the “PC Mag Premium Service”), require registration and
payment (such Services are referred to collectively as the “Premium Services”).
Please note that the PC Mag Premium Service, including all billing, invoices and
renewals, is managed by Ziff Davis’ third party vendor, Palm Coast Data.

(a) Customer Service. For questions about your IGN Premium Service subscription,
please visit the IGN FAQs accessible through the IGN Support Center. All
questions that cannot be answered via the FAQ page should be sent using the IGN
Support Online Form, available through the IGN Support Center. Please include
your name and username in all correspondence. For questions about your PC Mag
Premium Service, please visit the PC Magazine Digital Edition Customer Service
Page and log into your account.

(b) Payment Obligation and Credit Card Authorization. You are responsible for
paying any and all charges relating to your Premium Services account, including
without limitation, periodic subscription fees (the initial fee and automatic
renewals). You grant to Ziff Davis’ third party payment processor(s) permission
to charge your credit card (or other approved payment mechanism) to pay for all
such charges. The Premium Service subscription fee will be billed at the
beginning of your subscription and on each annual, quarterly or monthly renewal
thereafter, dependent on the original subscription term selected at
registration, unless you cancel at least ten (10) days prior to the renewal date
pursuant to the process set forth below.

For the IGN Premium Service, payment must be made by Visa, MasterCard or
American Express or PayPal. For the PC Mag Premium Service, payment must be made
by Visa, MasterCard, American Express or Discover. If Ziff Davis does not
receive payment from the credit card issuer or its agent, you agree to pay all
amounts due upon our demand. Your card issuer agreement governs your use of your
designated card in connection with the Premium Services, and you must refer to
that agreement and not this Agreement to determine your rights and liabilities
as a cardholder. YOU, AND NOT ZIFF DAVIS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY
YOU.

ZIFF DAVIS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR BILLING
METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR
CONTENT, OR SERVICES PROVIDED BY ZIFF DAVIS, EFFECTIVE THIRTY (30) DAYS AFTER AN
ONLINE POSTING ON THE APPLICABLE ZIFF DAVIS SERVICES. ZIFF DAVIS MAY
ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS
UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR IGN PREMIUM SERVICE SUBSCRIPTION BY
VISITING THE IGN SUPPORT CENTER, OR YOUR PC MAG PREMIUM SERVICE SUBSCRIPTION BY
VISITING THE PC MAGAZINE DIGITAL EDITION CUSTOMER SERVICE PAGE. YOUR CONTINUED
USE OF THE PREMIUM SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH
FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. ZIFF
DAVIS IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION EITHER IN
WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE
THAT ZIFF DAVIS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT
OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN
60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.

(c) Renewal and Cancellation of Your Subscription. You grant to Ziff Davis’
third party payment processor(s) permission to automatically renew your
subscription and charge your account up to seven (7) days prior to the day on
which your subscription is scheduled to end. You acknowledge and agree that the
authorization to charge your credit card or other payment mechanism for the
Premium Services shall automatically transfer to any successors or assigns of
the Premium Services for substantially similar services at the same property.
You may not assign or transfer your subscription to any other person or entity.
You must be at least 18 years old (or have the permission of a credit card
holder who is) to subscribe for Premium Services.

(i) Cancellation of IGN Premium Service. For the IGN Premium Service, you may
“opt out” of this automatic renewal by visiting the IGN Support Center and
canceling on your own or by using our online form to notify Ziff Davis. Ziff
Davis will cancel your account upon receipt of such notification from you. All
fees, charges and sales are final. Once charged to your credit card, the
payments are nonrefundable, except in cases of demonstrated fraud, which will be
determined at Ziff Davis’ sole discretion. You acknowledge that canceling your
subscription for any reason will not immediately terminate access to the IGN
Premium Service and Ziff Davis will not refund the remaining portion of your
subscription. Your subscription will remain open until the paid period expires.

(ii) Cancellation of PC Mag Premium Service. For PC Magazine paid subscriptions,
you may disable automatic renewal and update other settings related to your
account by going to the PC Magazine Digital Edition Customer Service Page and
logging into your account, emailing pcmagdigitalcustomerservice.com, or by
calling 1-800-289-0429. Your account will be cancelled upon receipt by Ziff
Davis’ third party vendor of such notification from you via the Customer Service
Page. Upon cancellation of your subscription, you will receive a full refund on
all unsent issues.

(d) Termination of Your Subscription. You acknowledge that Ziff Davis, in its
sole discretion, may terminate your user ID, password, account (or any part
thereof) or use of the Premium Services for a variety of reasons, including,
without limitation, if Ziff Davis believes that you have violated or acted
inconsistently with the letter or spirit of the Agreement. Ziff Davis may also,
in its sole discretion, at any time discontinue providing the Premium Services,
or any part thereof, with or without notice. You agree that any termination of
your access to the Premium Services under any provision of the Agreement may be
effected without prior notice, and acknowledge and agree that Ziff Davis may
immediately deactivate or delete your account and/or bar any further access to
the Premium Services. If your account is terminated by Ziff Davis, it will not
be automatically renewed and access will be terminated, without refund. Further,
you agree that Ziff Davis shall not be liable to you or any third-party for
termination of your access to the Premium Services. YOU AGREE AND ACKNOWLEDGE
THAT ZIFF DAVIS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT
OVERSIGHTS PAST SIXTY (60) DAYS OF SUCH OCCURRENCE.

(e) Trial Memberships. Ziff Davis may occasionally offer promotional trial
memberships to its IGN Premium Service at special discounted prices. If you sign
up for a trial membership, you will be automatically renewed at the normal
subscription rate for the IGN Premium Service at the end of the trial period,
unless you cancel at least twenty-four (24) hours before the end of the trial.
You must cancel prior to the end of your trial to avoid charges to your credit
card. We will continue to bill your credit card for the IGN Premium Service at
the standard IGN Premium Service rate and renewal term thereafter, dependent on
the original subscription term selected at registration, until you cancel. For
information about canceling your IGN Premium Service subscription, visit the
IGN Support Center.

(f) Subscriber Information. You agree to provide and maintain true, accurate,
current and complete information about yourself as prompted by the Premium
Services registration process. You must promptly inform Ziff Davis of any of the
following: changes in the expiration date of any credit card used in connection
with the Premium Services; changes in home or billing address; and apparent
breaches of security, such as loss, theft, or unauthorized disclosure or use of
an ID or password. You agree to notify Ziff Davis immediately upon learning of
any potential breach of your Premium Services account.

(g) Use Restrictions. The material and content on the Premium Services is for
the private, non-commercial enjoyment of Premium Services Members only. Any
other use is strictly prohibited. Ziff Davis spends a great deal of time and
money to obtain the information appearing on our sites. You agree that you will
not copy, publish, or in any way make available publicly any news, pictures,
interviews, features, or any other information, content or materials from the
Premium Services, without express written permission from Ziff Davis. You agree
that if you do so, Ziff Davis reserves the right to cancel your subscription to
the Premium Services immediately without refund. Additionally, reuse of
copyrighted information (including but not limited to pictures, interviews,
features, videos, audio, etc.) will be prosecuted to the fullest extent of the
law.


2. YOUR USE OF CONTENT

You acknowledge that the Services contain information, software, articles,
reviews, content, photographs, audio and video clips, graphics, links, logos,
trademarks, the “look and feel” of our websites, applications and software and
other material (collectively, the “Content”) that are protected by copyright,
trademark and/or other proprietary rights of Ziff Davis or third parties. All
Content on the Services is protected by applicable copyright laws. You agree to
comply with all copyright laws and any copyright notices, information, or
restrictions contained in any Content available on or accessed through the
Services. Users of the Services may use the Content only for their personal,
noncommercial use. Businesses, organizations or other legal entities may not
become Members, and are not permitted to use the Services for any purpose,
including but not limited to collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of, or linking to, the Services or users on the
Services. Please refer to our Linking Policy for more information on linking and
use of Content.

Except as expressly permitted, you may not (i) modify, publish, transmit,
reproduce, create derivative works from, distribute, perform, display, adapt,
aggregate, sell, transfer or in any way exploit any of the Content, code or
Material (defined below), in whole or in part, or (ii) use any robot, spider,
site search and/or retrieval application, or other device to scrape, extract,
retrieve or index any portion of the Services. Content consisting of
downloadable or web-based software may not be reverse engineered unless
specifically authorized by the owner of the software’s patent and/or copyright.
You also agree not to circumvent, disable or otherwise interfere with any
security related features of the Services or the Content, including features
that prevent or restrict use or copying, or that enforce limitations on use.

You may only post on the Services content owned by you (such as your original
statements or video clips), content for which you have received express written
permission from the owner and content in the public domain (collectively, the
“Material”). You assume all risk and responsibility for determining whether any
Material is in the public domain. You hereby grant, transfer and assign to Ziff
Davis and its affiliates, successors, assigns and licensees (collectively,
“Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right
and license to publish, distribute, reproduce, transmit, use, translate,
display, perform, modify, revise, create derivative works of and archive the
Material, in any form or media now known or hereafter developed (including
without limitation in print, magnetic or electronic form), including, but not
limited to, as part of the Services or in support of the Services through
advertising or marketing, on any number of occasions in any form, and to
sublicense third parties (including other users of the Services) to do any of
the foregoing with further right of sublicense (the “License”), without payment
or compensation to you and without seeking further permission from you. You
represent and warrant that you are authorized to grant all rights set forth in
the preceding sentence and that the exercise by Licensee of Licensee’s rights
under the License shall not violate any laws, defame or libel any person, invade
any person’s right of privacy or publicity or otherwise violate, misappropriate
or infringe the rights of any person (including but not limited to any copyright
or moral right). You agree that you are solely responsible for the Material that
you post on the Services or transmit to others and agree that you will not hold
Company responsible or liable for any materials or content you access or receive
from other users of the Services.

You may download, copy and make any personal, non-commercial use of the Content
and use that is expressly permitted by the United States Copyright Act of 1976,
as amended (“Copyright Act”) and not prohibited by any section of the Copyright
Act or by any other applicable law, rule or regulation; provided, however, that
you maintain all copyright and other notices contained in such Content; and
provided further that you shall not store electronically any significant portion
of any Content.

To the extent that you provide us with any suggestions, feedback or other
information relating to our business or the Services (including, but not limited
to, suggested new products or services or improvements to existing products and
services), such information is provided to us on a non-confidential and
unrestricted basis, and you hereby grant to the Licensee (as defined above) a
non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and
sublicensable right and license to reproduce, display, distribute, use and fully
exploit such suggestions, feedback and information.

For questions regarding use of Content please email
Brand_Licensing@ziffdavis.com.


3. RULES OF CONDUCT

Ziff Davis has the right, but not the obligation, to investigate any illegal
and/or unauthorized use of the Services and appropriate legal action may be
taken, including without limitation, civil, and injunctive relief. While
utilizing the Services, you may not:

 * Use the Services for any commercial purpose, to distribute any advertising or
   solicitation of funds or goods and services, or to solicit users to join
   competitive online services;
 * Post on the Services any links to any external Internet sites that are
   obscene or pornographic, or display pornographic or sexually explicit
   material of any kind;
 * Post on the Services or transmit through the Services any Material that
   violates or infringes another person’s intellectual property rights
   (including, but not limited to, third party music, videos, photos or other
   materials where you do not have written authority from the owner to post or
   transmit such materials);
 * Post or transmit any Material that contains any advertising, promotional
   materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any
   other form of solicitation;
 * Reformat, frame or mirror any portion of any web page that is part of the
   Service;
 * Post Material containing restricted or password only access pages, or hidden
   pages or images (those not linked to or from another accessible page);
 * Submit any Material that impersonates a person or entity, falsely implies
   sponsorship or endorsement of that Material by the Services, Ziff Davis
   and/or any third party, falsify or delete any author attributions in any
   Material, or promote any information that you know is false or misleading;
 * Transmit any viruses, worms, defects, Trojan horses or other items of a
   contaminating or destructive nature through the Services or otherwise attempt
   to interfere with the proper working of the Service or the use and enjoyment
   of the Services by other users;
 * Promote an illegal or unauthorized copy of another person’s copyrighted work,
   such as providing pirated computer programs or videos or links to them,
   providing information to circumvent manufacture-installed copy-protect
   devices, or providing pirated music or links to pirated music files;
 * Submit Material, or engage in any activity, that is libelous, defamatory,
   obscene, pornographic, abusive, harassing, threatening, unlawful, or violates
   the rights of any third party (including their rights of privacy or
   publicity) or that promotes or encourages illegal activity, racism, bigotry,
   hatred, physical harm or discrimination of any kind against any group or
   individual; or
 * Harvest or collect email addresses or other contact information of other
   users by electronic or other means.

Health eCareers and NursingALD Material: The Health eCareers and NursingALD
Services allow for the posting by employers, recruiters and staffing agencies of
available job opportunities at their companies or companies they represent and
by candidates of their own resumes. Ziff Davis is under no obligation to
evaluate or censor the resumes, job listings or other information posted to the
Health eCareers and NursingALD Services. Moreover, Ziff Davis is not involved in
the actual transaction, if any, between potential employers and candidates.
Consequently, we have no control over the quality, safety or legality of the job
listings or resumes posted to the Services, the truth or accuracy of such job
listings or resumes, the ability of employers to hire candidates, or the ability
of the candidates to fill job openings. As a representative of your company in
connection with your use of the Health eCareers Services, you represent and
warrant to Ziff Davis that you are authorized to do so.

When you post Material on the Health eCareers and NursingALD Services, you are
solely responsible for the form, content and accuracy of any resume, job listing
and/or other Material that you post. Ziff Davis makes no representations,
warranties or guarantees concerning the Health eCareers Services, including, but
not limited to, representations that a resume or job posting will be viewed by
any specific number of users, or that a resume or job posting will be viewed by
any user. Ziff Davis is not to be considered an employer with respect to your
use of the Health eCareers Services, and Ziff Davis shall not be responsible for
any employment decisions made by any person or entity posting job listings,
resumes or other Material to the Health eCareers Services. Ziff Davis assumes no
responsibility or liability for any personnel selected by your company through
the Health eCareers Services, and selection, retention or hire of any individual
or entity is based solely on your or your company’s investigation, verification
and determination that such hire is suitable for the role and for the company’s
purposes.

The following additional restrictions apply to Material posted by you on the
Health eCareers Services. You shall not do any of the following without the
prior written authorization of Ziff Davis:

 * Post any inaccurate, untimely, stale, incomplete or misleading information,
   including inaccurate biographical information;
 * Post any employment opportunity or requirements that are inaccurate or not
   available with a verifiable company that is directly represented by you or
   your company;
 * Post any employment opportunities that are not healthcare-related, or are
   outside a healthcare-related field or organization;
 * Key code (through overuse of a skill set, term or definition within a job
   posting, profile, resume or otherwise in an effort to gain priority placement
   of a posting), copy other job postings as your own, post the same position
   multiple times on the Services or post multiple positions within one posting;
 * Place any contact information within a job posting that is different from or
   in addition to contact information provided when subscribing to the Health
   eCareers Services;
 * Post any employment opportunity that does not contain a valid application
   method (such as company URL, email address, or “apply online”) that is
   connected to the “Apply” button in the job posting;
 * Place any content within the job details section of a job posting that
   directs job seekers to apply directly via an email address or any other
   method that circumvents the “Apply” link;
 * Resell or make available to any person not expressly licensed by Ziff Davis,
   whether via phone, fax, email, mail or other medium, any of the Health
   eCareers Services or any information obtained therefrom, including, without
   limitation, resumes or candidate information;
 * Allow job postings or employment requirements to remain posted on the Health
   eCareers Services for more than 24 hours after they are no longer viable or
   valid (to the extent that a position is placed on “hold” or is otherwise not
   available for immediate placement, the posting should be removed until such
   time as it is a viable opening);
 * Respond to a job listing on behalf of anyone other than yourself;
 * Delete or revise any Material posted by another person or entity; or
 * Use, print, or otherwise copy any personal information of candidates for any
   purpose other than consideration of the candidates for potential employment
   by your company or a company you represent.

The above is not a complete list of illegal and/or prohibited uses of the
Service.

Use of the Services is subject to existing laws and legal process. Nothing
contained in the Agreement shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of the
Services.


4. MANAGING CONTENT

Despite our rights outlined herein, you shall remain solely responsible for all
Material you post. Ziff Davis has no obligation evaluate, to pre-screen and/or
monitor the Material you post, however Ziff Davis reserves the right to edit or
remove any Content or Material on the Services, in whole or in part, and to
disclose any information or take any action necessary to satisfy any applicable
law, regulation, legal process or governmental request or to protect the rights,
property or safety of Ziff Davis, its users and the public. You understand and
agree that you may be exposed to such matters and that you further waive your
right to any damages (from any party) related to such exposure.

Ziff Davis has the right, but not the obligation, to take any of the following
actions in our sole discretion at any time and for any reason without giving you
any prior notice:

 * Restrict, suspend, or terminate your access to all or any part of our
   Services;
 * Change, suspend, or discontinue all or any part of our Services;
 * Refuse, move, edit or remove any Material for any reason;
 * Refuse, move, edit or remove any Content that is available on the Services;
 * Deactivate or delete your account(s) and all related information and files in
   your account(s);
 * Disclose your identity or other information about you to any third party who
   claims that Material posted by you violates their legal rights, including,
   but not limited to, their intellectual property rights or their rights of
   privacy or publicity;
 * Disclose your identity or other information about you to law enforcement
   officials upon request if Ziff Davis determines in its sole discretion that
   such disclosure is in the interest of protecting its users or the public;
 * Establish general practices and limits concerning use of our sites and
   Services.

You agree that Ziff Davis will not be liable to you or any third party for
taking any of these actions. You understand and agree that our Services may
include communications such as advertisements, service announcements and
administrative messages from us or from our partners, and that these are
considered part of the Services.


5. ENDORSEMENT

ZIFF DAVIS MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME
CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES.

THIS MEANS ZIFF DAVIS MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN
ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS
ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE
AFTER CLICKING A LINK.

Ziff Davis does not represent or endorse the accuracy or reliability of any
Content or other material posted on any interactive area or elsewhere on the
Services and you acknowledge that any reliance upon such Content or other
material shall be at your sole risk. Any Content or other material placed on any
interactive area by users represents the views of the user posting the
statement, and does not represent the views of Ziff Davis.

The Services may contain links to sites on the Internet which are owned and
operated by third parties (the “External Site(s)”). You acknowledge that Ziff
Davis is not responsible for the availability of, or the content located on or
through, any External Site, and that your use of such External Sites may be
subject to a third party’s terms and conditions and/or privacy policy. Any
third-party content or a link to a third-party site is not an endorsement of
that content or third-party site. You should contact the site administrator or
webmaster for those External Sites if you have any concerns regarding such links
or the content located on such External Sites.

Typically, we do not directly sell, resell, or license any of the products or
the services that we review, list, or advertise on our sites, and we disclaim
any responsibility for or liability related to them. Your correspondence or
related activities with third parties, including payment transactions and
goods-delivery transactions, are solely between you and that third party. All
product and deal information such as discount, price and availability are
believed to be accurate as of the time of publication and are subject to change.
Please verify these details with the merchant site and check the merchant’s
terms and conditions before you buy. You agree that we will not be responsible
or liable for any loss or damage of any sort incurred as the result of any of
your transactions with third parties. Any questions, complaints, or claims
related to any product or service should be directed to the appropriate vendor.
However, in the event we do sell, resell, or license products or services, any
terms and conditions related to your purchase or license of such products and
services from us or any affiliates will be accessible on the applicable site
page.

Please note that we may allow certain manufacturers to license, use and/or
reprint a Ziff Davis trademark, logo, or a review in whole or in part, in its
own marketing materials and advertisements in exchange for a license fee.


6. INDEMNIFICATION.

You agree to indemnify, defend and hold Ziff Davis and its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors (collectively, the “Ziff Davis Parties”) harmless from and against any
and all claims, liability, losses, damages, costs and expenses (including
attorneys’ fees) incurred by any Ziff Davis Party in connection with:

 * Your use of, or connection to, our Services;
 * Any use or alleged use of your accounts or your passwords by any person,
   whether or not authorized by you;
 * The content, the quality, or the performance of Material that you submit;
 * Your violation of the Agreement or the Ziff Davis Privacy Policy;
 * Your violation of the rights of any other person or entity; or
 * Your violation of any applicable laws, rules or regulations.

Ziff Davis reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with Ziff Davis’ defense of such claim


7. TERMINATION OF SERVICE

Ziff Davis reserves the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Services, including the
discussion areas, at any time for any reason without prior notice or liability.
Conversely, you may terminate your access to the Services at any time by
immediately ceasing use of the Services. If you would like to delete a
particular account on the Services, please review the  What Can I Do to Control
My Information? section of the Privacy Policy and use the contact instructions
for the particular property where you with to delete your account. Once your
access terminates, you will have no right to use the Services. The terms of the
Agreement shall survive any termination of your access. Ziff Davis may change,
suspend or discontinue all or any aspect of the Services at any time, including
the availability of any feature, database, or Content (including the discussion
areas), without prior notice or liability.


8. COPYRIGHT POLICY

You may not post, distribute, perform, display, transmit or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Ziff Davis has registered a designated agent with the Copyright Office pursuant
to 17 U.S.C. §512(c). If you believe that your work has been copied and posted
on the Services in a way that constitutes copyright or trademark infringement,
please notify the designated agent, Ziff Davis, LLC at 114 5th Avenue 15th Floor
New York, New York 10011, Attn: Legal Department fax: (212) 503-5136, or by
email: ZDLegal1@ziffdavis.com and insert “Terms of Use” in the subject line.

A notification of claimed infringement must include the following:

(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or trademark interest;

(b) a description of the copyrighted work(s) or trademark(s) that you claim has
been infringed;

(c) a description of where the material that you claim is infringing is located
on the Services (including any additional identifying information such as URLs
and post numbers to assist us in identifying the allegedly infringing material);

(d) your address, telephone number, and email address;

(e) a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or trademark owner, its agent,
or the law; and

(f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
trademark owner or authorized to act on the copyright or trademark owner’s
behalf.

If materials you have posted on the Services have been removed due to alleged
infringement of a third party’s intellectual property rights, Ziff Davis will
notify you. If you believe your materials have been wrongly removed, you may
file a counter-notification containing the following:

(a) an electronic or physical signature of the person authorized to act on your
behalf;

(b) a description of the material that has been removed or to which access has
been disabled and where the material was located online before it was removed or
access to it was disabled;

(c) a written statement by you that under penalty of perjury, that you have a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled; and

(d) your address, telephone number, and email address; and

(e) a statement that you consent to the jurisdiction of federal district court
for the judicial district in which the address is located, or if your address is
outside of the United States, for any judicial district in which the service
provider may be found, and that you will accept service of process from the
person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent
of such person.

Upon Ziff Davis’ receipt of such counter-notice, Ziff Davis will provide the
complainant with your contact information so that you have the ability to
resolve the issue. Please note that when we forward the counter-notification, it
includes your personal information. If you are concerned about protecting your
anonymity, please consult with an attorney about other options. If the matter
has been resolved or the complainant does not seek a court order within the
statutory time period, we generally will re-post the material.

Ziff Davis reserves the right to remove any materials or content alleged to be
infringing without prior notice, at Ziff Davis’ sole discretion, and without
liability to you.

In appropriate circumstances, Ziff Davis will also terminate your account if you
are determined to be a repeat infringer.

Any person who knowingly misrepresents that material is infringing or that
material was removed or disabled by mistake or misidentification may be subject
to liability.


9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

The Services and the Content are distributed on an “as is, as available” basis.
None of Ziff Davis, third party vendors or content providers or their respective
agents makes any warranties of any kind, either express or implied, including,
without limitation, warranties of title or implied warranties of merchantability
or fitness for a particular purpose, with respect to the Services, any Content
or any products or services sold through the Services. Neither Ziff Davis nor
any third party content provider warrants that any files available for
downloading through the Services will be free of viruses or similar
contamination or destructive features. Neither Ziff Davis nor any third party
content provider warrants that any of the goods or services linked to or
advertised in the Services comply with data protection or other relevant
legislation and Ziff Davis accepts no liability whatsoever for any claim arising
from such goods or services.

You expressly agree that the entire risk as to the quality and performance of
the Services and the accuracy or completeness of the Content is assumed solely
by you and Ziff Davis cannot guarantee the continued availability of any
particular component of the Services. You specifically acknowledge that Ziff
Davis is not responsible or liable for any unauthorized access to or alteration
of your materials, data or other transmissions entered into through the Services
or for any threatening, defamatory, obscene, offensive or illegal Content or for
conduct of any other party or for any infringement of another’s rights.

ZIFF DAVIS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE. ZIFF DAVIS, ANY THIRD PARTY CONTENT
PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR
CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF
REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE
SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF,
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ZIFF DAVIS IS FOUND TO
BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY
CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF ZIFF DAVIS SHALL IN NO EVENT
EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH
RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR
TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ZIFF DAVIS, OR (II) ONE HUNDRED
U.S. DOLLARS ($100.00).

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 SERVICES, YOU RELEASE ZIFF DAVIS
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 ZIFF DAVIS HARMLESS
IN CONNECTION WITH ANY SUCH DISPUTE.

Some jurisdictions do not allow exclusion of implied warranties or certain
limitations of liability, including for incidental or consequential damages,
punitive or exemplary damages, bodily or moral (reputational) damages, gross
negligence, death or personal injury caused by negligence, personal injury or
loss of or damage to property caused by defective products, fraud and/or
fraudulent misrepresentation, or recklessness, so the above limitations or
exclusions may not apply to you. In such jurisdictions, the liability of Ziff
Davis, third party content providers and their respective agents shall be
limited to the greatest extent permitted by applicable law.


10. MEMBER DISPUTES

You are solely responsible for your interactions with other Members of the
Services. Ziff Davis reserves the right, but has no obligation, to monitor
disputes between you and other Members and to take action (e.g., account
deletion or removal of content posted by a user) if Ziff Davis determines that
there has been a violation of the Agreement or if such action is otherwise
necessary or desirable, in its sole discretion.


11. INTERNATIONAL USE

We make no claims that any Material, Services or any Content is appropriate or
may be downloaded outside of the United States or outside the country where such
Material, Services or any Content was produced. Access to the Material, Services
or any Content may not be legal in certain countries or for certain persons. If
you access any Material, Services or Content from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. You agree to comply with: (i) all local rules regarding user
conduct on the Internet and acceptable content; and (ii) all applicable laws
regarding the downloading and/or transmission of technical data and other
material from or to the United States and the country in which you are located.


12. NO SUBMISSION OF UNSOLICITED IDEAS

Ziff Davis does not accept unsolicited ideas of any kind, including ideas for:
advertising; promotions; new products, technologies, processes, or materials;
marketing plans; or product names. Please do not send us any such ideas or
materials relating to such ideas. This is to avoid any potential
misunderstanding or dispute should our products or marketing strategies seem
similar to unsolicited ideas submitted to us. If, despite this request, you do
send us any unsolicited ideas or materials, we make no assurances that such
ideas or materials will be treated as confidential or proprietary.

13. BINDING ARBITRATION

ARBITRATION NOTICE: Unless you opt out in accordance with this Section, any
dispute, claim or controversy arising out of or relating to this Agreement or
the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to
arbitrate, shall be determined by arbitration in New York, New York before a
single arbitrator. The arbitration shall be administered JAMS, pursuant to its
Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration
award may be entered in any court having jurisdiction. This clause shall not
preclude parties from seeking provisional remedies in aid of arbitration from a
court of appropriate jurisdiction. Notwithstanding the foregoing, each party
shall have the right to institute an action in a court of proper jurisdiction
for injunctive or other equitable relief pending a final decision by the
arbitrator.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL
BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO
BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
(III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A
PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER
PERSONS. If the specific provision of this paragraph is found to be
unenforceable, then the entirety of this Section entitled “Binding Arbitration”
shall be null and void.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS
INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY
COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND
STATUTORY CLAIMS.

You may opt out of this agreement to arbitrate. If you opt out in accordance
with this Section, neither you nor Ziff Davis can require the other to
participate in an arbitration proceeding. To opt out, you must notify Ziff Davis
in writing within thirty (30) days of the date that you first became subject to
this arbitration provision. You must use this address to opt out: Ziff Davis,
LLC
ATTN: LEGAL: Arbitration Opt Out
114 5th Avenue 15th Floor
New York, New York 10011

You must include your name and residence address, the email address, if any, you
use for your respective Ziff Davis account, and a clear statement that you want
to opt out of this arbitration agreement.


14. LIMITATION PERIOD FOR CLAIMS.

You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of our sites or the Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.


15. MISCELLANEOUS

We may be required by international, state or federal law to notify you of
certain events. You hereby acknowledge and consent that such notices will be
effective upon our posting them on our sites or delivering them to you through
e-mail. Subject to the arbitration provision above and for all purposes of this
Agreement, this Agreement shall be construed in accordance with the laws of the
State of New York, without reference to principles of choice of law. You and
Ziff Davis each irrevocably consent to the personal jurisdiction of the federal
or state courts located in New York, New York, the Borough of Manhattan (the
“Courts”) with respect to any action, suit or proceeding arising out of or
related to this Agreement or to the Services (including without limitation any
Content) and waive any objection to venue in any of the Courts for such an
action, suit or proceeding (whether based on forum non conveniens or otherwise);
additionally, you agree that you will not bring any such action, suit or
proceeding in any court other than the Courts.

This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this Agreement and any additional
terms and conditions posted on the Services, such terms shall be interpreted as
to eliminate any inconsistency, if possible, and otherwise, the additional terms
and conditions shall control. If any provision of this Agreement is held
invalid, illegal or unenforceable in any respect, (i) such provision shall be
interpreted in such a manner as to preserve, to the maximum extent possible, the
intent of the parties, (ii) the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby, and
(iii) such decision shall not affect the validity, legality or enforceability of
such provision under other circumstances.


16. NEW JERSEY RESIDENTS.

If, and to the extent that New Jersey law applies, with respect to residents of
New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or
relate to, consumer protection or fraud and/or misrepresentation, or result in
attorney’s fees), 9 and 14 do not limit any rights you may have as a consumer
under New Jersey law and are intended to be only as broad and inclusive as
permitted by the laws of the state of your residence. Subject to the foregoing,
Ziff Davis, third party content providers, and their respective agents reserve
all rights, defenses, and permissible limitations under New Jersey law. Nothing
in this Section shall modify the binding arbitration clause and waiver for class
action and jury trial in Section 13.


17. AUSTRALIA RESIDENTS.

Nothing in these Terms (including in Sections 6, 9 and 14) limits, excludes or
modifies any rights you may have under any law, including under the Australian
Consumer Law (the “ACL”) and consumer guarantees under the ACL, which may not be
limited, excluded or modified by agreement (including where such exclusion,
restriction or modification would be illegal or void under such law).


18. PRIVACY POLICY.

The Ziff Davis Privacy Policy will be made available on the property from which
you accessed these Terms. Such Privacy Policy is incorporated by reference into
these Terms.

QUESTIONS? Please contact ZDLegal1@ziffdavis.com and insert “Terms of Use” in
the subject line if you have any questions or comments about the Agreement, or
to report user conduct violating the Agreement.

 

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