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Terms of Use

TERMS OF USE

Welcome to CareersOutThere.com and our Terms of Use policies. Careers Out There (“COT,” “we,” or “us”) requires that all visitors to this Web site (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”), to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. Please read these terms as well as COT’s Privacy Policy carefully

1. WHAT COT IS AND DOES

COT provides educational content on the topic of careers and career advancement to help those searching for a first career or researching a career change. The people featured in the videos (“guests”) are expressing their own advice and opinions and not the advice or opinions of their employers (should they have employers). When guests are speaking about a particular career path, unless otherwise specified, they are talking about that career path in general and not describing what it would be like to work in that career path for a specific organization such as their employer or any other firm or company. We and our guests are sharing advice based on real life experience. Whether delivered by text, pre-recorded audio or video or live interaction (e.g. telephone, teleconferencing, video conferencing) you are by no means obligated to follow that advice, and should always use your reasonable judgment in evaluating any advice and its applicability to your particular circumstances. Neither we nor our guests can guarantee your success, nor are we responsible or liable for any of your actions. The same disclaimer applies to the career tests we provide access to known as the MBTI®Complete and Strong Interest Inventory®. These assessments have been designed to provide valuable information about your personality, preferences and career interests. We are not responsible or liable for any actions or causes of action of any kind arising out of or incidental to your taking the assessments.

2. CHANGES TO THESE TERMS AND THE SITE

We may change these Terms from time to time. When we post modifications to these Terms, we will revise the “Last Updated” date at the bottom of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your continuing agreement to abide and be bound by them, as modified. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).

3. LICENSE TO ACCESS AND USE

3.1       The Site’s Content includes exclusive content that can only be accessed by those who have paid a specified fee (“purchaser”) in exchange for access.

3.2       COT hereby grants each purchaser a limited, non-exclusive, non-sublicensable and non-transferable license to access the Site and its Content for their own personal use according to the provisions contained herein, and subject to the payment of the applicable fees and adherence to these Terms.

3.3       Access to exclusive content on the Site is granted under these Terms only upon payment of the applicable fees. The purchaser’s access to exclusive content depends on the on-site products chosen by the purchaser during the purchasing process.

3.4       The registration process to access exclusive Site content requires that you provide your name and contact information and to select a username and password. You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. You agree to not (a) register under the name of another person, (b) choose a username that is vulgar, profane or otherwise offensive, (c) choose a username that impersonates or suggests representation of another entity, or (d) choose a username that incorporates a solicitation. You are responsible for maintaining the confidentiality of your password(s) and other information. You are entirely responsible for any and all activities that occur under your username and password whether or not authorized by you. You agree to immediately notify COT at: info@CareersOutThere.com of any unauthorized use of your username or password. Although COT will not be liable for losses caused by any unauthorized use of your username or other information, you may be liable for the losses of COT or others due to such unauthorized use.

3.5       We reserve the right to decide which Content on the Site is visible to all Site users and which is exclusive (for purchasers only). We also reserve the right to change the status of certain Content when we choose.

3.6       You may access and use this Site only for your use as described in these Terms. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

3.7            You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

4. PRIVACY POLICY

Information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy

5. INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of COT or its licensors and content providers.

If your purchase includes access to the downloading of exclusive Content from the Site, you shall use that Content for your own educational and informational purposes. You shall not in any way share, distribute or reproduce that Content.

Trademarks that we have the license to use on the Site include MBTI®, Myers-Briggs® and Strong Interest Inventory®. MBTI® and Myers-Briggs® are trademarks or registered trademarks of the MBTI Trust, Inc., in the United States and other countries. Strong Interest Inventory® is a trademark or a registered trademark of CPP, Inc., in the United States and other countries.

6. USE OF TRADEMARKS

Except for the limited permission to use the COT logo as set forth in these Terms (see Hyperlinks below), you may not, without our express written permission, use any of COT trademarks or service marks for any other purpose.

7. CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to our copyright agent per the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2) at the contact information listed at the end of this paragraph:

(a) your contact information, including your name, address, telephone number, and email address; (b) identification and description of each copyrighted work that you claim has been infringed; (c) the exact URL or location of the material that you claim is infringing; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

Marc Luber
COT
P.O. Box 48842
Los Angeles, CA 90048
Email: Info@CareersOutThere.com

8. TERMINATION OF ACCESS

8.1       COT reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and COT, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

8.2       Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You shall not attempt to re-register with or access the Site and/or any of its Content, through use of a different username or otherwise, without our written approval. After terminating your access, COT will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force. You acknowledge that you will not be entitled to receive a refund for fees related to the Site or its Content to which your access has been terminated.

9. USER CONDUCT

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:

(a)             use the Site or Content for any unlawful purpose;

(b)            permit or provide others access using your user name and password or the user name and password of another authorized user;

(c)             transfer Site Content to another person;

(d)            save, download, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by Site policies;

(e)             copy, modify, reverse engineer, redistribute, create derivative works from, assign, license, transfer or adapt any of the information, video, audio, text, graphics,  source code or HTML code or other content available on the Site;

(f)             use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(g)            impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(h)            violate the Site’s security mechanisms, or otherwise breach the security of the Site or corrupt the Site in any way;

(i)              use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(j)              use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

(k)            use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

To ensure that users of the Site do not engage in any of the above conduct, COT reserves the right to monitor use of the Site and to revoke or deny access to any person or entity whose use suggests such conduct.

10. SUBMISSIONS

10.1         By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize COT to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to COT an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

10.2         By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

11. SECURITY

COT takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site as detailed in the Privacy Policy. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify COT immediately if you discover loss or access to such information by another party not under your control and supervision. COT will not be liable for any loss or damage arising from the unauthorized use of your username or password.

12. HYPERLINKS

12.1         This Site may include hyperlinks to other websites which are not maintained by COT. We are not responsible for the content of such third party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to third party websites does not imply endorsement by COT of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to third party websites may be different from those applicable to our Site. If you decide to access any third party website through a link within our Site, you do so entirely at your own risk, and COT will have no liability for any loss or damage arising from your access or use of any external website. Since COT is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding a third party website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of third party websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any third party website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

12.2         Images of the COT logo can only be used to link to the Site; any other use of the COT logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that COT approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

12.3         We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the COT logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the COT logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

13. AFFILIATES

We will provide affiliate links to third party sites and/or products (e.g. books on Amazon.com). We are paid a commission if and when the site user purchases the linked-to product(s) from the affiliate(s). We only promote products that we truly believe in. When we recommend those products and link to them via affiliate links, we may not always identify the affiliate links as such.

14. DISCLAIMER

The use of this SITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, ABC AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

15. LIMITATION OF LIABILITY

15.1         In no event will COT, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

15.2         Under no circumstances will COT or our Representatives be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of COT and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

15.3         Without limiting any of the foregoing, if COT or any of the Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless COT, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and COT; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

17. JURISDICTION

These Terms will be construed and enforced in accordance with the laws of the State of California. Each of you and your Company submits to personal jurisdiction in California, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Los Angeles County, California.

18. WAIVER OF JURY TRIAL

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

19. MISCELLANEOUS

19.1         These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

19.2         Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

19.3         Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

19.4         These Terms do not confer any rights, remedies, or benefits upon any person other than you.

19.5         We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

19.6         Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

19.7         If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

19.8         Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

19.9         Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

20. OTHER AGREEMENTS

If you have entered into a separate written agreement with COT with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.

21. QUESTIONS

Please contact us with any questions regarding the Site or these Terms at info@CareersOutThere.com.
 

Last Updated:
12/18/2012