Career Choice Network Terms of Use

Last Updated and Effective December 1, 2011

Welcome to the careerchoicenetwork.com website (“Website”). This Website is maintained as a service to our customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. This page together with our Privacy Policy, outlines the terms and conditions on which we provide access to our websites (“Terms of Use”).

If you do not agree to these Terms of Use, you do not have the right to access this Website or use this Website or its equipment in any way. For purposes of this agreement, the terms “Company,” “we,” “us,” and “our” refer to collegeoverview and all of its parent companies, subsidiaries and affiliates. The terms and “you” and “your” refers to you, as a user of this Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE RELATIONSHIP OF THE PARTIES.

Modification of the Terms of Use

Internet technology and the applicable laws, rules and regulations change frequently. Therefore, the parties agree that Company may modify these Terms of Use at any time by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms of Use are posted on the Website (“Effective Date”). Your use of the Website after the Effective Date, constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Terms of Use as modified. If you do not accept such modification(s), then do not use the Website.

Privacy and Protection of Personal Information

Our Privacy Policy is hereby incorporated by reference in its entirety and is available at http://careerchoicenetwork.com/privacy-policy.

Use Restricted to U.S. Residents

By entering this Website, you acknowledge and agree that Company operates this Website from its offices within the United States of America and that the Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. Company makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.

Personal and Non-Commercial Limited License

Company hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may print copies of the content on the Website, but only for your personal use. You may not share, barter, sell, or otherwise convey copies of the content to any third party. Except as stated above, all rights are reserved. Commercial use of any content on the Website is strictly prohibited. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces.

Do Not Call Registry Compliance

By submitting personal contact information to Company through this Website or any of its affiliated online properties, you hereby grant written permission to Company, its affiliates, its business partners and third party marketers to contact you by telephone, text, mail, and/or e-mail and therefore waive any right to file a claim in any type of civil action, or claim with the FTC or any other agency in reference to these calls or contacts.

Trademarks, Copyright and Proprietary Rights

The Career Choice Network mark and logo are trademarks of Company. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s name, logos, or trademarks without obtaining the written permission of Company or such other third party owner, as applicable.

All content on the Website, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, proprietary information, client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) and all copyrightable elements of the Website, and their selection and arrangement (excluding any User Content) (the “Site Content”) individually and/or collectively, are the proprietary property of Company and is protected by U.S. copyright law, international treaties and other intellectual property rights. Except as otherwise stated therein, Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of Company’s proprietary rights, provided however that you may download the information and print out hard copies for your own personal, noncommercial use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

You acknowledge that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Submissions

All information submitted to Company via the Website shall be deemed and remain the property of Company and Company shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information you provide to Company. Company shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by Company in its Privacy Policy or as otherwise specifically agreed in writing or required by law. Without limitation of the foregoing, you hereby assign to Company all now known or hereafter existing rights to any submission of every kind and nature, in perpetuity, and agree that Company shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submission. To the extent this assignment is ineffective, you hereby grant to Company a royalty-free, nonexclusive, world-wide perpetual, unrestricted license to publish, transmit, perform, display, distribute and otherwise use the submission for any purpose whatsoever.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Website in any manner which could damage, disable, interrupt, overburden, or impair the Website or Company’s network or servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” or any other automatic means of accessing, logging-in or registering on this website or obtaining or accessing other information from or through this website.

The following is a non-exhaustive list of examples of the types of illegal or harmful conduct that are prohibited:
Defamation. Posting or transmitting any content in violation of any applicable law of libel or defamation in the United States or elsewhere.

Infringement. Posting or transmitting any content that infringes on any third party intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use of the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Content. Posting or transmitting content that is obscene, pornographic, lewd, lascivious, harassing, threatening, violent, harmful, racists, sexist, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable (collectively "Offensive Content").

Harmful Content. Disseminating or positing harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), furnishing false data on any signup form, contract or online application / registration, or the fraudulent use of any information obtained through the use of the Website.

False Pretenses. Impersonating any person, or spoofing their identity or communicating under a false name or a name that you are not entitled or authorized to use in all forms of online communication.

Unauthorized Access. Using the Website to access or to attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

Collection of Personal Data. Using the Website to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication.

Interception. Unauthorized monitoring or interception of data or traffic on any network, server, or system.
Falsification of Origin or Routing Information. Using any Company domain name as a pseudonymous return email address for any electronic communications. Forging of any TCP-IP packet header, e-mail header or any part of a message header. Using any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating email address or other identifier.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Website.

Spam. Posting or transmitting unsolicited email or spam, soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements.

Material You Post, Store or Share

You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you upload, publish, or display on or through the Website, or transmit to or share with other users (“User Content”). By posting User Content to any part of the Website, you automatically grant Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing.

Right to Remove Content

You agree that Company has the right to remove any content, including User Content, from the Website at any time, with or without cause. Posting, storing and transmitting content on or through the Website is a privilege and not a right. Company also has the right to refuse, move, or block access to any material submitted on or through the Website, and to establish general practices and limits concerning use of the Website.

It is our policy not to tolerate any Offensive Content being posted on the Website, regardless of whether or not such material is constitutionally protected. If we believe someone has posted any content that may be considered Offensive Content, please notify us by email at privacy@careerchoicenetwork.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person. Your email must also include (1) the nature of the violation; (2) all facts which lead you to believe this policy has been violated; (3) the precise location of the where the Offensive Content is located; and (4) the identity of the person or persons who posted the Offensive Content (if known).

The decision of whether or not to remove content from the Website is within Company’s sole and complete discretion. Company has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Company be liable for removing or failing to remove any content.

Intended Audience

This Website is intended for adults age 18 and over. This Website is not intended for any children under the age of 13.
Website Availability

Company will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Company may, from time to time, result in temporary interruptions to the Website. In addition, Company reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.

Articles and Commentary

This Website may include articles and commentary containing information in the form of news, opinions and/or comments that, unless otherwise stated therein, should not be construed as specific advice or instruction from Company or official expressions of Company. Company does not warrant, either expressly or by implication, the factual accuracy of the articles and commentary posted, nor does it adopt any statement as its own, or warrant any articles or commentary offered by the author of the same.

Links to Affiliate Websites

This Website may contain links to websites controlled or offered by our partners and affiliates, which may contain terms and conditions that are different from these Terms of Use. You should read the terms and conditions and privacy policies on each such website, as your accessing such website constitutes your agreement to be bound by the terms and conditions and privacy policies contained in such website.

Third-Party Links

This Website may contain links to third-party websites that are not under the control of or maintained by Company, including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site. Company does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the Linked Sites, you do so at your own risk. In no event shall Company be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.

Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Company shall not be responsible or liable for any part of any such dealings or promotions.

Third-Party Content on the Website

This Website may contain content submitted by third-parties, including but not limited to User Content and advertisements. Any such content is provided solely as a convenience to you. Company has not tested or evaluated any such content and does not endorse or make any representations about third-party content or your use thereof. If you use any of the third-party content, you do so at your own risk. In no event shall Company be liable for any loss, claim, damages, or costs that may arise in connection with your use of third-party content.

Indemnification

You agree to indemnify, defend and hold harmless Company, it officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law or (b) your use of the Website.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS without any warranties of any kind. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or third party rights arising our of course of conduct or trade custom or usage. You understand and agree that the operation of the site may involve bugs, errors, problems, or other limitations. Company HAS no liability whatsoever for your use of the WEBSITE or use of any information or services accessed through the website. No advice or information, whether oral or written, obtained by you from COMPANY through the website shall create any warranty, representation, or guarantee of any kind.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

Choice of Law and Forum

These Terms of Use shall be controlled by the laws of the State of Utah, giving no effect to choice of law provisions.

Agreement to Arbitrate

Any dispute arising out of or relating to these Terms of Use, the Website or any relationship between the parties, no matter how described, pleaded or styled, shall be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, conducted under the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association, conducted at Salt Lake City, Utah. The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by Company. Each party shall pay for its own attorneys’ fees and costs. Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action.

BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Use refer from us electronically, including without limitation by e-mail or other electronic communication technology that may hereafter be developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by e-mailing us at notices@careerchoicenetwork.com and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms of Use, including, without limitation, the licenses to use the Website set forth above, shall automatically terminate.

Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.

Termination/Access Restriction

These Terms of Use shall remain in full force and effect while you use the Website. Company may restrict, suspend, or terminate your access to all or any part of our Website at any time and for any reason. Company also has the right to refuse, move, or remove any material that you submit on or through the Website, and to establish general practices and limits concerning use of the Website. Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including but not limited to, technology barriers, IP mapping, and direct contact with your Internet service provider.

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Company to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Severability

If any provision of these Terms of Use shall be adjudged by any arbitrator or court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Contact

Any questions about these Terms of Use should be directed to collegeoverview at terms@careerchoicenetwork.com.