CareerSafe Terms of Use

Last Updated: 26 October 2020

These Terms of Use (“Terms”) apply to your access to and use of the websites and other online products and services, including the CareerSafe Campus (collectively, the “Services”) provided by CareerSafe, LLC (“CareerSafe” or “we”). By clicking [“I Accept”] or by using our Services, you agree to these Terms, including the class action waiver in Section 13.If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us at support@careersafeonline.com.

STATEMENT OF CERTIFICATION:
I certify that I am the student taking this online outreach training class and/or implementing this training for others within my organization as identified by my submitted name, email address, and mailing address, and if I am purchasing the Services on behalf of an organization, I certify that I have selected the appropriate pricing for my organization. I understand that I will be subject to immediate dismissal from the course if I provide false information associated with my identity or commit fraud by allowing another person to use my identity to complete any portion of the training class on my behalf. I further understand that providing false information herein may subject me to civil and criminal penalties under Federal law, including 18 U.S.C. 1001 and section 17(g) of the Occupational Safety and Health Act, 29 U.S.C.666(g), which provides criminal penalties for making false statements or representations in any document filed pursuant to that Act, and that any act of providing false information of my identity or committing fraud will be reported to the appropriate Federal authorities. By accepting the CareerSafe Terms of Use, I hereby attest that all information provided in this submission is true and accurate.

1. PRIVACY
For information about how we collect, use, share and otherwise process information about you, including personal information that constitutes information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Services, please see our Privacy Policy.

If you have any questions regarding the privacy and use of your information, please contact us at support@careersafeonline.com, or your educational institution.

2. USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, including keeping your account information and password confidential, and promptly notify us if you discover or suspect that someone has accessed your account. You may not permit others to use your account credentials. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. PROHIBITED CONDUCT AND CONTENT
(a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services without prior written consent from an authorized CareerSafe representative;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file, if any; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 3 is solely at CareerSafe’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party.

4. OWNERSHIP; LIMITED LICENSE
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by CareerSafe or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

5. TRADEMARKS
CareerSafe and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of CareerSafe and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

6. FEEDBACK
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about CareerSafe or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in CareerSafe’s sole discretion. You understand that CareerSafe may treat Feedback as nonconfidential.

7. THIRD-PARTY CONTENT
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. CareerSafe does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

8. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless CareerSafe and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “CareerSafe Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the CareerSafe Parties of any third-party Claims, cooperate with the CareerSafe Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the CareerSafe Parties will have control of the defense or settlement, at CareerSafe’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CareerSafe or the other CareerSafe Parties.

9. DISCLAIMERS
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, CareerSafe does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While CareerSafe attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, CareerSafe and the other CareerSafe Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if CareerSafe or the other CareerSafe Parties have been advised of the possibility of such damages.
The total liability of CareerSafe and the other CareerSafe Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of [$5] or the amount paid by you to use our Services.
The limitations set forth in this Section 10 will not limit or exclude liability for personal injury, death or property damage caused by the Services or products purchased through the Services or for the gross negligence, fraud or intentional misconduct of CareerSafe or the other CareerSafe Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. RELEASE
To the fullest extent permitted by applicable law, you release CareerSafe and the other CareerSafe Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. TRANSFER AND PROCESSING DATA
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

13. NO REPRESENTATIVE ACTIONS
You and CareerSafe agree that any dispute arising out of or related to these Terms or our Services is personal to you and CareerSafe and that any dispute will be resolved solely through individual action, and will not be brought as a class action or any other type of representative proceeding.

14. GOVERNING LAW AND VENUE
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts located in Bryan, Texas.

15. MODIFYING AND TERMINATING OUR SERVICES
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

16. ADDITIONAL TERMS AND AMENDMENTS

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

17. SERVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18. MISCELLANEOUS
The failure of CareerSafe to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.