These Terms and Conditions (these “Terms”) govern your access to and use of the services provided on CareerPath’s websites (the “Services” and “Websites”, respectively), and any information, text, graphics, or other materials uploaded, downloaded or appearing on or in connection with the Services or Websites (collectively referred to as “Content”). Your access to and use of the Services and Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services or Websites you agree to be bound by these Terms.
You acknowledge that you are thirteen (13) years of age or older. You are responsible for your use of the Services and Websites, for any content you post to the Websites, and for any consequences as a result. You may use the Services and Websites only if you can form a binding contract with CareerPath Mobile and are not a person barred from receiving services under the laws of the State of Connecticut or other applicable jurisdiction. You may use the Services and Websites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that CareerPath Mobile provides are always evolving and the form and nature of the Services that CareerPath Mobile provides may change from time to time without prior notice to you. In addition, CareerPath Mobile may stop (permanently or temporarily) providing the Services or Websites (or any features within the Websites) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you. The Services or Websites may include advertisements, which may be targeted to the Content or information on the Websites, queries made through the Websites, or other information. The types and extent of advertising by CareerPath Mobile on the Websites are subject to change at any time. In consideration for CareerPath Mobile granting you access to and use of the Services and the Websites, you agree that CareerPath Mobile and its third party providers and partners may place such advertising on the Websites or in connection with the display of Content or information from the Services or Websites whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and Websites and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. CareerPath Mobile cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services or Websites and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or Websites, or obtained by you through the Services or Websites, is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or Websites, or endorse any opinions expressed via the Services or Websites. You understand that by using the Services and Websites, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CareerPath Mobile be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services, the Websites, or broadcast elsewhere.
CareerPath Mobile’s Rights
All right, title, and interest in and to the Services and Websites (excluding Content provided by users)including, without limitation, the “look and feel” of the Websites, are and will remain the exclusive property of CareerPath Mobile and its licensors. The Services and Websites are protected by copyright, trademark, and other laws of both the State of Connecticut, the United States and foreign countries. Nothing in the Terms gives you a right to use or other license to the CareerPath Mobile name or any of the CareerPath Mobile trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CareerPath Mobile, or the Services or Websites is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on or in connection with the Services or Websites, and to terminate, ban or block users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CareerPath Mobile, its users and the public. You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services or Websites, CareerPath Mobile’s computer systems, or the technical delivery systems of CareerPath Mobile’s providers; (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services or Websites by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CareerPath Mobile (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CareerPath Mobile (NOTE: crawling the Services or Websites is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of CareerPath Mobile is expressly prohibited); (d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services or Websites to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services or Websites, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services or Websites.
The Services are Available “AS-IS”
Your access to and use of the Services and Websites or any Content is at your own risk. You understand and agree that the Services and Content is provided to you on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis. Without limiting the foregoing, CareerPath Mobile and its licensors DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services, the Websites or any Content. CareerPath Mobile will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Websites, or any Content. You also agree that CareerPath Mobile has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services or Websites. We make no warranty that the Services or Websites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CareerPath Mobile or through the Services or Websites, will create any warranty whatsoever.
The Services or Websites may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CareerPath Mobile of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CareerPath Mobile AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR WEBSITES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES OR WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES OR WEBSITES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CareerPath Mobile HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of CareerPath Mobile to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction.
These Terms and any action in connection with them will be governed by the laws of the State of Connecticut without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services or Websites will be brought solely in Litchfield County, Connecticut, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Connecticut (excluding choice of law).