Welcome to The Career Platform website (the “Site”) operated by Purposely, Inc. (“The Career Platform”).
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE ADDITIONAL RULES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
- Eligibility; Registration Information and Password; Site Access.
1.1 THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY THE CAREER PLATFORM. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
1.2 You agree that the information you provide to The Career Platform on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times (including by updating this information when we request). When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. We reserve the right to force forfeiture of any username for any reason.
1.3 Subject to your compliance with these Terms, The Career Platform grants you permission to use the Site as set forth in these Terms, and consistent with the intended features of the Site.
- User Submissions.
2.1 General. The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text and images, and any other content submitted by you or other users through the Site (“User Submissions”). You must be a registered user of the Site to submit content to the Site. User Submissions are displayed for educational and informational purposes only and are not controlled by The Career Platform. The Career Platform cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not The Career Platform, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
2.2 Inaccurate User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that The Career Platform does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, objectionable, or offensive. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE CAREER PLATFORM WITH RESPECT THERETO.
2.3 Right to Remove or Edit User Submissions. The Career Platform makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, The Career Platform complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
2.4 License Grant by You to The Career Platform. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to The Career Platform, you hereby grant The Career Platform and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “The Career Platform Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and The Career Platform’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
2.5 User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize The Career Platform to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by The Career Platform and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, The Career Platform’s or any The Career Platform Licensee’s use of such User Submissions pursuant to these Terms, and The Career Platform’s or any of The Career Platform Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
2.6 Feedback. If you provide The Career Platform with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), The Career Platform shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant The Career Platform a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- Prohibited Conduct – BY USING THE SITE YOU PROMISE NOT TO:
4.1 Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
4.2 Harass, threaten, or defraud other Site users;
4.3 Upload or send to other Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
4.4 Make unsolicited offers, advertisements, proposals, or send junk mail to other users;
4.5 Impersonate another person or access another user’s account without that person’s permission;
4.6 Share The Career Platform-issued passwords with any third party or encourage any other user to do so;
4.7 Misrepresent the source, identity, or content of information transmitted via the Site;
4.8 Use the Site for any illegal purpose or in any illegal manner; or
4.9 Upload material (e.g. virus) that is damaging to computer systems or data of The Career Platform or other users of the Site.
- Additional Rules. When using the Site, you will be subject to any additional posted rules or guidelines applicable to specific products, services, or features, which may be posted from time to time (the “Additional Rules”). All such Additional Rules are hereby incorporated by reference into the Terms.
- Modification of the Terms.
6.1 The Career Platform reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Additional Rules periodically for changes. Such modified Terms will become effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified Terms on the Site. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.
6.2 Certain products and services on the Site may have fees associated with them. Please see the terms associated with such products or services for more information.
- Prohibited Uses.
7.1 Access to the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
7.2 As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
7.3 The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- 8. Service Availability.
8.1 We may change, suspend or end any of our services, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
8.2 The Career Platform is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
- Termination of User Accounts and Access.
9.1 By The Career Platform. You agree that The Career Platform, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with The Career Platform or use of the Site and remove and discard all or any part of your account or any content uploaded by you, at any time. The Career Platform may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that The Career Platform will not be liable to you or any third party for any such termination. The Career Platform does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Career Platform may have at law or in equity.
9.2 By you. You may terminate your account, this Agreement and your right to use the Site at any time and for any reason or no reason, by contacting The Career Platform user support at firstname.lastname@example.org.
- Ownership; Proprietary Rights. The Site is owned and operated by The Career Platform. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by The Career Platform (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of The Career Platform or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The Career Platform or its affiliates and/or third-party licensors. Except as expressly authorized by The Career Platform, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- Third-Party Sites, Products and Services; Links.
11.1 The Site may include links to third party web sites or services (“Linked Sites”) solely as a convenience to users. The Career Platform does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, The Career Platform makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
11.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT THE CAREER PLATFORM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
- Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to The Career Platform, to email@example.com, and, with respect to you, to the email address you provide to The Career Platform during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
- User Disagreements. You alone are responsible for your involvement with other users. The Career Platform reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release The Career Platform (and The Career Platform’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Disclaimers; No Warranties.
14.1 THE SITE, CONTENT, AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CAREER PLATFORM, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
14.2 THE CAREER PLATFORM, ITS SUPPLIERS AND PARTNERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE, CONTENT, AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE: (A) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, (B) THAT THE SITE, CONTENT, AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THE SITE, CONTENT, AND SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.3 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification; Hold Harmless. You agree to indemnify and hold The Career Platform, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. The Career Platform reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- Limitation of Liability and Damages.
16.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CAREER PLATFORM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH THE CAREER PLATFORM, EVEN IF THE CAREER PLATFORM OR A THE CAREER PLATFORM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE CAREER PLATFORM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.2 IN NO EVENT WILL THE CAREER PLATFORM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) IN EXCESS OF $100.
- Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Career Platform to locate the material;
(iv) Information reasonably sufficient to permit The Career Platform to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Career Platform’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
1475 N Scottsdale Rd, Ste 355-B
Scottsdale, AZ 85257
or by email at firstname.lastname@example.org
For clarity, only DMCA notices should go to The Career Platform’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to The Career Platform customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
- DISPUTE RESOLUTION
18.1 General. Generally, if a dispute arises between The Career Platform and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and The Career Platform agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
18.2 Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against The Career Platform must be resolved by a court located in Maricopa County, Arizona, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.
18.3 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the parties agree to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. They shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
19.1 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
19.2 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
19.3 Assignment. The Terms and related Additional Rules, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by The Career Platform without restriction.
19.4 Survival. Sections 2, 4, 5, 6, 7, and 9 through 18 will survive any termination of these Terms.
19.5 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19.6 Entire Agreement. This is the entire agreement between you and The Career Platform relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Additional Rules made by The Career Platform as set forth in Section 6 above.
19.7 Claims. YOU AND THE CAREER PLATFORM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.8 Disclosures. The services hereunder are offered by The Career Platform, Inc., located at: 4455 E Camelback Road, Suite D-280, Phoenix, AZ 85018 and email: firstname.lastname@example.org.