Terms of Use
Please read the following carefully as it governs your use of the Web pages hosted by CareerFitter, LLC and/or its various affiliates and partners that are owned or managed by CareerFitter, LLC (collectively referred to the "Site"). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use CareerFitter.com.
1. SCOPE OF AGREEMENT.
These Terms of Use apply to any User who accesses the Site. A "User" is an end user who registers on our Site to take any of our tests, receive any of our reports. A User also includes anyone who uses any of our products or tools without registering on our Site. These Terms of Use apply to all content and services made available through the Site, including those not available as of the "Update Effective" date below.
2. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of our Site, you represent that you are not a person barred from receiving services under the laws of the applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. You acknowledge that you have no ownership rights in your account.
3. USE OF SITE CONTENT AND MATERIALS.
CareerFitter, LLC grants you a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes; (c) to share your results with friends, relatives and trusted advisors for the purpose of assisting you with your career planning or educating them about the availability of CareerFitter, LLC; (d) to print out discrete information from the Site solely for personal, non-commercial purposes so long as you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your license for access and use of the Site and any information, materials or documents therein (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from without CareerFitter, LLC's express written permission; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
4. SITE RULES.
In order to provide a welcoming and productive community on our Site and to improve the safety and security of our Site, we require that you adhere to the following rules:
(a) Do not give your user name or password to others. You are responsible for maintaining the confidentiality of your user name and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify CareerFitter, LLC immediately of any unauthorized use of your registration and password.
(b) Do not respond to postings by other CareerFitter, LLC users in any manner or for any purpose other than that which is expected.
(c) Do not present CareerFitter, LLC Content or Materials (or permit Content and Materials to be presented) so that it appears to be available from a third party Web site.
(d) Do not delete or revise any material posted by any other person or entity.
(e) Do not violate or attempt to violate the security of the Site.
(f) Do not access data not intended for your use.
(g) Do not log into a server or account which you are not authorized to use.
(h) Do not use the Site to advertise or offer to sell or buy any goods or services.
(i) Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party's intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
(j) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
(k) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing".
(l) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
(m) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to CareerFitter, LLC Users.
(n) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(o) Report inappropriate postings or conduct to CareerFitter, LLC.
Your violation of any of these Rules may result in civil or criminal liability. CareerFitter, LLC may investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If CareerFitter, LLC determines you misled CareerFitter, LLC or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement. CareerFitter, LLC is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.
5. UPLOADING LOGO.
In connection with certain services available on the Site, such as affiliates uploading a logo, you may elect to upload to the Site. Your submission of information to the Site, including the uploading of an image logo is also governed by CareerFitter, LLC's Privacy Policy, the terms of which are fully incorporated by reference herein. You agree that you are solely responsible for the content of any image you post to the Site and any consequences arising from such posting. In order to maintain the integrity of our Site and promote a positive experience for all users, you must adhere to the following rules:
(a) Your image may not contain: (i) confidential or private information belonging to others including material non-public information about a company; (ii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iii) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (iv) (v) anything that is embarrassing or offensive to another person or entity; (v) anything that would give rise to criminal or civil liability, (vi) anything that encourages conduct that constitutes a criminal offense; (vii) anything that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; (viii) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may, or is intended, to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or (ix) any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
(b) You may not use your Image to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business; (iv) post chain letters or pyramid schemes; (v) post opinions or notices, commercial or otherwise; or (vi) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
(d) CareerFitter, LLC IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH OUR SITE.
CareerFitter, LLC has no obligation to review Documents posted on the Site, but it may elect to do so. Images or Documents found to violate these Terms of Use may be removed at CareerFitter, LLC's discretion and may result in CareerFitter, LLC's terminating your use of the Site or our services.
6. PAYMENT.
Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to CareerFitter, LLC's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred.
In event that there is a billing discrepancy, you must notify CareerFitter, LLC's customer service within 30 days after the charge first appears on your credit card or bank or other account statement. If you do not notify CareerFitter, LLC within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
In the event we cannot charge your account, we reserve the right to terminate your access to our fee-based products.
7. REFUND AND EXCHANGE POLICY.
CareerFitter, LLC has a full refund policy for anyone who purchases our Complete CareerFitter Test Report and is not satisfied. Request a refund by forwarding your purchase confirmation email to 2020@CareerFitter.com. If you do not notify CareerFitter, LLC within 12 hours, you agree that you waive your right for a refund.
If you are refunded we will deactivate your user account and bar any further access.
8. Access Code If you use an access code given to you, you agree to allow the company or individual who purchased the access code view your name, username, and view the full results of your test. If you do not complete your test after you create a login using an access code, you agree to allow the individual or company who purchased the access code to delete your ability to login so they can reuse the access code.
9. Access via Affiliate Sites If you purchase the full report via an affiliate link, you agree to allow the company or individual who is associated with that affiliate to view your name, username, and view the full results of your test.
10. Privacy You agree to allow CareerFitter, LLC and it's employees and/or contractors view any of your information stored in the databases associated with CareerFitter, LLC. Including but not limited to: Name, User Name, Emails, Address, Test Results. CareerFitter, LLC does NOT store credit card information. CareerFitter.com encrypts users passwords.
11. THIRD PARTIES.
Various third parties offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, CareerFitter, LLC is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that CareerFitter, LLC shall 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 third parties' ads on the Site and CareerFitter, LLC expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof.
12. REPRESENTATIONS AND WARRANTIES.
No Representations or Warranties by CareerFitter, LLC. CareerFitter, LLC makes no representations or warranties with respect to these pages, their Content and Materials (including without limitation material communicated by third parties) or communications from Customer Service representatives, all of which are provided on an "as is" and "as available" basis. CareerFitter, LLC disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. CareerFitter, LLC makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, CareerFitter, LLC is not responsible for those costs. CareerFitter, LLC also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, reliable or truthful. CareerFitter, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience, recruiting, hiring or otherwise. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk. CareerFitter, LLC acts as, among other things, a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User posted material or information, although it reserves the right to do so.
No Guaranty of Results. CareerFitter, LLC makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting objectives of Users. CareerFitter, LLC does not guarantee that using the Site or materials posted will result in employment and is not responsible for any employment decisions, for whatever reason made, made by any User or third party.
13. LIABILITY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAREERFITTER, LLC AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAREERFITTER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
CAREERFITTER, LLC RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT CAREERFITTER, LLC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE.
BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, CAREERFITTER, LLC CANNOT AND DOES NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE CAREERFITTER, LLC (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "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."
14. PROPRIETARY RIGHTS.
The online test provided by CareerFitter.com was developed by a research group. CareerFitter.com has the exclusive rights to the online Career Test at CareerFitter.com.
The Site and all right, title and interest in and to the Site is the sole property of CareerFitter, LLC and/or its Affiliates (including parent company) or its licensors, and is protected by U.S. copyright and international treaties. CareerFitter, LLC reserves for itself and its licensors all other right, title and interest. "CareerFitter, LLC" and the CareerFitter, LLC design logo are registered service or trademarks and certain other names or logos, such as TextTuner, for example, are service marks or trademarks of CareerFitter, LLC. All related products and service names, design marks and slogans are also the service marks or trademarks of CareerFitter, LLC. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by CareerFitter, LLC's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content, including any tests and/or reports, contained in advertisements or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by CareerFitter, LLC or its advertisers (as applicable), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Claims of Copyright Infringement. If you have a good faith belief that materials available on the Site infringe your copyright, send CareerFitter, LLC a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send CareerFitter, LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (see http://www.copyright.gov/ for details). See below "Information or Complaints" for where to send notices or counter-notices.
15. FITNESS FOR USE.
CareerFitter, LLC makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.
16. BINDING ARBITRATION.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first contact CareerFitter, LLC by email at 2020@CareerFitter.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if CareerFitter, LLC is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with CareerFitter, LLC, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Asheville, North Carolina. The arbitrator's decision shall be based upon the substantive laws of the State of North Carolina without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, CareerFitter, LLC may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of North Carolina and waive any jurisdictional, venue or inconvenient forum objections to such courts.
17. GENERAL TERMS.
Entire Agreement. These Terms of Use constitute the entire agreement between you and CareerFitter, LLC and govern your use of the Site, superseding any prior agreements between you and CareerFitter, LLC with respect to the Site. You also may be subject to additional terms and conditions, e.g., our Privacy Policy, as set forth on our Site or when you use or purchase certain other CareerFitter, LLC services, affiliate services or third-party content or third-party services.
Indemnity. You agree to defend, indemnify, and hold harmless CareerFitter, LLC (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, documents posted by you on the Site or distributed by you through the Site or your breach of this Agreement. CareerFitter, LLC shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Waiver and Severability of Terms. The failure of CareerFitter, LLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Amendment. CareerFitter, LLC reserves the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.
Term and Termination. This Agreement is effective until terminated. CareerFitter, LLC, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. CareerFitter, LLC shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination. Sections 6-14 shall survive such termination.
Filtering. Please note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help you to limit access to material that is harmful to minors.
Information or Complaints. If you have a question or complaint regarding the Site, you can email us at 2020@CareerFitter.com or write us at:
Notice. For purposes of service messages and notices about the services to you, notice shall consist of an email from CareerFitter, LLC to the email address associated with your account, regardless of any other information we may have. CareerFitter, LLC also may, at its option, communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with CareerFitter, LLC. CareerFitter, LLC shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our services.
Customer Service. As part of the services CareerFitter, LLC offers, we may make live customer service agents available to our Users to discuss transactional or other issues telephonically or through electronic or written communications. Customer Service Representatives are not permitted and do not have authority to bind the company or to contravene these Terms of Use. In addition, CareerFitter, LLC expressly disclaims any liability for information provided by its customer service representatives to the extent the information is beyond or inconsistent with information set forth herein.
Section Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Privacy Information. CareerFitter, LLC recognizes the importance of protecting the information that we collect from customers during the process of using the CareerFitter, LLC site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these Terms of Use. If you have questions about any of the provisions described above, please contact us at 2020@CareerFitter.com.
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