Terms and Conditions of Use
Last updated: April 11, 2009
You hereby acknowledge and agree as follows:
Total Career Success, Inc. (TCS), its licensors and partners reserve the right to make changes or modifications to the TCS Website and this Agreement. Display of notice of changes online where you access the TCS Website shall constitute effective notice under this Agreement on the day TCS places the changes on its website. Your continued use of the TCS Website thereafter shall constitute your acceptance of such changes or modifications.
- License Grant.
TCS grants you a limited, nonexclusive, personal, nonassignable and nontransferable license to access and use the TCS Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in the Agreement.
The TCS Website. The "TCS Website" includes, as applicable and without limitation:
- TCS' on-line computer system including all electronic databases and services accessed by or through TCS' on-line computer system, including the Community as defined below, and individual items within those databases or services which may constitute independent works of authorship;
- All documentation, including user manuals, operations manuals and the like provided to you by or for TCS, for use in connection with the on-line system; and
- Any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by TCS or obtained through TCS' on-line computer system (collectively referred to herein as "information").
- Ownership, Use and Intellectual Property Rights.
The TCS Website is the valuable, exclusive property of TCS or its partners, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use the TCS Website, as long as you comply with the terms of this Agreement or until TCS terminates this Agreement or your access rights. Ownership of the TCS Website, and any documentation or information, shall remain at all times with TCS or its licensors and partners. The TCS Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in the TCS Website belong to TCS or its licensors and partners.
If TCS provides you with access identification, you may not allow concurrent use of the TCS Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the TCS Website. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the TCS Website. You may store in the memory of your computer and may print and/or display for your use only, the information received or accessed through the TCS Website pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of TCS, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the TCS Website, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All rights not granted to you herein are expressly reserved by TCS or its licensors and partners. TCS and its licensors and partners reserve all rights to enforce their copyright and intellectual property rights.
- This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless
terminated or canceled for any of the following reasons:
- Immediately by TCS for any unauthorized access or use by you, including, without limitation: concurrent access of the TCS Website by multiple users utilizing identical user identification numbers; permitting another person or entity to use your user identification number to access the TCS Website; or any other access or use of the TCS Website except as expressly provided in this Agreement;
- Immediately by TCS if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
- Immediately by TCS if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, the TCS Website;
- Immediately by TCS if you transmit or receive using the TCS Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity. TCS, in its sole discretion, shall determine whether any information transmitted or received violates this provision;
- Immediately upon discontinuance of the TCS Website by TCS; or
- Immediately by TCS if you violate any of the other terms and conditions of this Agreement.
- Termination or cancellation of this Agreement shall not affect any other right or relief to which TCS may be entitled,
whether at law or in equity. Regardless of the reason for cancellation or termination of this Agreement:
- All rights granted to you will terminate and revert to TCS;
- As requested by TCS, you agree to erase and destroy any copies of the TCS Website you have made; and
- You agree to certify to TCS your compliance with these requirements in writing upon TCS' request.
- This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
You acknowledge that TCS reserves the right to, and that TCS may from time to time choose to, monitor any and all information transmitted or received through the TCS Website. TCS, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which TCS deems inappropriate (such as that specified in subparagraph (4) of the Termination paragraph above,) or that TCS determines violates any term or condition of this Agreement.
- TCS Community.
The TCS Community (the "Community") helps you get insight, exchange ideas and connect online with other individuals who use Job Search: The Total System. We believe the Community is a valuable place for TCS students to exchange information and learn from one another. We want the Community to be a friendly, informative and safe place for all of our users.
The Community is for users who are at least 18 years of age. The Community is an English language online community geared toward users of TCS products primarily in the United States. The Community is governed by U.S. law. Although persons in other countries are welcome to participate, the advice and discussion are intended for use by persons in the United States.
Registration. You are required to register to access the Community site and read the message boards. Registration (by providing a valid email address, screen name and password) is required if you want to post material on the Community site. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. If you become aware of any unauthorized use of your password or of your account, you agree to notify TCS immediately at firstname.lastname@example.org.
You agree that all information provided in your profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
Community Content. The information shared by Community members is for informational purposes ONLY. The results described in Community member testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results. NEITHER TCS NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.
Links to Third Party Sites. Users may post links on this Site to other websites which are not under the control of TCS. TCS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Any such link on the Site does not imply TCS' endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
Restrictions on Content. All Community members shall be responsible for conducting their Community-related activities in compliance with all applicable laws, rules and regulations. In addition, Community members are expected to act with a professional demeanor. Do not make postings that:
- Contain profanity;
- Contain racist, sexist or homophobic comments;
- Harass or stalk any person;
- Contain defamatory statements or personal attacks on others;
- Disrupt other user's enjoyment of the Community;
- Are made under another person's name or impersonate anyone ;
- Breach any intellectual property rights law or discuss how to commit illegal acts;
- Contain commercial advertising or promotions or junk mail of any kind;
- May be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
- Contain viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software of hardware;
- Interfere with the operation of the Community, such as broadcast attacks, attempt to overload the system;
- Attack TCS or other users of the Community;
- Encourage illegal activity of any kind.
Communicating with TCS
This Community is not an appropriate environment to express concerns about TCS Online, its partners or services. Constructive feedback regarding TCS services can be submitted to email@example.com. Feedback regarding the website, its use or application can be submitted to firstname.lastname@example.org. Postings on the Community message board do not constitute notice to TCS for any purpose. No one in the Community is authorized to provide official responses to questions on behalf of TCS.
Uses not Permitted
The Community may not be used to discuss competitive offerings, or to allow competitors of TCS or its affiliates to solicit for their businesses. The focus of the Community is to allow members of the Community to share insights, exchange ideas and connect online with other individuals who use Job Search: The Total System. Members may not use the Community to collect personal information of other members or to solicit other members for business. Members may not use the Community to promote their business ventures or to promote the businesses of any third party.
Intellectual Property Rights
Members may not post copyrighted material or trademarks belonging to other parties to the Community without their written permission.
If you own intellectual property and believe it is being infringed through a posting, please let us know immediately by filing a complaint as set forth in paragraph 8 below. The copyright in your postings is yours (most generally). We at TCS sometimes use postings in our publications, including without limitation, advertising, websites, newsletters and the like. By posting on the Community site, you are giving TCS a nonexclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, republish, edit, adapt or otherwise use your postings as we see fit, including the right to sublicense or transfer to others in our discretion. You also give us a license to deal with the postings as necessary to perform technical and administrative functions in running the Community.
You also may have moral rights, so you consent to your postings being altered, edited or adapted so we can use them under our license in any way we deem appropriate. You consent to us not attributing authorship to you at all, or only attributing it to your registered name. We generally attribute authorship, but that is not always possible or feasible and we decide this on a case-by-case basis. If we do use your material, we may attribute such material to your registered name, or contact you to request that your real name be used. We will not publish your real name without your permission. If you do not want to give us a license to use your postings and do not want your postings used in this way, do not post on the Community site. Once you have made a posting, you cannot withdraw or retract the license and consents.
You may not use TCS' or its affiliates' intellectual property in any way or for any purpose at anytime without our permission. If you think a posting is violating these terms or infringing anyone's legal rights, please notify TCS immediately. TCS will investigate your complaint and take action, if TCS believes that action is necessary and appropriate. Such action may include removing the posting or banning the relevant user.
To make a formal complaint regarding the Community, send a signed written letter of complaint to:
TCS Online Community Complaints
Total Career Success, Inc.
2850 Horizon Ridge Parkway
Henderson, NV 89052
Your letter of complaint must:
- identify the posting in issue and include a copy of the posting and the location of the posting or if not about a posting; and
- describe with reasonable detail the offending behavior;
- identify the intellectual property right or other law, rule or regulation which is being infringed or violated; and
- provide information sufficient to permit TCS to contact you (e.g., email address, postal address and fax number).
To the extent your complaint involves intellectual property rights, please note that TCS honors the intellectual property rights of others and asks same of users of the Community. TCS may, in its sole discretion, terminate the account or access right of users whose actions infringe or otherwise violate the intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to TCS' Designated Agent. If you believe that your work has been infringed, please provide TCS' Designated Agent with the following information:
- A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or could 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 TCS to identify the material;
- A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TCS' Designated Agent may be contacted at the address provided above.
TCS does not prescreen, verify or edit the content posted by users in the Community. However, TCS and its agents reserve the right to investigate any violation of the terms of this Agreement and to take such remedial action as it deems appropriate. TCS has the sole discretion to enforce the terms of the this Agreement, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with this Agreement. If TCS decides it is necessary to remove any content, TCS may remove the entire thread and any accompanying material.
- Delays in Services; Force Majeure.
Any delays in or failure of performance by TCS or any of its licensors and partners, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond TCS' control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. TCS shall have no responsibility to provide you access to the TCS Website while interruption of the TCS Website due to any such or similar cause shall continue.
- Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to access the TCS Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay TCS for your use of the TCS Website, and be billed in accordance with your access to the TCS Website. You are responsible for operating your own equipment. TCS reserves the right to refuse assistance or to charge additional fees if you seek assistance from TCS with respect to such basic background information or any other matters not directly relating to the operation of the TCS Website. Neither TCS nor its licensors and partners shall have any responsibility to provide you with alternate access to the TCS Website if your access is interrupted due to a breakdown or failure of your equipment.
- Warranty Disclaimer.
You acknowledge that the information provided through the TCS Website is compiled from sources, which are beyond the control of TCS. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, you acknowledge that inaccuracies may occur and TCS and its licensors and partners do not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by TCS and its licensors and partners for your personal information only. Neither TCS nor its licensors and partners shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. TCS makes reasonable efforts to obtain reliable content from third parties, but TCS does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The TCS Website may point to other Internet sites that may be of interest to you, however, TCS does not endorse or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE TCS WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. TCS AND ITS LICENSORS AND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, TCS AND ITS LICENSORS AND PARTNERS DO NOT REPRESENT OR WARRANT:
- THAT THE TCS WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
- THAT THE ACCESS OR USE OF THE TCS WEBSITE WILL BE ERROR-FREE OR
- THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE TCS WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
- Limitation of Liability; Disclaimer of Consequential Damages.
NEITHER TCS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE TCS WEBSITE OR ITS CONTENT. YOU ALSO AGREE THAT TCS AND ITS AFFILIATES (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TCS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF TCS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF TCS OR ITS AFFILIATES BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF TCS OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $25.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT TCS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE TCS WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD TCS HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TCS, ITS AFFILIATES AND ITS LICENSORS AND PARTNERS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE TCS WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE TCS WEBSITE.
- Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the TCS Website and access software or information about the TCS Website and access software that may be imposed from time to time by the government of the United States of America. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the TCS Website and access software.
- No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the TCS Website, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of TCS.
- Attorney's Fees.
If TCS takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, TCS shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of any litigation.
- Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Nevada, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the TCS Website contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Las Vegas, Nevada, and you agree to submit to the exclusive personal jurisdiction of such courts.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
- Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.