TERMS AND CONDITIONS OF USE
Effective Date: May 28, 2019
The Website is made available by On Career Success Inc. (“we” or “us” or “our”). We reserve the right, at our sole discretion, to change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Website. BY CREATING AN ACCOUNT OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you should not access or use the Website.
“Website” means the website and including all webpages, subdomains, and any successor or affiliated websites.
“Company” means On Career Success Inc., a California Corporation.
“Materials” means all photographs, graphics, images, illustrations, webinars, presentations, videos, sounds clips, music, audio, animations, software, information, articles, forms, any and all texts, and other materials appearing on the Website including, without limitations, information about career management and development resources, professional development resources, financial resources, estate planning and tax information resources, advice, on the Website
“User” means any person who has rented/subscribed/purchased a webinar product, booked coaching services, or signed up to receive newsletters or use any features of the Website.
“Digital Product” means a digital product available as a live event, for rental, subscription, or purchase from the Website to stream for educational learning for defined periods, or any digital content offered from the website.
“Coaching Services” means certain products and services in personalized coaching that require payment. The coaches are contributors and affiliates with the Company.
“You” means any person visiting or browsing the Website, including but not limited to Users.
OnCareerSuccess.com is an internet-based education company that provides subscription-as-a-service knowledge and learning on job search essentials, career management, professional development and financial knowledge through Digital Products such as webinars (recorded and live), and focused personalized coaching or workshops to individuals, institutions, and enterprises worldwide.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, data or materials you may access on or through the Website.
All Materials are protected by copyright and other forms of intellectual property, and are owned or controlled by the Company, its affiliates, or the parties credited in the copyright and trademark notices within the Materials. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices. All information provided through the Website is and shall remain the sole and exclusive property of the Company, its affiliates or the parties credited in the copyright and trade mark notices within the Materials.
By your registration of a live webinar event, rental, subscription, or purchase of a Digital Product, you may access and view the content on the Website on your computer or other device during the specific defined time period of use established for your rental, subscription or purchase of a specific digital video learning product. During the specific defined period of use, the Company grants you a revocable, limited, non-exclusive, and non-transferrable license to access and view the Digital Product. You are prohibited from making copies of the Digital Products. The use of the Digital Product(s) offered on or through the Website are only for your personal, non-commercial use. No use of the Website, Materials or Digital Products is permitted beyond what is permitted in accordance with these Terms and Conditions.
Unless otherwise specifically indicated in these Terms and Conditions or on the Website, any commercial or promotional distribution, publishing or exploitation of the Website, or any content, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Changes to Our Website
All Materials are subject to change without notice. The Company may from time to time in its sole discretion vary Digital Products. The Company may also change, suspend or close the Website, or any part or feature of the Website, or restrict access to parts or the whole of the Website, without notice or liability.
Paid Coaching Services
We reserve the right to charge or change the price for and services included in Paid Coaching Services at any time. If you purchase any of our Paid Coaching Services, you agree to pay us any applicable fees and taxes if required. You also agree to any additional terms that we may notify you as applicable to the Paid Services. You hereby authorize the collection of payments for such services either directly by the Company or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Coaching Services. Please note we do not retain credit card information. If you are directed to a third-party payment processor for a specific Paid Coaching Service product offered by a coach affiliated with our Company, you may be subject to terms and conditions applicable to use of that third-party service and that third-party’s personal information collection practices. In addition, the third-party payment processor, not related to the Company, may offer you to option to store and continue billing your payment method to charge you for other Paid Services you may buy. The Company is not responsible for your decision, and it is your sole discretion to decide, if you want to allow the third-party payment processor to store payment information for other potential Paid Services.
Please note that the Company is not liable for any foreign exchange fees, bank fees or differences in prices based on your location.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are our registered and unregistered Trademarks and others, and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website's services is strictly prohibited.
If you change your email address, you must update your information by means of the facilities or method made available on the Website.
Prohibited User Conduct
You warrant and agree that, while using the Website and the various services, features and functionality offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Website), or, except as otherwise specifically authorized in these Terms and Conditions or on the Website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner that could interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Website or the Website's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use the Website or the Website's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could interfere with any other party's use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Right to Monitor and Editorial Control
Private or Sensitive Information
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Linking to the Website
Unless otherwise specifically indicated in these Terms and Conditions or on the Website, you agree that: (i) if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website; (ii) you are not permitted to link directly to any image hosted on the Website or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
To the extent permitted by law, the Company excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. If the Company fails to comply with this Agreement, it is responsible for loss or damage you suffer that is a foreseeable result of the Company's breach or its gross negligence. Any such loss or damage shall be limited to the amount of money the Company has received from you for Digital Products or Coaching Services in connection with this Website. Please note that the Company only provides this Website for private use. You agree not to use this Website for any commercial or business purposes. The Company has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Company will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any content on it, or on any website linked to it.
Orders for Products and Services
We may make certain products available to users of the Website. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Third Party Web Sites
You may be able to link from the Website to third party web sites and third party web sites may link to the Website ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Website does not imply our endorsement, sponsorship, or recommendation of that site. The Company and our affiliates, if any, disclaim any liability for links (1) from another web site to this Website and (2) to another web site from this Website. The Company and our affiliates, if any, cannot guarantee the standards of any web site to which links are provided on this Website nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Embedded Video Links
For any Customer Service issues related to Digital Products or Coaching Services, please contact:
On Career Success Inc.
39270 Paseo Padre Parkway, Suite 135
Fremont, CA 94538
Disclaimer of Warranties
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT OR COACHED SERVICES AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY US "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR AFFILIATES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Website or the Website's services at any time. We may restrict, suspend or terminate your access to the Website and/or its Services and Digital Products if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
You agree that the laws of the State of California, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and Conditions and/or the Digital Products or Coaching Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
You and the Company agree to arbitrate any dispute arising from these Terms and Conditions or your purchase or use of the Digital Products or Coaching Services, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and the Company agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to the Company shall be sent to our Agent: On Career Success Inc., Attn: Legal, 2161 Harbor Bay Parkway, Alameda, CA 94502, United States, Support@oncareersuccess.com. You and the Company further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Alameda County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Alameda County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and the Company will not commence against the other a class action, class arbitration, or other representative action or proceeding.