Terms of Service
TERMS OF SERVICE
C2C AdvantageTM - Career Advantage Systems
1. ACCEPTANCE OF TERMS
Use of our website product C2C AdvantageTM or any of the products or services offered on the C2C Advantage site (collectively, the "Product") is subject to these Terms of Use (these "Terms"). Career Advantage Systems may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our Product constitutes your binding acceptance of these Terms, including any modifications that we make.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Product;
2. Refuse, move, or remove any material that you submit to our site for any reason;
3. Refuse, move, or remove any content that is available on our Product site;
4. Delete, activate, reactivate or ban your accounts and all related information and files in your account;
5. Establish general practices and limits concerning use of our Product site.
6. You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Product may require communications such as service announcements and administrative messages. You will not be able to opt out of receiving basic administrative messages.
Career Advantage Systems will provide access to an online career development program called C2C Advantage to subscriber colleges/universities ("Subscribers") and their member students, faculty and staff ("Users"). When using C2C Advantage, Users shall be subject to any posted guidelines or rules applicable to the Product, which may be updated and posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS OF SERVICE.
2. DESCRIPTION OF THE PRODUCT
C2C Advantage is an online career development program for college students offered through subscriptions to colleges and universities (Subscribers). Student Users create and maintain personal accounts where they access Product content through topic "modules" and post learning summaries and other individual information relevant to the module and themselves. In this way, users assimilate information and maintain individualized content useful in preparing for a future career. Any new features added shall be subject to the TERMS OF SERVICE.
3. USER ACCOUNT, PASSWORD AND SECURITY
You as a user are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You accept that your user member account is for use by you and you alone, is not transferable to another, and is not to be accessed by another. You agree to immediately notify your college/university or Career Advantage Systems of any unauthorized use of your password or account or any other breach of security. Career Advantage Systems cannot and will not be liable for any loss or damage arising from your failure to comply with these responsibilities.
4. USER CONDUCT
The C2C Advantage site includes a combination of content that we create, that our partners create, and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash applications, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part. If you would like to request permission to use any of the content on our site, please review our copyright notice and/or contact our company
You as a User understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not Career Advantage Systems are entirely responsible for all Content that you upload, post, or otherwise transmit via the C2C Advantage Product. Career Advantage Systems does not control the Content posted via the Product and, as such, does not guarantee the accuracy, integrity or quality of such Content. All users therefore agree that all access and use of C2C Advantage is at your own risk. Under no circumstances will Career Advantage Systems be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content transmitted via the Product.
You as a user agree you will not use the website Product to:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b. Publish, post, upload, e-mail, private message, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Product;
e. Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
h. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
i. Restrict or inhibit any other user from using and enjoying any public area within our site;
j. Collect or store personal information about other end users;
k. Interfere with or disrupt our site, servers, or networks;
l. Impersonate any person or entity, including, but not limited to, a Career Advantage Systems representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
m. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
n. Engage in any illegal activities.
o. Violate any provision of laws governing the protection of children's privacy or safety with respect to online environments.
As long as you are within compliance of the points of conduct above, you may upload material or link to sites or documents that are needed to complete modules, assignments, exercises, portfolios, and other professional obligations, expectations, and responsibilities associated with the Product. You as a User acknowledge that Career Advantage Systems does not pre-screen Content, but that Career Advantage Systems and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Product. Without limiting the foregoing, Career Advantage Systems and its designees shall have the right to remove any Content that violates the TERMS OF SERVICE or is otherwise objectionable. Career Advantage Systems makes every effort to keep all data at this site accurate and up to date, but makes no warranties or representations regarding the data. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You as a user acknowledge and agree that Career Advantage Systems may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Career Advantage Systems, its users and the public.
You as a member understand that the technical processing and transmission of the Product, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. THIRD-PARTY SITES, PRODUCTS AND SERVICES
C2C Advantage may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We do not sell, resell, or license any of the products or services that we review, list, or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
6. NO RESALE OF PRODUCT
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Product, use of the Product, or access to the Product.
7. PRIVACY POLICY
All of the information that we collect from you, such as registration, profile, usage and summary information, is subject to our privacy policy.
8. INDEMNIFICATION
You hereby agree to indemnify, defend and hold Career Advantage Systems and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Career Advantage Systems Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Career Advantage System Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
1. Your use of our product/site;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our site;
4. Your connection to our site;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve 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.
9. MODIFICATIONS TO PRODUCT
Career Advantage Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Career Advantage Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.
10. TERMINATION
You as a USER agree that Career Advantage Systems, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, in full or in part, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Career Advantage System believes that you have violated or acted inconsistently with the letter or spirit of the TERMS OF SERVICE. Career Advantage Systems may also in its sole discretion and at any time discontinue providing the C2C Product, or any part thereof, with or without notice. You agree that any termination of your access to the Product under any provision of this TERMS OF SERVICE may be effected without prior notice, and acknowledge and agree that Career Advantage Systems Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Product. Further, you agree that Career Advantage Systems shall not be liable to you or any third-party for any termination of your access to the Product.
11. DISCLAIMER OF WARRANTIES
YOU AS A USER UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAREER ADVANTAGE SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. CAREER ADVANATGE SYSTEMS MAKES NO WARRANTY THAT (i) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCT/SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAREER ADVANTAGE SYSTEMS OR THROUGH OR FROM THE C2C ADVANATGE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU AS A USER UNDERSTAND AND AGREE THAT CAREER ADVANTAGE SYSTEMS SHALL NOT BE LIABLE 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 CAREER ADVANTAGE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (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 PRODUCT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
14. PROTECTION OF CAREER ADVANTAGE SYSTEMS INTELLECTUAL PROPERTIES
You as a user shall not copy, abstract, or make available to any person, firm or corporation, C2C Advantage or any other the Career Advantage Systems Products, Services, Supplemental materials, Training materials, or Reference materials or the information contained therein, and shall maintain the same in strictest confidence and prevent unauthorized access thereto unless given permission in writing and or email by Career Advantage Systems. You as a user will not, nor will you permit any other person to modify, reverse engineer, reverse compile or disassemble the Products and Services.
15. MEMBER INTELLECTUAL PROPERTIES AND CONFIDENTIALITY OF CONTENT AND SYSTEM ACTIVITY
You as a user understand that Career Advantage Systems develops and provides online tools that facilitate users' career development. You understand that it is your responsibility to first secure proper authorization and permission to incorporate or share copyrighted works before creating or sharing any such content.
You as a user understand that Career Advantage Systems provides online tools for university faculty members and system administrators that include but are not limited to review of user content, reports of online activity levels by users whose C2C Advantage accounts are associated with the university, C2C Advantage usage levels and patterns, online assessment results, and other information used by the university to manage the Product and associated campus programs. You as a user accept that such information may be made visible to university faculty personnel as deemed appropriate and controlled by university faculty and also visible to Career Advantage Systems personnel and potentially Career Advantage Systems business partners for purposes of continuously supporting and improving and providing technical support for the C2CAdvantage Product.
You understand that all or part of your C2C Advantage content created while your user account is associated with the university and potentially thereafter may be referenced as artifacts and as representative materials or reported and analyzed in conjunction with your university seeking initial or continuing accreditation; needing to demonstrate evidence of expected performance; subjecting itself to external review by accrediting bodies authorized; and/or sharing best practices and lessons learned with other higher education professionals. You agree to allow Career Advantage Systems to facilitate the university's accessing and referencing your account's activity, usage patterns, share content, and/or information as needed to facilitate such processes and the continuous improvement of university programs. You understand and accept that the university and the university alone is solely responsible for ensuring that requests to Career Advantage Systems for such information are in accordance and managed such that they are in compliance with terms agreed upon between you and the university.
You understand that Career Advantage Systems is committed to continuous improvement of its online products and work environment for you and other users. You understand and accept that Career Advantage Systems retains and studies certain information regarding member usage patterns of the C2C Advantage product, member account content, and member preferences for the purpose of providing security for your account; customizing, easing, and speeding user's online experience; providing decision-making and progress information back to users regarding the status of their account; improving the effectiveness, helpfulness, and usefulness of our products services for our subscribers; and for providing technical, development, and user support. This involves but is not limited to the use of cookies, checking the type of system hardware and software used to access C2C Advantage, and pre-selecting certain C2C Advantage settings based on selections made in past sessions or on expressly chosen preferences.
16. COLLEGE C2C ADVANTAGE MEMBERSHIP TERM
The initial membership term begins at C2C Advantage online registration and ends at a time dictated by the university's C2C Advantage subscription terms. Generally accounts are active until graduation and for a short period beyond users' graduation dates.
The initial user membership term for C2C Advantage may be terminated early if: (a) the user does not complete at least one module in the program within a given 4 year period, (b) the subscribing college or university ceases its C2C Advantage subscription or (c) the member violates terms of service. A reasonable effort consisting of three (3) email notifications will be sent to users whose user membership term is affected by a college or university ceasing its subscription. When the college/university C2C Advantage subscription ends, undisrupted continuation of membership may be available, subject to commensurate pricing and terms of service.
17. FEES AND REFUNDS
A product renewal subscription fee will be required of any user who wishes access to the C2C Advantage product beyond the original university subscription and product service periods. Refund requests will be granted within 30 days of Product subscription renewal purchase.
18. GENERAL
This Agreement is to be governed by the laws of the State of New York.