A. Mission Statement
CareerMotivations.com’s Mission Statement is to put people in the right-fit career & education decisions so they can maximize their potential and live more fulfilling lives.
B. The CareerMotivations.com Website
From time to time we will change, or make improvements to, our Website. Such changes and/or improvements shall be made without prior notice to you. We may provide you notice of such change on our Website or in e-mails we send to our Members.
II. Your Rights and Obligations
A. Service Eligibility
C. User Name/E-Mail Address and Password
To log onto our Website, you will need a user name and password which you will supply when you register to use our Website. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License to Us
E. Your Responsibilities
In connection with using our Website, you agree that you will:
- 1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- 2. Provide accurate information to us and update it as necessary;
- 4. Review and comply with notices sent by us concerning the Website and our operation thereof; and
- 5. Use the Website in an honest, respectful and professional manner.
In connection with using our Website, you agree that you will not:
- 6. Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website;
- 8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website, or any part thereof;
- 9. Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- 10. Create a user profile for anyone other than a natural person;
- 11. Utilize information, content or any data you view on and/or obtain from our Website to provide any service that is competitive, in our sole discretion, with our Website or our business;
- 12. Imply or state, directly or indirectly, that you are affiliated with or endorsed by CareerMotivations.com, unless you have entered into a written agreement with us to that effect;
- 13. Adapt, modify or create derivative works based on our Website or the technology underlying our Website, or other Members’ content, in whole or part;
- 14. Rent, lease, loan, trade or sell/re-sell access to our Website or any information therein, or the equivalent, in whole or part;
- 15. Deep-link to our Website for any purpose, (i.e. including a link to one of our web pages other than our Website’s home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website;
- 16. Use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl” or “spider” our Website;
- 17. Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- 18. Access, via automated or manual means or processes, our Website for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- 19. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Website;
- 20. Attempt to or actually access our Website by any means other than through the interfaces provided by us;
- 21. Attempt to or actually override any security component included in or underlying our Website;
- 22. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- 23. Remove any copyright, trademark or other proprietary rights notices contained in or on our Website, including ours or any Sponsor’s;
- 24. Remove, cover or otherwise obscure any form of advertisement included on our Website;
- 25. Harass, abuse or harm another person, including sending unwelcome communications to others using our Website;
- 27. Share information of non-Members without their express consent;
- 28. Interfere with or disrupt our Website, including but not limited to any servers or networks connected to our Website;
- 29. Invite people you do not know to join My Account;
- 30. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo (if applicable);
- 31. Use or attempt to use another’s account without our authorization, or create a false identity on our Website;
- 32. Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words “CareerMotivations” or “CareerMotivations.com,” or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
33. Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using our Website to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) using our Website to connect to people who don’t know you and then sending unsolicited promotional messages to those connections without their permission; and (iii) sending messages to distribution lists, newsgroup aliases or group aliases;
- g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or
- h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website.
- 34. Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
F. Website Security Rules
You are prohibited from violating or attempting to violate the security of the our Website, including, without limitation, (1) accessing data not intended for you or logging into a server or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of our Website or to breach security or authentication measures without proper authorization, or (3) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, “flooding”, “mailbombing” or “crashing.”
Violations of Website or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website, notice shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your Website account or through other means including email, cellular telephone, telephone, or delivery services including the U.S. Postal Service about your Website account or services associated with us. In addition to the foregoing, we may notify you via postings on www.CareerMotivations.com. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website. You may contact us via email at:
Or via U.S. mail or courier at:
14 Vervalen Street
Closter, NJ, 07624
Attention: Legal Department
Additionally, CareerMotivations.com accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
I. User to User Communications
We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members, and we cannot guarantee that other Members will not use the ideas and information that you share on our Website. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website. WE ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE SUCH AS MY ACCOUNT.
J. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website complies with all laws directly or indirectly applicable to you or us. CareerMotivations.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
K. You Must be 14 or Older to Use this Website
L. Your Right to Use our Website
M. Complaint Procedure
N. Export Control
Your use of our Website, including the software that runs our Website, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
III. Our Rights and Obligations
A. Availability of Website
C. CareerMotivations.com Intellectual Property
All of the design, text, and graphics of our Website, as well as the selection and arrangement thereof, are & copy; 2010 CareerMotivations.com, Inc., All Rights Reserved. CareerMotivations.com, CareerMotivations.com and design, are our registered federal trademarks. The Website images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website are the property of their respective owners.
Our Website contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website.
D. Collection and Use of Your Content by Us
While we appreciate hearing from you and welcome your comments regarding our Website, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website, please be specific in your comments regarding our Website and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediate become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Links to Other Sites
We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website). Nothing on our Website shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
H. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET GENERALLY. OUR WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE, (2) THE QUALITY AND SECURITY OF OUR WEBSITE, OR (3) THE INABILITY TO ACCESS OUR WEBSITE OR ITS CONTENT, INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE. WHEN USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
I. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
J. No Partnership
K. Certain Legal Requirements
M. No Extraterritoriality
We are based in Closter, New Jersey in the United States of America. We make no representation that our Website is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
1. Mutual rights of termination.
2. Misuse of the Services.
We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website. Misuse of our Website includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in its sole discretion, deem contrary to the purpose of the Website. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
3. Effect of Termination.
Upon the termination of your account with us, you lose access to our Website. In addition, we may block access to our Website from an IP address or range of IP addresses associated with those of terminated Members.
O. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website and is accessible on our Website in a way that constitutes copyright or trademark infringement, please contact us.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (1) you will submit to the jurisdiction of the courts of Bergen County, New Jersey, including, without limitation, the United States District Court for the New Jersey and (2) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website or any content or other material used or displayed on our Website.