Last Updated: May 31, 2018
SITE LICENSE SERVICES
TERMS AND CONDITIONS:
You Accept These Terms
Updates to Terms
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Website. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Website. You should visit this page regularly to review the current terms. Your continued use of the Website will be deemed as irrevocable acceptance of any amendments and revisions.
The Information You Give Us Must be Correct
It is a condition of use of this Website that all the details you provide be correct, current, and complete. If the Service Provider believes the details are not correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources including but not limited to the Site, and to terminate or suspend your account.
1.1 "Administrator Tool" means the portion of the Service relating to the Administrative tools made available exclusively to Site Administrators to review, chart and report any and all digital activity, scores and results of their authorized End Users.
1.2 "Content" means all online information, videos, data, databases, files, images, charts, graphics, tools, features, and all other content or materials contained on or accessible via the Service.
1.4 "Individual Dashboard Activity" is the personalized portion of the Service accessible via individual username and password which allows End Users to digitally record, store, track and access all career exploration activities, surveys, personal and educational information, as well as career and education plans.
1.5 "Personal Information" is defined as digital information concerning End Users by which an End User may be individually identified such as a Username and Password and includes but is not limited to name , e-mail address, phone number, postal address, demographics, activities, , employment status, employer, employment history, employment job title, social media accounts, social media pages, future plans, education, educational history and major, educational institutions, military history and military branch.
1.6 "Purchase Order" means the written request for purchase submitted by Subscriber to Service Provider or authorized Reseller Agent for the Service Provider in respect of the Service, and any purchase order submitted for any Subscription renewal.
1.7 "Service" means all services, tools, features, and content that the End User uses on or through VirtualJobShadow.com, which guides individuals with the career exploration, career planning, and job and college search processes.
1.8 "Site(s)" means the school(s), building(s), or organization(s) primarily used by the Subscriber which are generally affiliated with the address(es) indicated in the Purchase Order or which are otherwise typically identified as being those of the Subscriber.
1.10 “Site License” means the type of License Subscriber purchases based on institution type and number of total enrolled students or members at Site.
1.12 "Term" means the valid term period as provided in the Purchase Order or any other agreement entered into with the Service Provider or any other designated subscription provided by Service Provider to Subscriber for Service.
2.2 End Users can access the Service via any computer, tablet or mobile device by way of valid username and password verification. You can provide or create username and passwords on behalf of your End Users or allow End Users to create their own.
2.3 Service terms for Subscribers are valid for the Term, which term begins upon written notification to Site Administrator by Service Provider that Service has been activated.
2.4 Renewal Service Terms are valid for the Period outlined in the Purchase Order. You shall be notified in writing when your renewal terms begin and end.
- use the Content for any commercial or other purpose other than non-commercial educational use by you;
- remove any copyright or other proprietary notations from the Content or any copies thereof;
- publish or make available to the public in any way, any access codes or user names and passwords to the Service.
2.6 As a Site Administrator, you will be provided with access to the Administrator Tool. You do hereby acknowledge that if you use the Administrator Tool, you will have access to the Personal Information and Individual Dashboard Activity relating to End Users at your Site(s).
2.7 You are responsible for maintaining the confidentiality of each End User’s username and password as well as any Personal Information to which you are made privy as a result of your access to each End User’s Individual Dashboard Activity.
3. SITE LICENSE FEES
3.1 Subscriber agrees to pay the Site License Fees to Service Provider or its authorized Resellers.
3.2 Invoices shall be paid within thirty (30) days of receipt by Subscriber.
3.3 Service Provider reserves the right to suspend the Service if fees are not paid in full and when due.
By use of this Site you hereby agree that you are not being granted with any rights of any kind or nature in and to the Materials of any kind or nature including but not limited to that you have no ownership rights in your account or an email account you might register with the service Provider of any kind or nature. The Material and all other content on this Site and the Website may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used by you in any way unless specifically authorized in writing by the Service Provider.
4.2 You shall use your best efforts to prevent any illegal use of the Service by you or any other person, including protecting all usernames and passwords.
5. SERVICE PROVIDER RIGHTS / QUALITY CONTROL
5.1 Service Provider reserves the right to amend, modify, enhance, change, delete, improve or alter any portion of the Services as deemed necessary or fit. Notifications for new features will be posted on the Service home page as well as delivered via newsletters from time to time, to Subscribers.
- You and the Subscriber agree that all promotional and information of any kind generated for the Service and the Rights, must include the appropriate legal notices as required by the Service Provider including but not limited to trademark symbols of the Service Provider. The Service Provider reserves the right, upon thirty (30) days notice to you and the Subscriber, to modify the Quality Control Standards (5.2 (i) through (ii) are collectively known as the (“Quality Control Standards”)
6. DATA COLLECTION
7. LIMITATION OF LIABILITY
7.1 SERVICE PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE SERVICE PROVIDER ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF SERVICE OR FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND THE CONTENT PROVIDED WITH THE SERVICE ARE PROVIDED “AS IS.” SERVICE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF THE SERVICE OR OTHERWISE RELATING TO THE SERVICE OR ANY MATERIAL ON ANY WEBSITES LINKED TO THE SERVICE. SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF SUBSCRIBER’S OR YOUR USE OF THE SERVICE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERVICE PROVIDER IS NOT RESPONSIBLE FOR THESE COSTS.
7.2 IN NO EVENT WILL SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, INCURRED BY YOU, SUBSCRIBER OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER SERVICE PROVIDER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB- CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL BE EQUAL TO ONE HUNDRED (US $100) DOLLARS.
7.4 THE PROVISIONS OF THIS PARAGRAPH 4 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
8. LINKS TO EXTERNAL SITES
The Service includes hypertext links to other educational, employment, governmental and/or other third-party websites and Service Provider has no control over, and makes no representations or warranties of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against Service Provider regarding such websites and acknowledge that you must adhere to and will be subject to the usage and privacy policies governing such sites.
9. TERMINATION OF AGREEMENT
- 1. fails to make timely payment of the amount set forth in the Purchase Order; or
- 3. files a petition in bankruptcy or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law, or a receiver is appointed, and such receiver is not discharged within ninety (90) days; or
10.1 You will indemnify Service Provider, its officers, directors, employees, agents, sub- contractors and third-party suppliers (collectively the “Indemnitees”) and hold the Indemnitees harmless from and against any and all liability, loss, damage, actions, claims or expense (including legal fees and expenses) (collectively “Liabilities”) that result from or arise out of:
- the use of the Service by you;
- any liability of any kind that is a consequence of your negligent or purposeful misuse of Personal Information; and
- any breach by you of this Agreement.
11. COPYRIGHT AND TRADEMARK NOTICES
11.1 Content is: Copyright © Strivven Media LLC. All rights reserved.
11.2 Virtual Job Shadow is a Registered trademark of Strivven Media, LLC.
12. GENERAL PROVISIONS
12.1 Service Provider’s waiver, failure or delay to exercise any right, provision or entitlement herein shall not be deemed to constitute a waiver of same or any other provision, right or entitlement herein.
12.2 By use of this Site you hereby agree that you are consenting to any actions at law or in equity arising out of or in relation to this Agreement must be submitted to Binding Arbitration and the jurisdiction and venue to any actions at law or in equity arising out of or in relation to this Agreement will be Charlotte, North Carolina. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and federal laws of the United States applicable therein. Any actions at law or in equity arising out of or in relation to this Agreement must be submitted to Binding Arbitration.
12.3 If any one or more of the provisions contained in this Agreement should be invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions shall not in any way be affected or impaired as a result of such event in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired as a result of such event, unless in either case as a result of such determination this Agreement would fail in its essential purpose. Service Provider’s Address: This Site is controlled and operated by Strivven Media, LLC. Please forward any comments or complaints about the Site to firstname.lastname@example.org. Please forward any questions regarding privacy to privacy and other legal matters to email@example.com. Strivven Media LLC PO Box 5424 Asheville NC, 28813
12.4 Binding Arbitration of All Disputes; No Class Relief To the fullest extent permissible by law, with the exception
of disputes pertaining to the Service Provider intellectual property rights and certain statutory claims that, pursuant to law,
are not arbitrable, any dispute of any kind between you and The Service Provider arising under these Terms shall be resolved
through binding arbitration pursuant to the American Arbitration Association (“AAA”) or if AAA no longer exists, then the local
arbitration organization similar to AAA; at their offices in Charlotte, North Carolina; by a single neutral arbitrator; in
accordance with the arbitration rules or procedures of AAA, on an individual basis with no class relief. The arbitrator shall
be a retired judge or justice of any North Carolina state or federal court with substantial experience in the internet
industry and shall follow and apply the Federal Arbitration Act and as amended (“FAA”), to the fullest extent permitted by
the laws of the State of North Carolina, as they are applied to agreements entered into and to be performed entirely within
North Carolina in adjudicating the dispute.
At the conclusion of such arbitration, the arbitrator shall render an award and a written, reasoned opinion in support thereof. Judgment on the award may be entered in any court having jurisdiction thereof.
13. INFORMATION COLLECTED
13.1 Information you give us. The personal information the Service Provider may collect includes information you give the Service Provider which includes but not limited to name, e-mail address, phone number, postal address, demographics, activities, employment status, employer, employment history, employment job title, social media accounts, social media pages, future plans, education, educational history and major, educational institutions, military history and military branch.
You may give us information in a variety of ways, including but not limited to when you register for Service, communicate with customer care, or update your resume.
13.3 Use of personal information. The Service Provider may use your personal information for a variety of purposes, including but not limited to providing you with Services. The Service Provider may use your personal information to do things like:
- Process your orders.
- Protect our rights and property and those of our customers.
- Respond to legal process and emergencies.
- Develop or inform you of new products and services.
- Anonymize or aggregate personal information for various purposes like market analysis or traffic flow analysis and reporting.
- Monitor, evaluate or improve our products, Services, systems, or networks.
- Customize or personalize your experience with our Services.
- For a predetermined period as determined by the Service Provider (usually up to 5 years or longer), you will be notified periodically to log back in and update your current status.
- Provide Passwords and access to the Services.
- Performance of Exit Interviews.
- Annual Status Updates.
13.4 Information we share. The Service Provider does not share information that identifies you personally
with third parties other than as follows:
The Site Administrator. The Site Administrator can review reports of your activities and generate excel exports for various reasons which include but is not limited to submission to the state.
13.5 Protection of the Service Provider and Others. The Service Provider may access, monitor, use or disclose your personal information or communications to do things such as:
- comply with the law or respond to lawful requests or legal process;
- respond to emergencies.
13.6 Network and Information Security. The Service Provider maintains a variety of physical, electronic, and procedural safeguards. These safeguards help protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Be sure to use a strong password to access your information and not one you use for other services.
14. Updating This Policy
The Service Provider may change this Policy at any time. When we change the Policy, we will give notice by changing the date it was last updated.