1. Introduction.
This page contains the Terms and Conditions governing your use of the
CareerBuilder Institute Web Site and its services. Please read this page
carefully. The following Terms and Conditions form a binding Agreement between
you and CareerBuilderInstitute.com. Your use of the CareerBuilder Institute Web
Site indicates your acceptance of these Terms and Conditions. If you do not
accept these Terms and Conditions, you may not use the CareerBuilder Institute
Web Site.
CareerBuilderInstitute.com
may revise these Terms and Conditions at any time by updating this page.
Changes to the Terms and Conditions will be binding on you. Any use of the
CareerBuilder Institute Web Site or its services will be considered acceptance
by you of the then-current Terms and Conditions. If at any time you find the
Terms and Conditions unacceptable, you should no longer use the CareerBuilder
Institute Web Site.
CareerBuilder
reserves the right to suspend the use on an individual basis for any reason at
any time, in its sole discretion.
2. Service Charges.
You
agree to pay, using a valid credit card, all applicable fees, applicable taxes,
and other charges incurred on your account in order to access the CareerBuilder
Institute services. CareerBuilder Institute reserves the right to increase fees,
surcharges or to institute new fees at any time, upon reasonable notice posted
in advance on the CareerBuilder Institute Web Site.
3. Definitions.
For the purposes of this Agreement, the following definitions apply:
"The CareerBuilder Institute Web Site" or
the "Site" (www.careerbuilderinstitute.com) includes the
CareerBuilder Institute Web Site in its entirety, as well as any related
sub-sites.
"Content" includes all Text, Graphics, Design
and Programming used on the CareerBuilder Institute Web Site.
"Text" includes all text on every
page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all
logos, buttons, and other graphical elements on the Site, with the exception of
paid advertising banners.
"Design" includes the color combinations
and the page layout of the Site.
"Programming" includes both
client-side code (HTML, JavaScript, etc.) and server-side code (Active Server
Pages, VBScript, databases, etc.) used on the Site.
"Class Module" refers to any class
or training module listed on the Site.
"User" refers to any individual
who uses any aspect of the Site or its services.
4. Receipt Requests
Invoices
for charges will be sent to the email address listed on your CareerBuilder
Institute Web Site account. To receive a copy of past invoices please
contact customer service.
5. Intellectual Property Rights.
All
Content on the Site is the sole property of CareerBuilder.com and the
CareerBuilder Institute Web Site, and is protected by copyright and
international treaties. CareerBuilder authorizes you to view and download a
single copy of the material from the Site solely for your personal, noncommercial
use. You may not reproduce, modify, display, sell, or distribute the Content,
any Class Modules or use it in any other way for public or commercial purpose.
This includes copying or adapting the HTML code used to generate Web pages on the
Site. "CareerBuilder Institute Web Site," the CareerBuilder Institute
Web Site design logo and certain other names or logos are service marks or
trademarks of CareerBuilder and all related product and service names, design
marks and slogans are the service marks or trademarks of CareerBuilder, LLC. In
addition, the “look” and “feel” of the Site (including color combinations,
button shapes, layout, design and all other graphical elements) are also
protected by CareerBuilder’s trademarks, service marks and copyrights. All
other product and service marks contained on the Site are the trademarks of
their respective owners.
6. Acceptable Use of the Site.
The CareerBuilder Institute Web Site and its services are intended for
individuals seeking to improve and increase their current job skills through
online training. The Site may be used only for lawful purposes within this
stated context. CareerBuilder.com and the CareerBuilder Institute Web Site are
the sole interpreters of the Site’s intended and acceptable use.
As
one of the conditions of your use of the Site, you represent, warrant and agree
that you will not use (or plan, encourage or help others to use) the Site for
any purpose or in any manner that is prohibited by these Terms and Conditions
or by applicable law. It is your responsibility to ensure that your use of the
Site complies with these Terms and Conditions.
Conduct Rules:
Protect your username and password. You are responsible for maintaining the
confidentiality of your information and password, and you are responsible for
all uses of your registration, whether or not authorized by you. You agree to
notify CareerBuilder Institute Web Site immediately of any unauthorized use of
your registration and password. Additionally, you agree not to disseminate your
password to others for use of the Site. If you knowingly provide your login and
password information to another person, your account use may be suspended
temporarily or terminated at the sole discretion of CareerBuilder.
Security Rules:
Users
are prohibited from violating or attempting to violate the security of the CareerBuilder
Site(s), including, without limitation:
1.
Accessing data not intended for such User or logging into a server or account
which the User is not authorized to access;
2.
Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
3.
Attempting to interfere with service to any User, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding", "mailbombing" or "crashing";
4.
Sending unsolicited e-mail, including promotions and/or advertising of products
or services;
Violation
of these Security Rules may result in civil or criminal liability. CareerBuilder
will investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
7. Disclaimers and Limitations on Liability. CareerBuilder
assumes no responsibility for the activities or conduct of Users. Nothing on
the Site shall be considered an endorsement, representation or warranty with
respect to any User or third party, whether in regards to its web site,
products or services.
Neither CareerBuilder.com nor the CareerBuilder Institute Web Site is an
employment agency or a recruiting firm, and makes no representations or
guarantees regarding the effectiveness or timeliness of the Site in meeting the
employment objectives of Users. The Site does not guarantee that the Class
Modules will result in Users being hired and is not responsible for any of the
employment decisions made by any User. You acknowledge that any reliance on any
Class Module will be at your own risk.
CareerBuilder.com and the CareerBuilder Institute Web Site makes no
representations or guarantees regarding the Content of the Site, including, but
not limited to, broken links, inaccuracies or typographical errors.
CareerBuilder.com and the CareerBuilder Institute Web Site makes no
representations or guarantees regarding the accuracy, reliability, completeness
or timeliness of the Site(s) or its Content. By accepting these Terms and
Conditions, you agree to use the Site at your own risk. CareerBuilder may
change the Site at any time.
CAREERBUILDER
DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS
SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, CAREERBUILDER SHALL NOT BE LIABLE FOR SUCH COSTS.
YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET
GENERALLY. CAREERBUILDER, ITS WEB SITES AND CONTENT ARE PROVIDED ON AN 'AS IS'
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CAREERBUILDER, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,
AND FITNESS FOR PARTICULAR PURPOSE. CAREERBUILDER MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CLASS MODULES,
MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL
CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT
OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN
CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE
SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERBUILDER IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN CAREERBUILDER'S MAXIMUM LIABILITY TO YOU FOR
ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE
AGGREGATE.
IN NO EVENT
SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES
IN EXCESS IN THE AGGREGATE OF US$100.00 (OR, IF YOU ARE AN EMPLOYER WITH A
SERVICES AGREEMENT WITH CAREERBUILDER, THE AMOUNTS ACTUALLY PAID BY YOU TO
CAREERBUILDER UNDER THIS AGREEMENT IF GREATER THAN US$100.00).
8. Indemnity.
You
agree to defend, indemnify, and hold harmless CareerBuilder, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Site, use of the Class Modules, the
Content or your breach of these Terms and Conditions. CareerBuilder shall provide
notice to you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
9. User Information.
CareerBuilder
may use the information it obtains relating to you, including your IP address,
name, mailing address, email address and use of the Site, for its internal
business and marketing purposes and may disclose the information to third
parties for fulfillment of such marketing or internal business purposes.
The Privacy Policy posted on the Site is incorporated into these Terms and Conditions by this
reference. The Privacy
Policy governs data collected through CareerBuilder’s on-line operations
only. Please note, as set forth in the Privacy Policy,
that CareerBuilder may collect certain personal information from Users and may
contact Users periodically in accordance with the terms of the Privacy Policy.
In addition, CareerBuilder reserves the right to comply, in its sole
discretion, with legal requirements, requests from law enforcement agencies or
requests from government entities, even to the extent that such compliance may
require disclosure of certain information collected from Users.
10. General.
The
CareerBuilder Institute Web Site is a wholly owned property of
CareerBuilber.com and is based in Chicago, Illinois. Access to the Content may
not be legal by certain persons or in certain countries. If you access CareerBuilder
Institute Web Site from outside of the U.S., you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms and
Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims
arising under this agreement shall lie exclusively with the state or federal
courts in Illinois. If any provision of this Agreement is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in a particular "Legal
Notice," or Software License or material on particular Web pages, this
Agreement constitutes the entire Agreement between you and CareerBuilder with
respect to the use of the Site. You understand and agree that, due to the
nature of these Terms and Conditions, in addition to money damages, CareerBuilder
will be entitled to equitable relief upon a breach of these Terms and
Conditions by you.