CareerSmart® Learning, a division of ISYS Solutions, Inc. (the “Company”), located at 2601 Saturn Street, Suite 300, Brea, CA 92821, provides its Service (as defined below) and access to its Website (as defined below) subject to the following Terms of Service Agreement; which may be updated by the Company from time to time with or without notice.
This Terms of Service Agreement (the “Agreement”) is between you as the user of the Company’s Website (“User”) on the one side, and the Company on the other. User agrees to read the terms of the Agreement, and to accept it in its entirety prior to accessing the Website. By accessing the Website, by clicking accept or agree to the Terms of Service, and/or using the Services provided by Company on the Website, User accepts and agrees to be bound and abide by the following terms and conditions. If for any reason, User does not wish to agree to the terms contained herein, User shall not access the Company’s Website or use its Service in any manner whatsoever.
Definitions. The following definitions apply within this Agreement:
- “Acceptance” means that User accepts the terms of this Agreement and has manifested its acceptance through the access and use of the Company’s Website.
- “Educational Content” means the full extent of Company’s educational, instructional and/or training-related Electronic Data Files located on the Website, or provided to User..
- “Electronic Data Files” means data stored as audio files, graphic files, or video files, which may be included in or constitute the Educational Content when the Educational Content is submitted to the Company for publication on its Website, which audio, graphic or video files may be submitted in the following electronic formats: JPEG files, GIF files, MPEG files, Flash animation, or other proprietary formats.
- “Intellectual Property Rights” means all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all: (i) Patents and patent applications; (ii) Rights associated with works of authorship, including copyrights, copyright applications and copyright registrations; (iii) Rights relating to the protection of trade secrets, know how, technology and confidential information; (iv) Rights relating to the protection of databases, lists and other compilations of data; (v) Moral rights and industrial property; and (iv) Divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired.
- “Password” means the password User shall provide, along with the User Name, to the Company which allows User to gain access to certain pages located on the Website and certain Website Content.
- “User Name” means the name User shall provide, along with the Password, to the Company which allows User to gain access to certain pages located on the Website and certain Website Content.
- “Courses” means continuing education and other educational courses provided by the Company through the Service on the Website.
- “Website” means the Web site owned or controlled by the Company, located and accessible at the universal resource locator/address http://www.careersmart.com.
- “Website Content” means Educational Content and all other information, data, text, software, music, sound, photographs, graphics, video, messages, meta data, or other materials presented on or otherwise contained in the Website.
- ″User Generated Content” means Website Content that is created, uploaded, provided, posted, or otherwise made available by users of the Website.
Access. User acknowledges that the traffic of data through the Internet may cause delays during the download of information or Content from the Website. User further acknowledges that the Website and the Website Content may not be available on a continual, twenty-four (24) hour basis due to such delays and due to delays caused by the Company upgrading, modifying, or maintaining the Website, and User shall hold the company harmless for any such delays.
Modifications to Service. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. User agrees that the Company shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service or the Website. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Refund Policy. Any services provided on the Website as part of a pay, subscription, membership, or other plan involving payment required for access is subject to Company’s Refund Policy:
All web-based course purchases are non-refundable. In the event of a technical problem that prevents the learner from completing the course in a timely manner, CareerSmart® Learning will consider refunds on a case by case basis. Orders over 60 days from purchase are not eligible for refunds.
Purchases of “tokens” or “enrollment keys” for bulk or group enrollments of online courses are non-refundable and non-transferable.
Live Classes, Seminars, and Webinars:
Cancellations by learner are accepted up to ten (10) days preceding a live event’s scheduled start time/date, Pacific Standard Time (PST). All cancellations made earlier than ten (10) days preceding a live event will be entitled to a refund of registration fees, minus a 10% non-refundable processing fee. The refund amount will be issued within 30 days of cancellation. No refunds will be provided for event cancellations made by learners less than ten (10) days prior to the event. Orders over 60 days from purchase are not eligible for refunds.
- No refunds will be provided for learners who do not show. No refunds will be provided to learners enrolled in a program with both live classroom and online components if the learner has started the online or live component.
For cancellations by CareerSmart® Learning, learners will be notified at least 24 hours (PST) in advance of the event start time/date and will be entitled to a full refund, which will be issued within 30 days of the cancellation date.
Learners who enroll and complete the RCFE Initial Certification Training must apply for and take the state exam within 60 days of completing the training, as required by California Department of Social Services (CDSS). Learners are responsible for registering for the state exam directly with CDSS; training vendors do not provide the state exam or assist with registering for the state exam. CareerSmart is not responsible for any timelines, as outlined by DSS, that are not met by the learner. If the state exam is not taken and/or passed within 60 days of completing the training, CDSS will require that the learner retake the 80-hr training in full. Learners who fail to meet the 60-day deadline for completing the state exam are not eligible for a refund and are required to repurchase the training if they wish to re-enroll.
Paperback copies of course materials are non-refundable.*The California Department of Social Services has approved classes to be taken virtually through February 28, 2023. Beginning March 1, 2023, the 60-hr “live” portion of the Initial Certification Training will be required to be completed in person. The last webinar session will be held in February 2023, and rescheduling and “make-up” days will not be available after the February 2023 session. If a learner does not complete the required live or online portions of the Initial Certification Training by February 28, 2023, they will be ineligible to receive a certificate of completion, and refunds will not apply.
Unless otherwise specified in the service agreement, advance payment for all consultation services is required. For cancellations made before the service start date, customers are entitled to a full refund.* For cancellations made after services have already been provided or after the consultation start date, refunds of no more than 50 percent of the original service fee will be considered on a case-by-case basis, minus a 10% non-refundable processing fee.
Sponsorships and Advertising:
Generally, payments for all sponsorships and advertising are non-refundable.* In the event of a technical problem with any display ad or analytics on the part of CareerSmart®, CareerSmart® Learning will consider refunds on a case by case basis. However, in the event a sponsored course is canceled by CareerSmart® or an online ad is discontinued by CareerSmart® Learning, the sponsor and/or advertiser would be entitled to a refund in an amount pro-rated to the date of cancellation.
A 10% non-refundable processing fee will be retained by CareerSmart® Learning for all refunds issued upon request of learner/client/sponsor. Refunds will be issued by CareerSmart® Learning within 30 days of the cancellation date. Orders over 60 days from purchase are not eligible for refunds.
Rules of Conduct. User is responsible for all Website Content that User uploads, posts, emails, transmits or otherwise makes available via the Service. The Company does not control third-party Website Content or User Generated Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. User understands that by using the Service, User may be exposed to Website Content that User may find offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Generated Content or other third-party Website Content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via he Service. This provision limiting liability is void, inapplicable, and unenforceable within the State of New Jersey.
User understands and agrees that the Website may not be used to:
- Infringe the Intellectual Property Rights of any third party or of the Company, including, but not limited to, posting, distributing, storing, transmitting, or destroying any material in any manner that will infringe on any Intellectual Property Rights of others;
- Post, upload, distribute, store, or transmit any information that User does not have the right to disclose or make available under any law or under contractual or fiduciary relationship (such as insider information or proprietary research);
- Stalk, intimidate, or harass anyone or otherwise violate the privacy or personal rights of others;
- Upload, post, distribute, email, transmit or otherwise make available any content that Company deems in any way to be vulgar, obscene, threatening, abusive, fraudulent, libelous, defamatory, hateful, racially or ethnically objectionable, or unlawful;
- Upload, post, email, distribute, transmit or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other telecommunications equipment;
- Engage in any activity that violates any laws, including, but not limited to, conspiring to violate laws or transmitting any material that, intentionally or unintentionally, violates any applicable local, state, federal, or international law, rules or regulations;
- Harvest or collect email addresses or other contact information from other users of the Service or Website by electronic or other means for any purpose, including, but not limited to, unsolicited emails or other unsolicited communications;
- Forge headers or otherwise manipulate any identifiers in order to disguise the origin of any communication made or transmitted through the Service or Website;
- Impersonate, falsely state, or otherwise misrepresent, either intentionally or by omission, User’s identity, age, affiliation with any entity, current or previous position, or any other personal information;
- Upload, post, email, transmit, distribute, or otherwise make available any private information of a third party, including addresses, phone numbers, email addresses, social security numbers, and credit card information;
- Upload, post, email, transmit, distribute, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “spam”, “pyramid schemes”, “junk mail”, “chain letters”, or any other form of solicitation;
- Upload, post, email, transmit, distribute, share, or otherwise make available any material or content that, in the sole judgment of Company, is objectionable or which inhibits in any way any other person from enjoying or using the Site, or which may expose Company to harm or liability of any type;
- Violate, or attempt to violate the security of the Website, including but not limited to, attempting to access user information not belonging to User or using or attempting to use another’s account for any purpose without authorization from Company; or
- Interfere or attempt to interfere with the normal operation of the Website or the Service by overloading the Website, mailbombing, crashing, or submitting a virus to the site, forging any information or TCP/IP header information, or any other method used to deny service.
Violations of this Agreement. Upon violation by User of any term of this Agreement, including the Rules of Conduct set forth above, the Company shall be entitled to the following remedies, which remedies shall be cumulative and shall be in addition to and not in limitation of any other rights or remedies available to the Company at law or in equity:
- The Company may issue warnings, written or verbal;
- the Company may suspend or terminate User’s rights and privileges granted hereunder or otherwise suspend or terminate User’s account;
- the Company may remove any statements or other materials which violate the rules of conduct set forth in this Agreement;
- the Company may bill User for any administrative costs or other costs or expenses resulting from or relating to User’s violation; and/or
- the Company may bring legal action to enjoin User’s violation(s) and/or to collect damages caused by User’s violation(s).
User Generated Content. User-Generated Content on the Website is provided “AS IS” for informational and personal use only. The Company is acting only as a passive conduit for User Generated Content and is not responsible for the accuracy or appropriateness of any such content, including the validity of any links posted on the Website. The Company may or may not pre-screen User Generated Content, but the Company shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any User Generated Content. Without limiting the foregoing, the Company shall have the right to remove any User Generated Content that violates this Agreement or is otherwise objectionable at the Company’s sole discretion. User must evaluate, and bear all risks associated with the use of any User Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. User understands that when using the Service, User will be exposed to submissions of information from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such information. The Company recommends that User use caution while accessing User Generated Content as such information may be offensive, harmful, deceiving, or inaccurate either in its label or content. The Company does not claim ownership of the User Generated Content User submits or makes available on the Website. However, with respect to User Generated Content, User grants the Company the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio or video User submits or makes available for inclusion on the Service: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Generated Content on the Website solely for the purpose for which such User Generated Content was submitted or made available. This license exists only for as long as User elects to continue to include such User Generated Content on the Website and will terminate at the time User or the Company removes such User Generated Content from the Website.
- With respect to User Generated Content other than photos, graphics, audio or video User submits or makes available for inclusion on the Website or Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Generated Content (in whole or in part) and to incorporate such User Generated Content into other works in any format or medium now known or later developed.
- Please review our Digital Millennium Copyright Act policy for more information about requesting removal of an unauthorized user submission.
Contributions to Website. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to the Company through its suggestion or feedback webpages, User acknowledges and agrees that: (a) User’s Contributions do not contain confidential or proprietary information; (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the Company may have something similar to the Contributions already under consideration or in development; (e) the User’s Contributions automatically become the property of the Company without any obligation of the Company to User; and (f) User is not entitled to any compensation or reimbursement of any kind from the Company under any circumstances. This website accepts comments, reviews, or other communications (“Comments”) from users. Submission of Comments is voluntary. Any Comments submitted shall be our exclusive property. The act of submitting Comments will serve as an assignment to CareerSmart® of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We reserve the right to use the Comments for any purpose without further notice or compensation to you. Please consider this when submitting Comments and only submit Comments you wish to assign to us.
Intellectual Property Rights. The Website, the Website Content, and any other images, text, programs, and other materials posted on the Website are the proprietary property of the Company, its Users, advertisers, licensors, content providers/presenters or affiliates and are protected by federal and international copyright, trademark and other intellectual property laws. Any reproduction, retransmission, distribution or republication of all or part of any Website Content or any other images, text, programs, and other materials found on the Website is expressly prohibited, unless the Company or the copyright owner of the material has expressly granted its prior written consent to so reproduce, transmit, or republish the material. All other rights reserved. All trademarks, service marks and logos referred to or appearing on the Website are the property of their respective owners. The names, trademarks, service marks and logos of Company appearing on the Website may not be used in any advertising or publicity, or otherwise to indicate the Company’s sponsorship of or affiliation with any product or service, without Company’s prior express written permission.
Communications from Company. User understands and agrees that by accessing the Website, by clicking accept or agree to the Terms of Service, and/or using the services provided by Company on the Website, User has agreed to “opt in” to receive emails or other communications from Company, including but not limited to communications related to Course enrollment confirmation, Course completion, accessing Course certificates, transcripts, renewal reminders, and promotional emails related to CareerSmart® products.
- The Company’s Courses are pre approved for continued education only as expressly stated in the Website Content and Educational Materials. Except as stated in writing on the Website or in the Electronic Data Files, no representations are made by the Company regarding the acceptability of its courses for continuing education compliance in any particular jurisdiction. The Company does not provide information or certify continuing education and/or recertification requirements of any regulatory agency. User should consult the appropriate regulatory agencies in its state regarding the requirements applicable to it and the acceptance of the Company’s Courses.
- The medical, nursing, or related healthcare information provided by the Company and its instructors in its Courses, through its Educational Material or otherwise located on the Website, are not to be relied upon for specific health issues faced by User or User’s clients. User should consult their, or their client’s own medical professional for advice concerning treatment, and any recommendation made in the Company’s Courses should be reviewed by a personal physician before undertaking any action or course of treatment.
- The Website may include content provided by third parties, including materials provided by other users or vendors. All statements and/or opinions expressed in these materials, and all advertisements, posts, and other content, other than the content provided by Company, are solely the opinions and responsibility of the person or entity providing those materials. Their materials do not reflect the opinion of the Company or an endorsement by the Company. Company is not responsible or liable to User or any third party, for the content or accuracy of any materials provided by third parties.
- If the Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from User’s use of them. If User decides to access any of the third-party websites linked to this Website, User does so at their own rise and subject to the terms and conditions of use for such websites.
- Users who access the Website and enroll in Sponsored Courses, which is content developed by Company but sponsored by a third party and offered to users at no cost in exchange for branding exposure, acknowledge and agree that the Company may also access, use, and disclose information regarding User’s use of the Service, including Registration Data and Personal Information, such as Name and Email, to such sponsor.
- The CareerSmart Learning system is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) to make the Live Class, Seminar or Webinar available to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that CareerSmart Learning does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does CareerSmart Learning warrant the compatibility or continuing compatibility of the Third-Party Applications with the Service.
- Webinars and other live, virtual classroom trainings may be recorded for internal quality control purposes and may also be rebroadcast as webcast style online continuing education offerings on the CareerSmart Learning platform.
This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Limitation of Liability.
- IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OR RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) LOST DATA, INTERRUPTIONS IN SERVICE, OR INABILITY TO USE OR ACCESS THE WEBSITE OR SERVICE; (iii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE WEBSITE; (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR; (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- USER SPECIFICALLY ACKNOWLEDGES THAT THE WEBSITE AND THE COMPANY SHALL NOT BE LIABLE FOR USERS’ SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT RISK OF HARM OR DAMAGE FROM THE FORGOING RESTS ENTIRELY WITH USER.
This provision is void, inapplicable, and unenforceable within the State of New Jersey.
- USER AGREES THAT THE WEBSITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER’S USE OF THE SERVICE IS AT USER’S SOLE RISK. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW, AS TO THE OPERATION OF THE WEBSITE, THE SERVICE OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE WEBSITE AND SERVICE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET USER’S REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE, INCLUDING THE CONTENT, WILL MEET USER’S EXPECTATIONS; AND (V) THE CONTENT IS CURRENT AND ACCURATE AND DOES NOT CONTAIN ANY ERRORS OR MISREPRESENTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION AND SECTION 15 MAY NOT APPLY TO USER.
This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Indemnity. By using the Website, User agrees to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, contractors, partners, and advertisers from and against any direct, indirect, incidental, special, consequential, or exemplary damages and any claims, actions, loss, liability, or demands, including, without any limitation, reasonable legal fees and accounting fees resulting from: (i) User’s use of and access/connection to the Website or Service; (ii) User’s violation of any term of this Agreement; (iii) User’s violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that one of User’s submissions of Website Content, Contributions or otherwise caused damage to a third party. This defense and indemnification obligation will survive this Agreement and User’s use of the Website. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Termination. User agrees that the Company may, under certain circumstances and without prior notice, immediately terminate User’s account and access to the Service or the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by User, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by User in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by User in connection with the Services. Termination of User’s account includes (a) removal of access to all offerings within the Service, (b) deletion of User’s Password, User Name and all related information, files and content associated with or inside User’s account (or any part thereof), and (c) barring of further use of the Service. Further, User agrees that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to User or any third party for any termination of User’s account or access to the Service.
Notice. The Company may provide User with notices, including those regarding changes to this Agreement, including, but not limited to, by email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
Entire Agreement. This Agreement constitutes the entire agreement between User, and the Company and govern User’s usage of the Website. This Agreement supersedes any other agreement between User and the Company regarding the Website.
Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any terms of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
No Third Party Beneficiaries. User agrees that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Governing Law. By visiting or using the Website, User agrees that (i) the Website shall be deemed solely based in Brea, California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Brea, California. The laws of the state of California govern this Agreement. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.
Arbitration. Any disputes arising between the parties to this Agreement shall be submitted to binding arbitration under the authority and rules of the American Arbitration Association. The losing party shall be responsible for all costs of both parties regarding the arbitration, including reasonable attorney’s fees. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Disputes. User is solely responsible for its interactions with any other Users. Company reserves the right, but has no obligation to monitor disputes between User and other Users or to intervene.
- ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DISCOVERY OF THE CLAIM; ANY CLAIM NOT BROUGHT WITHIN ONE YEAR SHALL BE ABANDONED FOREVER.
CALIFORNIA RESIDENTS’ NOTICE. California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to firstname.lastname@example.org. You may also contact us by writing to CareerSmart® Learning c/o Customer Service, 2601 Saturn Street, Suite 300, Brea, CA 92821 or by calling 877-479-7338. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at 916-445-1254 or 800-952-5210.
Assignment. This Agreement forms a revocable license between us and you to use the Website according to the terms of this Agreement. You cannot transfer the license. We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.