Terms of Service
CareerSmart Learning, a division of ISYS Solutions, Inc. (the “Company”), located at 2650 E. Imperial Highway, Suite 300, Brea, CA, 92821, provides its Services (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 careersmart.com, careersmart.absorbtraining.com, or any other Company websites, applications, or online services that link to this Agreement, including, without limitation, the Company’s Learning Management System (collectively, “the Website”). By accessing the Website, by clicking “Submit” on any forms from the Website, and/or using the continuing education and training services (“Services”) provided by Company based on User’s interaction with 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 Services in any manner whatsoever.
Definitions. The following definitions apply within this Agreement:
- “Acceptance” means that User accepts and agrees to be bound by 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 information located on the Website or provided to User separately as a result of interaction with the Website.
- “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, SCORM, .story or other proprietary formats, which may be included in the course of business-to-business service delivery and User interaction with the Website.
- “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 create and utilize, along with their Username, to access certain pages located on the Website and certain Website Content.
- “Username” means the name User shall create and utilize, along with their Password, to access certain pages located on the Website and certain Website Content.
- “Courses” means continuing education and other educational courses/content provided by the Company through the Services on the Website.
- “Website Content” means Educational Content and all information, data, text, software, music, sound, photographs, graphics, video, messages, meta data, or other materials presented on or otherwise available on the Website.
- “User Generated Content” means Website Content that is created, uploaded, provided, posted, or otherwise made available by users of the Website. (For example, a user may provide Company with a Testimonial or Review that is displayed on the Website).
Access. User acknowledges that issues related to the traffic of data through the Internet and User’s connection to the Internet may cause delays during the download of information or Website Content. 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/or User’s connection to the Internet, 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 Services (or any parts 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 Services or the Website. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Registration. In consideration of User’s use of the Services, User represents that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. User also agrees to: (a) provide true, accurate, current and complete information about themself as prompted by the Services’ registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate User’s account and refuse any and all current or future use of the Services, or any portion thereof. User further acknowledges and agrees that all information provided by User is governed by Company’s Privacy Policy.
CE Broker. Certain state boards use CE Broker to find, track, and approve continuing education/contact hours. As an education provider, the Company reports to CE Broker on User activity in applicable states at the close of each calendar month. For this reporting, the User’s name, state, and license number are required. It is the responsibility of the User to provide the Company this information and keep it up to date. If User does not provide this information, the Company may be unable to complete reporting to the appropriate state boards via CE Broker. User is also responsible for confirming reporting has been received by the appropriate boards and that all applicable requirements have been met.
NAB. NAB CE Providers must report completed CEs to the National Association of Long-Term Care Administrator Boards (NAB) CE Registry within 30 days of the completion date or “no attendance” to avoid suspension. For this reporting, the User’s name, state, and NAB ID are required. It is the responsibility of the User to provide the Company this information and keep it up to date. If User does not provide this information, the Company may be unable to complete reporting to NAB. User is also responsible for confirming reporting has been received by the appropriate boards and that all applicable requirements have been met.
Accreditation Adherence. CareerSmart Learning has reasonable processes in place to comply with the requirements imposed by the various applicable accrediting bodies for our courses. With that being said, users are responsible for knowing their license and certification requirements, ensuring they meet their state requirements, and tracking any changes that are made by the accrediting bodies that set the standards applicable to their profession. CareerSmart Learning is not responsible for the following: incorrect course purchases and completion, incorrect submission to the licensing and/or accrediting agency, submitting course completions on your behalf (unless otherwise noted for CE Broker or NAB), or successful completion of any renewal applications.
Auto-Payment and Auto-Renewal. By subscribing to the Services, you authorize the Company to charge your payment method on a recurring annual basis, unless, prior to the renewal date, you terminate your subscription in accordance with our cancellation policy. Failure to keep your payment information up to date may impact your use of the Services.
Subscription, Billing, and Cancellation.
Subscription
- Ongoing Subscription: CareerSmart Learning offers a customizable annual subscription, starting at $150.00/year, with an additional $50.00 per year for up to two (2) additional accreditation requirements ($250.00/year). Your CareerSmart Learning subscription will last one (1) year from the date of purchase. You must have Internet access and provide CareerSmart Learning with a current, valid, accepted method of payment (which may be updated from time to time, “Payment Method”) to use the CareerSmart Learning service. We will bill the subscription fee to your Payment Method. You must cancel your subscription before it renews, after one year, if you wish to discontinue services and avoid billing of the next installment’s subscription fees to your Payment Method.
Billing
- Recurring Billing: By starting your CareerSmart Learning subscription and designating a Payment Method and recurring billing, you authorize us to charge you an annual subscription payment at the current rate. Any discount applied to your subscription, if applicable, will be temporary and considered redeemed upon use and billing. Renewal of subscriptions shall be at CareerSmart Learning’s then-current rate, without any discount. You acknowledge that the amount billed each year may vary for reasons that may include changing or adding to the plan to which you initially subscribed, and you authorize CareerSmart Learning to charge your Payment Method for such varying amounts.
- Price Changes: We reserve the right to adjust pricing for our service(s) or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following notice to you.
- Billing Cycle: The subscription fee for our service will be billed at the beginning of your subscription and annually on your renewal date thereafter unless and until you cancel your subscription. We automatically bill your Payment Method on your renewal date. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, as indicated below, if your Payment Method has not successfully settled. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, “installment period” refers to your billing cycle.
- Payment Methods: You may edit your Payment Method information through your account on the CareerSmart Learning website. If a payment is not successfully settled, due to Payment Method expiration, insufficiency of funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, once it is updated, or you agree to promptly pay all such uncollected amounts by another method. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other applicable fees. Check with your Payment Method service provider for details. CareerSmart Learning is not responsible for any fees charged by the learner’s service provider.
- Cancellation: You may cancel your CareerSmart Learning subscription at any time through your account. Your subscription may be cancelled and refunded within 30 days of purchase if you have completed no more than 3.0 contact hours (CEs/CEUs) obtained with your current subscription. If more than 3.0 contact hours have been completed during the first 30 days of your subscription, then your subscription cannot be cancelled until the time of your next renewal (12 months from the date of purchase). Please note that upon cancellation and/or expiration of your 12-month subscription, you will no longer have access to additional CE courses or Learning Management System (LMS) subscription-related resources including: state accreditation information articles, subscription-exclusive blogs, or discussion spaces. You will retain access to your account and transcripts, including any previously attained certificates related to your CareerSmart Learning profile, as well as the products and services purchased, for the duration of your 12-month subscription term.
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:
- Online/Web-based Courses:
All web-based CE courses and/or CE Subscription purchases are non-refundable, except where otherwise noted. 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 in 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.
- Consulting Services:
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% 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.
- Refund Processing:
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. Cancellations over 60 days from purchase, or less than 10 days prior to an event, are not eligible for refunds.
User Account. User is responsible for maintaining the confidentiality of User’s account, Username and Password and for restricting access to User’s computer. Further, User agrees to be responsible for all activities that occur under User’s account or Username. The Company will not be liable for any losses incurred by User caused by any unauthorized use of User’s account; however, User will be liable for any losses of the Company or any third party due to such unauthorized use. The Company reserves the right to refuse service, terminate accounts, and remove or edit content without prior notice and in its sole discretion. The Company may also access, use and disclose information regarding User’s use of the Services, including Registration Data and other account information (i) as permitted by applicable law; (ii) to enforce or apply the Company’s Terms of Service and/or the Company Privacy Policy A; (iii) to initiate, render, bill and collect for Services; (iv) to protect the Company’s rights or property and those of the Company’s other users, affiliates, and providers of Educational Content; (v) to protect Users of the Service and the Website from fraudulent, abusive, or unlawful use of, or subscription to, the Services or the Website; and (vi) for other legitimate business purposes. User represents that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. User also agrees to: (a) provide true, accurate, current and complete information about themself when setting up a user account and (b) maintain and promptly update account information to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend, limit, or terminate User’s account and refuse any and all current or future use of the Services, or any portion thereof. User further acknowledges and agrees that all information provided by User is governed by Company’s Privacy Policy.
Rules of Conduct. User is responsible for all Website Content that User uploads, posts, emails, transmits or otherwise makes available via the Services. The Company does not control third-party Website Content or User Generated Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such content. User understands that by using the Services, 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 the Services. This provision limiting liability is void, inapplicable, and unenforceable within the State of New Jersey.
We have no obligation to monitor the User Generated Content. However, we reserve the right in our sole discretion to review all activity and materials related to User Generated Content and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the features of the Website at any time without notice for any reason whatsoever. Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
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, 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;
· 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;
· Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website;
· Use any robot, spider, other automatic device, scraping process, or manual process to monitor or copy the Website or the contents or information contained therein without our prior express written consent; or
· Copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Website without our prior express written consent or that of the appropriate third party.
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).
Contributions to Website. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to the Company through its suggestion, feedback or Contact Us 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 through the Contact Us page on the Website and also through the exchange of Referral Data. Submission of Comments is voluntary. Any Comments submitted shall be our exclusive property. The act of submitting Comments will serve as an assignment to Company 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, as applicable, 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, as further described above, 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 and Services being provided, customer service, comments submitted, job inquiries, and promotion or solicitation of future business-to-business service transactions.
Disclaimers.
3. 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. Such materials do not reflect the opinions of the Company or an endorsement by the Company. The Company is not responsible or liable to Users or any third party for the content or accuracy of any materials provided by third parties.
4. If the Website provides 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 the sites or resources to which such links direct 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 risk and subject to the terms and conditions of use for such websites.
5. 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.
6. 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.
7. Webinars and other live, virtual classroom trainings may be recorded by CareerSmart Learning for internal quality control purposes and may also be rebroadcast as webcast style online continuing education offerings on the CareerSmart Learning platform. Participants/Learners are not authorized to record webinars or live presentations without the express permission of CareerSmart Learning.
If the Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. 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 risk and subject to the terms and conditions of use for such websites. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any such site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Website.
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.
No Warranties.
- 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.
ARBITRATION AND WAIVER OF CLASS ACTION. EXCEPT AS THE TERMS OTHERWISE PROVIDE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICPIATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
Arbitration. Arbitration uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in this Terms of Service and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court, such as access to discovery, may be unavailable or limited in arbitration.
Any dispute, controversy or claim between you and the Company, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Company”) arising out of or relating to these Terms, the Website, or the Services (collectively “Dispute”) shall be settled by final and binding arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879, or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”).
All Disputes shall be governed by the laws of the State of California, without regard to principles of conflict of laws. If there is a conflict between the AAA Rules and this arbitration clause, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
Process. You agree to first try to resolve the Dispute informally by contacting us in writing at 2650 E. Imperial Highway, Suite 206 Brea, CA 92821. If the Dispute is not resolved within 60 days of submission, you agree that you or the Company may initiate arbitration.
Notwithstanding the foregoing, in lieu of arbitration:
- you or the Company may assert a claim in small claims court in the United States if your claim qualifies, provided that it is brought and maintained solely as an individual claim; and
- you or the Company may assert a claim in court to enjoin infringement or other misuse of intellectual property rights.
The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and the Company.
To initiate the arbitration process, send a letter to the AAA and to the Company, 2650 East Imperial Highway with a request for arbitration and a description of your claim. You may also send a copy to the AAA online at https://www.adr.org. The AAA’s rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.
Arbitration may be conducted at a location that is reasonably convenient for you. Upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitrator will follow these Terms of Service and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Terms of Service. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
You agree that this arbitration section shall apply to any dispute or claim with other parties arising out of or relating to the Agreement or Website, including the determination of the scope or applicability of this section, regardless of the date of accrual, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.
Jury Trial and Class Action Waiver. IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE.
Except as the Terms otherwise provide, you waive the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You also agree that you may only resolve Disputes with the Company on an individual basis and may not assert a claim as a plaintiff or a class member in a class action, class-wide arbitration, consolidated or representative action, and expressly waive your right to file a class action or seek relief on a class basis.
The arbitrator may award declaratory or injunctive relief to you only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Other. If any portion of this ARBITRATION AND WAIVER OF CLASS ACTION clause is determined by a court to be inapplicable or invalid, the remainder of the clause shall still be given full force and effect.
To the extent that any other provision of the Terms is found to be inconsistent with rights, duties, and requirements of this ARBITRATION AND WAIVER OF CLASS ACTION clause, or where the application of such a provision would change or render unenforceable any part of this arbitration clause, such provision shall be null and void and the terms of this ARBITRATION AND WAIVER OF CLASS ACTION clause shall control.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
Termination. User agrees that the Company may, under certain circumstances and without prior notice, immediately terminate User’s 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 Services (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. 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 access to the Services.
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.
Modification. The Company reserves the right to update or modify this Agreement or the Privacy Policy from time to time. Further, Company may offer additional services that are governed by different terms of service. We will provide Users notice of material changes through a message on the Website or via email associated with the User account. A User’s continued use of the Website following such notice means that user has accepted and agreed to the changes. User is expected to maintain current contact information and should check this page from time to time so that User is aware of any changes.
Entire Agreement. This Agreement constitutes the entire agreement between User and the Company and governs 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.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Electronic Signature. You represent and warrant that you have the legal right, power, and authority to enter into this Agreement on behalf of yourself. You further agree that your use of the Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated the Agreement and acknowledged and agreed that the Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
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 inquiries@isyscm.com. You may also contact us by writing to CareerSmart Learning. P.O. Box 189, Brea, CA 92822 or by calling 800-992-8100. 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.
DMCA Notice. Unless expressly stated otherwise, the content included on the Website, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the copyrighted property of the Company or its licensors or suppliers. This content is protected by federal copyright and trademark laws, as well as the applicable laws of other jurisdictions. No right, title, or interest to the content is granted by your use of the Website, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular site to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Website, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use without the Company’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Website (or any part of its content) is strictly prohibited.
The Company respects the intellectual property rights of third parties. The Company responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not the Company believes that it is liable for any copyright infringement for which we are provided notice, the Company’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Website, in the Company’s sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:
ISYS Solutions, Inc. and CareerSmart Learning
Attn: Human Resources Vice President
2650 E. Imperial Highway, Suite 300 Brea, CA 92821 or PO Box 189 Brea, CA 92822
Email: inquiries@isyscm.com
with the following information:
- Your name, address, telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and where it is located on the Website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
- A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
- Your written or electronic signature attesting to the above.
If your content has been removed from the Website in response to the Company’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting us using the information above with the following information:
- Your name, address, telephone number and email address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for the Company would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
- A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your written or electronic signature attesting to the above.
How to Contact Us. If you have any questions regarding these Terms, you may contact us at:
ISYS Solutions, Inc. and CareerSmart Learning
2650 E. Imperial Highway, Suite 300 Brea, CA 92821 or PO Box 189 Brea, CA 92822
Email: inquiries@isyscm.com
Attn: Human Resources Vice President