Content; Use of the Service
Career Boss operates this site based in Utah, USA, and this website is intended primarily for use in the USA but maybe accessed by a global audience. Use of the services is subject to national laws in your country and Career Boss cannot be held liable for any claims. Using this site with a VPN (Virtual Private Network maybe illegal in your country and the Career Boss takes no responsibility for your actions.
1.2. Content. For purposes of these Terms, “Content” includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, interactive features, and any other media generated, provided, or otherwise made accessible by Career Boss, its content providers or other partners, or other Users through the Service. Content includes all User Submissions, as defined in Section 2.2 below.
1.3. Ownership of Materials. Content is provided by Career Boss unless indicated otherwise. With the exception of User Submissions, all Content is the property of Career Boss and is protected by federal and international intellectual property laws and treaty provisions. You must abide by all intellectual property notices, information, and restrictions contained in any such Content. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or User Submissions (i) without the express written consent of the respective owners, and (ii) in any way that violates the rights of any third party.
1.4. Trademarks. “Career Boss,” “Career Boost,” “Career Lens,” “Career Staircase,” “Career Results Map,” “Career Boss Map,” and all other trademarks used in connection with the Service, including the Career Boss and Career Boost logo, are trademarks of Career Boss and Jeff Adcock, LLC.
1.5. Use License. Unauthorized use of Content or information made available through the Service may violate patent, copyright, trademark, and other laws. Your use of the Service and Content is pursuant to a limited-use license (“License”), not a transfer of title, and is subject to the following restrictions:
1.5.1. You may not modify Content or use it for commercial purposes or for public display, performance, sale or rental;
1.5.2. You may not decompile, reverse engineer, disassemble or make derivative works of Content;
1.5.3. You may not remove confidentiality, privacy, patent, copyright, trademark or other proprietary notices from Content;
1.5.4. You may not transfer Content to another person or entity in manners inconsistent with these Terms and other Career Boss policies.
1.5.5. You may not facilitate or permit unauthorized copying of Content or information made available by the Service.
1.6. Termination of this Use License. You or Career Boss may terminate your License at any time. You agree that upon termination of your License you will immediately (a) stop using the Service, and (b) destroy all Content in your possession, if any, other than any User Submissions submitted by you.
1.7. Conditions to Use. The Service is offered and available to users who are 16 years of age or older. By using the Service, you represent and warrant that you are 16 years of age or older. If you are not 16 years of age or older, you must not access or use the Service. Certain features of the Service are only available to registered members of Career Boss (each, a “User”). As a User, you may not allow third parties to access the Service using your account. You are personally responsible for any use of the Service through your account, whether by you or a third party. Providing wrong or fraudulent information including date of birth amounts to misrepresentation and is unlawful under law of USA and other jurisdictions.
1.8 You as a User to the site whether a student, coach, company, client or any association of persons acknowledge that you have a single use license. Please refer to Section 6.2 for more details.
User Submissions and User Information
2.2. User Submissions. The Service may allow you to upload, submit, disclose, distribute or otherwise post (referred to collective hereafter as “posting”) multimedia content, including video, audio, text, data, photographs, software, scripts, graphics, works of authorship or other information (collectively referred to as “User Submissions”). You own all rights, title and interests in and to all User Submissions you provide. User Submissions are non-confidential and are the property of the originating User. By posting User Submissions through the Service, you agree to the following:
2.2.1. You grant Career Boss and Jeff Adcock, LLC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (hereinafter “use”) your User Submissions in connection with the Service and any business of Career Boss and its successors and assigns. You also grant each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use such User Submissions as permitted by the functionality of the Site and the Service and in accordance with these Terms.
2.2.2. You represent and warrant that you own or otherwise control all rights necessary to post your User Submissions and that disclosure and use of such User Submissions by Career Boss (including without limitation, publishing content on the Site) will not infringe or violate the rights of any third party.
2.2.3. You understand (1) that Career Boss has the right to reformat, excerpt, or translate your User Submissions or any portion thereof; (2) that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated; and (3) that Career Boss cannot guarantee the identity of Users with whom you interact while using the Service or the authenticity of any data posted by such Users.
2.2.4. You warrant that your User Submissions do not and will not contain the Personal Information of any third party.
2.2.5. You warrant that your User Submissions do not contain misleading, false, or inappropriate language or statements.
Career Boss does not endorse any User Submissions. Career Boss has the right, but not the obligation, to monitor the Site, Service, Content, and User Submissions. Career Boss may remove any User Submission at any time, for any reason or for no reason at all. Career Boss will consider requests to remove User Submissions on a case-by-case basis upon request by the originating User.
2.3. Copyright Infringement. If you believe that any User Submissions violate your copyright, please see Career Boss’ Copyright Policy, available at www.careerboss.io/copyright-policy, for instructions on sending us a notice of copyright infringement. It is the policy of Career Boss to terminate the user accounts of repeat infringers.
Career Boss Code of Conduct
3.1. Posting Policy. You may not upload, post, submit or otherwise distribute or facilitate distribution of any improper or unlawful Content or communications on or through the Service, including but not limited to Content that does any of the following:
3.1.1. violates local, state, national, or international laws or regulations;
3.1.2. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any third party;
3.1.3. is unlawful, threatening, abusive, harassing, pornographic, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
3.1.4. constitutes unauthorized or unsolicited advertising, junk email or bulk email (i.e., “spamming”);
3.1.5. involves sales or commercial activities not expressly authorized by Career Boss (e.g., contests, sweepstakes, barter, advertising, or pyramid schemes);
3.1.6. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Career Boss or any third party;
3.1.7. violates the privacy other Users or that of any third party; or
3.1.8. impersonates any person or entity, including, but not limited to, Career Boss or any employee or representative thereof.
3.1.91. Defames, abuses, harasses in any form, harms, stalks, threatens or otherwise violates the legal rights (including without limitation rights of privacy and publicity) of others. You must not create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
3.2. Use of Infrastructure. You may not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of Career Boss or its third party providers (as determined by Career Boss in its sole discretion); (ii) interfere or attempt to interfere with the proper working of the Site or Service or any activities conducted thereon; (iii) bypass any measures Career Boss may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or spam on the Service; or (v) use manual or automated software, devices, or other processes to crawl or scrape data from the Service.
3.3. Other restrictions. You may not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
Links to External Resources
The Service may provide links or permit you and other Users to link to other websites or resources on the Internet. These other websites or resources are not under Career Boss’s control, and Career Boss is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any information, goods or services available through any such website or resource. When you access a third-party website or resource, you do so at your own risk. The inclusion of a link to any website or resource does not imply endorsement by or affiliation with Career Boss. Career Boss reserves the right to disable or remove any link for any reason or for no reason at all.
Warranties, Disclaimers, and Liability
5.1. General Disclaimers. Career Boss has no fiduciary duty to you. You acknowledge that Career Boss has limited control over who gains access to the Service; what Content you access via the Service; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You alone are responsible for your use of the Service and the consequences thereof.
Career Boss provides the Service (including, without limitation, the Site and Content) “as is” without warranty of any kind, express or implied. To the fullest extent permitted by law, Career Boss hereby disclaims all warranties, express, implied, statutory or otherwise, whether oral or written, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Without limiting the foregoing, Career Boss and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Site will be secure or available at any particular time or location; (b) any defects or errors can or will be corrected; (c) any Content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Site and Service is solely at your own risk.
5.2. Limitation of liability. If, notwithstanding the other provisions of these Terms, Career Boss and Jeff Adcock, LLC should have any liability to you or any third party for any loss, harm or damage, you and Career Boss agree that such liability will under no circumstances exceed $500.00. You and Career Boss agree that the foregoing limitation of liability is an agreed allocation of risk between you and Career Boss. You acknowledge that absent your agreement to this limitation of liability, Career Boss would not provide the Service to you.
5.3. Indemnification. You agree to defend, indemnify, and hold harmless Career Boss, Jeff Adcock, LLC, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability including, without limitation, reasonable attorneys’ fees, incurred as a result of (i) your breach of these Terms, (ii) your unauthorized or unlawful use of the Service, or (iii) the unauthorized or unlawful use of the Service by any person using your account.
Confidentiality/Non Disclosure and Intellectual Property.
DISCLOSURE AND USE OF INFORMATION
You hereby agree and covenant that:
I (“RECEIVING PARTY”) shall not disclose to anyone outside of Career Boss
(“DISCLOSING PARTY”), or sell, or use in other than Disclosing Party’ business, any information, data or material, of Disclosing Party, whether designated as confidential or not, including but not limited to any information, knowledge or material which relates to Disclosing Party’ Proprietary rights such as patents, trademarks, copyrights, designs, etc., and/or which otherwise relates to Disclosing Party’ business, manufacturing methods, processes, techniques, products, trade secrets, formulae, engineering, programming, research of Systems and/or matter relating to administrative, finance, corporate or legal affairs of Disclosing Party’, and Confidential Information and Materials received by Disclosing Party’ from clients of Disclosing Party’ and from third parties, and made available to me.
Moreover, any information must not be disclosed which pertains but not limited
to, software products, software source code or any related codes in all formats, business plans, financial statements, customers or users, client’s lists/data/contact info, analytical data, documentation, and correspondences that have not otherwise been made publicly (all of which hereinafter in all clauses above is collectively referred to as “Confidential Information and Materials”), either during or after my association with Disclosing Party’, except with Disclosing Party’’ written permission. The Parties agree hereby that Confidential Information needs not to be novel, unique, patentable, copyrightable or constitutes a trade secret in order to be designated Confidential Information and Materials and therefore protected.
Thus, copying, transmitting or disclosing of any of the aforementioned
6.2 Career Boss grants you permission (which may be revoked at any time for any
reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Career Boss, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Career Boss reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Career Boss. You may like or follow Career Boss or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by Career Boss or by content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Career Boss discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Career Boss” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Career Boss uses in connection with its products and services. You may not remove or alter any Career Boss Trademarks, or co-brand your own products or material with Career Boss Trademarks, without Career Boss' prior written consent. You acknowledge Career Boss' rights in Career Boss' Trademarks and agree that any use of Career Boss Trademarks by you shall inure to Career Boss’ sole benefit. You agree not to incorporate any Career Boss' Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by Career Boss on the Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
7.1. Notice. Career Boss may give notice required or permitted to be given hereunder via email or a post on the Site and will be effective immediately.
7.2. Entire Agreement; Amendment. These Terms and any documents incorporated herein constitute the entire agreement between you and Career Boss with respect to the subject matter hereof. Career Boss reserves the right to amend the provisions of these Terms at any time, provided that Career Boss will notify you of any such amendment by email or by notice posted on the Site. All such amendments are effective immediately when posted, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of any such amendment means that you accept and agree to such amendment.
7.3. Governing Law; Venue. These Terms will be governed and construed under the laws of the State of Utah, without regard to its conflict of laws provisions or the United Nations Convention on the International Sale of Goods. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah. All disputes and/or legal proceedings related to these Terms will be maintained in courts located in Salt Lake County, Utah.
7.4. Waiver/Severability. The waiver or failure of Career Boss to exercise any right in any respect provided for herein will not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms will remain enforceable.
7.5. Assignment. Career Boss may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without Career Boss’s prior written permission. Any attempt to assign your rights under these Terms without Career Boss’s permission will be void.
7.6. Force Majeure. Career Boss will not be liable for any failure or unavailability of the Site and/or the Content or failure by Career Boss to provide the Service as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Career Boss’s control.
7.7. Headings. The headings of articles and sections contained in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement.
7.8. Injunctive Relief. You acknowledge and agree that the breach by you of any covenant or obligation under these Terms will cause Career Boss substantial, immediate and irreparable harm, or that the extent of damages caused by any violation of these Terms would be impossible to ascertain, and that there is no adequate remedy at law in the event of such breach. Accordingly, you agree that Career Boss shall be entitled to injunctive relief, without prejudice to any other right Career Boss may have in law or equity, by bringing an appropriate action for such remedy in any court of competent jurisdiction which Career Boss, in its sole discretion, deems appropriate.
Career Boss and Jeff Adcock, LLC
Attn: Customer Service
843 Canterbury Ln
Alpine, Utah 84004