PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE
CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of
Service Agreement (the "TOS") is a legally binding agreement that
shall govern the relationship with our users and others which may interact or
interface with mycareergist.com and our subsidiaries and affiliates, in
association with the use of the website, which includes mycareergist.com
(the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE
SERVICES OFFERED
The Site is which has the following description:
Any and all visitors to
our site shall be deemed as "users" of the herein contained
Services provided for the purpose of this TOS.
The user acknowledges
and agrees that the Services provided and made available through our website
and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of mycareergist.com. At
its discretion, mycareergist.com may offer additional website Services
and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise
stipulated. mycareergist.com does hereby reserve the right to cancel and cease
offering any of the aforementioned Services and/or products. You, as the end
user acknowledge, accept and agree that mycareergist.com shall not be
held liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of
the Services provided, after such posting of any updates, changes, and/or
modifications shall constitute your acceptance of such updates, changes and/or
modifications, and as such, frequent review of this Agreement and any and all
applicable terms and policies should be made by you to ensure you are aware of
all terms and policies currently in effect. Should you not agree to the
updated, revised or modified terms, you must stop using the provided Services
forthwith.
Furthermore, the user understands,
acknowledges and agrees that the Services offered shall be provided "AS
IS" and as such mycareergist.com shall not assume any responsibility
or obligation for the timeliness, missed delivery, deletion and/or any failure
to store user content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE
AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature
of the internet, through the use of our network you hereby agree to comply with
all local rules relating to online conduct and that which is considered
acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our
network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be
identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may
be part of an export-prohibited country identified in applicable export and
import laws and regulations;
b) agree not to transfer
any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military,
nuclear, missile, chemical or biological weaponry end uses that would be a
violation of the U.S. export laws; and
d) agree not to post,
transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE
AVAILABLE FOR COMPANY SERVICES
Mycareergist.com shall
not lay claim to ownership of any content submitted by any visitor or
user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for mycareergist.com the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the
publicly accessible areas of this sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing.
b) Photos, audio, video
and/or graphics submitted or made available for inclusion on the publicly
accessible areas of this sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made
available for viewing.
c) For any other content submitted or made available for inclusion on
the publicly accessible areas of this sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be
deemed "publicly accessible" areas of this sites are those such
areas of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly
available to users.
CONTRIBUTIONS TO COMPANY
WEBSITE
Mycareergist.com provides
an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or
proprietary information;
b) mycareergist.com shall
not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) mycareergist.com shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d) the contributor's
Contributions shall automatically become the sole property of mycareergist.com
and
e) mycareergist.com is under no obligation to either compensate
or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold mycareergist.com, our
subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a user of our site may submit,
post, modify, transmit or otherwise make available through our services, the
use of mycareergist.com services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any
such rights of another person.
COMMERCIAL REUSE OF
SERVICES
The user herein
agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for
any commercial reason any part, use of, or access to this sites.
MODIFICATIONS
Mycareergist.com shall
reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or
business dealings with, or the participation in any promotions of, advertisers
located on or through our Services, which may include the payment and/or
delivery of such related goods and/or Services, and any such other term,
condition, warranty and/or representation associated with such dealings, are
and shall be solely between you and any such advertiser. Moreover, you herein
agree that mycareergist.com shall not be held responsible or liable for
any loss or damage of any nature or manner incurred as a direct result of any
such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either mycareergist.com
or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability
of any such external sites or resources, and as such, we do not endorse nor are
we responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that mycareergist.com shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby
acknowledge and agree that mycareergist.com‘s Services and any essential
software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by mycareergist.com or
such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on mycareergist.com Services
(e.g. Content or Software), in whole or part.
Mycareergist.com herein
has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such
right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the
purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by mycareergist.com for
use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY
ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES
THAT (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION
OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR
INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT
MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.
SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING
SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF
ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a
dispute, you agree to release mycareergist.com (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SPECIAL ADMONITION
RELATED TO FINANCIAL MATTERS
Should you intend to
create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock
quotes, investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware"
is appropriate. mycareergist.com's content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. Mycareergist.com
and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading
and/or investment decisions based on any such information.
EXCLUSION AND
LIMITATIONS
THERE ARE SOME
JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY
BENEFICIARIES
You herein acknowledge,
understand and agree, unless otherwise expressly provided in this TOS, that
there shall be no third-party beneficiaries to this agreement.
NOTICE
Mycareergist.com may
furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the TOS by accessing our
Services in an unauthorized manner. Your acceptance of this TOS constitutes
your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge,
understand and agree that all of the mycareergist.com trademarks,
copyright, trade name, service marks, and other mycareergist.com logos
and any brand features, and/or product and service names are trademarks and as
such, are and shall remain the property of mycareergist.com. You herein
agree not to display and/or use in any manner the mycareergist.com logo
or marks without obtaining mycareergist.com's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS NOTICE
& PROCEDURES
Mycareergist.com will
always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole
discretion, mycareergist.com may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of the individual that is
authorized on behalf of the owner of the copyright or other intellectual
property interest;
b) A description of the
copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has
been infringing upon your work;
d) Your physical address,
telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use
of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
CLOSED CAPTIONING
BE IT KNOWN, that mycareergist.com complies
with all applicable Federal Communications Commission rules and regulations
regarding the closed captioning of video content. For more information, please
visit our website at www.mycareergist.com.
GENERAL INFORMATION
ENTIRE
AGREEMENT
This TOS constitutes the
entire agreement between you and mycareergist.com and shall govern
the use of our Services, superseding any prior version of this TOS between you
and us with respect to mycareergist.com Services. You may also be subject
to additional terms and conditions that may apply when you use or purchase
certain other mycareergist.com Services, affiliate Services, third-party
content or third-party software.
CHOICE
OF LAW AND FORUM
It is at the mutual
agreement of both you and mycareergist.com with regard to the TOS
that the relationship between the parties shall be governed by the laws of the
state of mycareergist.com without regard to its conflict of law
provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and mycareergist.com, shall be filed within the
courts having jurisdiction within the County of mycareergist.com, or
the U.S. District Court located in said state. You and mycareergist.com agree
to submit to the jurisdiction of the courts as previously mentioned, and agree
to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER
AND SEVERABILITY OF TERMS
At any time, should mycareergist.com fail
to exercise or enforce any right or provision of the TOS, such failure shall
not constitute a waiver of such right or provision. If any provision of this
TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
STATUTE
OF LIMITATIONS
You acknowledge,
understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS
must be filed within year(s) after said claim or cause of action arose or
shall be forever barred.
VIOLATIONS
Please report any and
all violations of this TOS to mycareergist.com.com as follows:
Mailing Address:
No 24 Ganiyat Street
Alahun Osumba Estate
Maza Maza
Lagos, Nigeria
Telephone: +23407037103883
Email:
omena.onoriode@gmail.com
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