Legal

IMPORTANT - PLEASE READ CAREFULLY:

SITE LICENCE AGREEMENT FOR CAREERS BY THE PEOPLE.COM SUBSCRIPTION SERVICES

This is a binding legal agreement between Careers by the People.com (“the Licensor”) and the organization intending to license the Careers By The People Service (the "Service"). In exchange for the annual subscription fee, we grant the Subscriber, Its Administrators and End Users a limited right to use the Service. The Service includes access to our website (www.careersbythepeople.com), If the Subscriber accesses, installs or otherwise uses the Service, that means the Subscriber is agreeing to be bound by this Site Licence Agreement. If the Subscriber doesn't agree, the Subscriber may not use or copy any of it.

Careers By the People is sold on a site license basis. A site is defined in Paragraph 1.4 below. Under the terms of this site license, you can use Careers By the People on all of the computers at one site. In addition, students, clients, or patrons of a Subscriber can login into the Careers By the People Portal via their schools portal from their homes or wherever they have access to the internet.

We may make changes to this agreement at any time in the future. Any changes become effective when the subscription is renewed. It is the Subscriber's responsibility to check the new agreement on renewal, because that's what will apply. It will be posted at Careersbythepeople.com

TERMS AND CONDITIONS:

1.0 Definitions

1.1
"End User(s)" means employees, faculty, staff, students or clients officially affiliated with the Subscriber organization.

1.2
"Invoice" means the invoice Licensor faxes, mails or emails to the Subscriber which sets out the subscription fees negotiated between the Licensor and the Subscriber as well as any special conditions that apply to the subscription.

1.3
"Personal Information" is information about an End User that is personally identifiable like a name, address, email address, or phone number, and that is not otherwise publicly available.

1.4

“Portal” means the (Mike, I need a definition of Portal).

1.5
"Site" means:

(i) in the case of a (K to 12) school or library, any one or more buildings that are a part of a single postal address and serviced by one principal, administrator or similar administrative officer and shall include any one or more computer workstations located within those buildings. If the school has additional campuses using a different postal address, then each campus would count as a separate site ;

(ii) in the case of a post-secondary institution any one or more departments of that post-secondary institution which shall be in any one or more buildings that are a part of a single address and serviced by one principal, administrator or similar and shall include any one or more computer workstations located within those departments;

(iii) in the case of a business or entity other than a school shall mean the Subscriber's normal place of business, at one address, and shall include any one or more computer workstations located within that place of business.

1.6 "Site Administrator(s)" means any teacher, administrator or other professional, of the legal age of majority, located at a Site. Each Site Administrator must also be an End User.

TERMS AND CONDITIONS:

2.0 Use Licence

2.1
We grant the Subscriber the right to use the Service for the term of this agreement. The Subscriber can use the Service with an unlimited number of End Users, on all the computer workstations at the Subscriber's Site. This is not an exclusive right and it can't be transferred to others.

2.2
End Users can access the Service from the Portal. In addition, End Users may access the Service from their home computers.

2.3 The service and any related documentation and materials may only be used for personal, non-commercial, educational purposes.

2.4
This is a grant of a license, not a transfer of title, and under this license neither the Subscriber nor any End User is permitted to copy, post, modify, transmit or use the Service, including its content, in any manner not expressly authorized by this Site License Agreement.

3.0 Ownership

3.1
The Service, including all text, photographs, and other content, is protected by copyright laws. Unauthorized use of the Service may violate copyright, trade-mark and other laws. If the Subscriber copies any part of the Service or Documentation, copyright notices must be reproduced.

3.2
The Subscriber must make its best efforts to prevent any illegal use of the Service by Site Administrators, other End Users, or anyone else associated with the Subscriber's Site. The Subscriber is solely responsible for the security of its username and password and for all access to the Service by means of its username and password.

3.3
The Subscriber shall not publish any usernames or passwords on on the World-Wide Web or in any other publications that can be accessed by the public at large.

4.0 Portfolio Tool and Privacy

4.1
It is our policy to respect the privacy of End Users. Under no circumstances do we rent or sell End User lists or Personal Information to any third party. Nor do we share such information with any third party, except when required to in order to satisfy a particular law, regulation, legal process, law enforcement or governmental request. Accordingly, we must reserve the right to monitor, review, retain or disclose any information as necessary under those circumstances.

5.0 Subscription Fees

5.1
The Subscriber agrees to pay us the applicable subscription fees as indicated on the invoice the Subscriber receives from us.

5.2
Subscriber shall pay the annual fee in advance by valid credit card.

5.3
If the Subscriber agrees to a multiple year subscription and thereby receives discounted subscription fees, but then terminates the subscription early, then the Subscriber must pay in full,

6.0 Limitation of Liability

6.1
While we have made extensive efforts to ensure that the content included in the Service is accurate, we cannot guarantee that the information is free of errors or omissions. Nor can we guarantee that it will achieve any specific purpose. We do not promise that the Service will be compatible with every Internet browser or with every workstation. And we cannot guarantee that the Service will be uninterrupted or error-free or that the Service and its server will always be free of computer viruses or other harmful mechanisms. The links we provide to other Web sites are for the Subscribers' convenience; we do not control or endorse them and we are not responsible for their content. In other words, WE ARE PROVIDING THE SERVICE TO THE SUBSCRIBER "AS IS", WITHOUT WARRANTEES OF ANY KIND. WE DISCLAIM AND SUBSCRIBER WIAVES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED.

6.2
We are not liable for any type of damages arising out of the use of or inability to use the Service. The Subscriber agrees that our liability to Subscriber, any End User or any other person for any kind of damages, no matter what they are or who caused them, will not exceed the Subscription Fees paid to us by the Subscriber during the current subscription term. This provision will apply to the maximum extent permitted by law.

7.0 Rights of Licensor

7.1
We can add or subtract services, features and information from any portion of the Service provided on the Internet, without warning. However, notification of any such changes will be provided by notices posted prominently within the Service.

7.2
Any rights not expressly provided for in this agreement are reserved to us.

8.0 Termination of Agreement

8.1
This Site Licence Agreement shall immediately terminate without notice or any other act upon:

(i) Subscriber's failure to pay any subscription fee or renewal fee when due; (ii) the attempted illegal copying, distribution, transfer, assignment, lease or sale of the Service, or rights thereto, without the prior written consent of the Licensor; (iii) notice in writing given by one party to the other upon the violation by that party of any provision of this Agreement.

8.2
Upon termination of this Site Licence Agreement, the Subscriber and each End User will cease using the Service. Use of the Service following termination may result in additional fees and charges being levied against the Subscriber.

9.3
The Subscriber acknowledges that the Service is provided on a subscription basis only and that any portion of the Service may become inoperable on expiration of the Term.

9.4
Paragraphs 1, 3, 4, 7, 7.2, 8, 9, 10, and 11 will continue even after the termination or expiration of this Site Licence Agreement.

9.0 Indemnity

9.1
If a third party makes a legal claim against us as a result of the use of the Service by Subscriber or any of its End Users, then the Subscriber agrees it will defend and indemnify us from any such claim and will compensate us for any damages or costs we have to pay, including reasonable legal fees and expenses.

10.0 General Provisions

10.1
If we waive, delay or fail to exercise any right, provision or entitlement in this agreement, that does not mean that we are waiving any other provision, right or entitlement in it.

10.2
This Site License Agreement and the Invoice constitute the entire agreement between the parties and supersede all prior agreements and understandings, oral and written, express or implied, by and between any of the parties with respect to the subject matter of this Agreement. No amendment, modification or waiver of this Site License Agreement or Invoice shall be binding unless in writing and signed by a duly authorized representative of both parties.

10.3
This Site License Agreement is governed by the laws of the state of California. In the event of any dispute, The Subscriber agrees that In the event of any dispute, any court proceeding will be heard in the city of Los Angeles, State of California.

10.4
If one or more of the provisions contained in this Site License Agreement are judged to be invalid, illegal or unenforceable in any respect in any jurisdiction, the remaining provisions will not be affected or impaired as a result, unless the essential purpose of this Agreement is undermined by such judgment.