INTOO Terms of Service
(as of 7 August 2020)
Please read the following terms and conditions of service (the “Terms of Service”) carefully because they describe your rights and responsibilities and form a legally binding agreement between you and INTOO, LLC. If you do not agree with all of the Terms of Service, you are prohibited from using this Site or any part of the Service.
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INTRODUCTION
INTOO, LLC, with offices at 10880 Wilshire Boulevard, Suite 1101, Los Angeles, CA 90024 (referred to as, "INTOO”, “we”, “us”, “our”) provides the www.yournextstep.com website along with other INTOO websites (collectively, the “Site”). The Site includes a variety of services, online and mobile applications, downloadable software, products and features, including, but not limited to, CareerArc Outplacement, Your Next Step, Candidate Care, and all available on various mediums or devices now known or hereafter developed (collectively, the “Services”). The Services and the Site are provided to you (also referred to as “‘your” or “User”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein as well as any other written agreement between us. If you are a Subscriber (as defined below) to one or more of the Services, you may additionally be required to execute a separate written contract, which incorporates this Terms of Service by reference.
YOUR USE OF THE SITE, INCLUDING ANY RELATED SERVICE OR FEATURE THERETO AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, AND YOUR USE OF THE SERVICES AND RELATED CONTENT, SOFTWARE, APPLICATIONS, WIDGETS, MATERIALS AND/OR SERVICES, CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES, NOTICES, AND OUR PRIVACY POLICY.
BY CLICKING THE "I AGREE", “I ACCEPT” BUTTON, OR ANOTHER SIMILAR BUTTON EXPRESSING YOUR CONSENT DURING REGISTRATION, OR BY ACCESSING, VISITING, BROWSING, USING, SIGNING IN OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES.
WE RESERVE THE RIGHT TO AMEND THESE TERMS OF SERVICE AT ANY TIME TO REFLECT CHANGES IN LAW OR BEST PRACTICES OR TO REFLECT CHANGED OR ADDITIONAL FEATURES WHICH WE INTRODUCE. WE WILL PROVIDE YOU WITH NOTICE REASONABLY IN ADVANCE WHEN CHANGES TO THESE TERMS OF SERVICE OCCUR. IF YOU DO NOT OBJECT TO THE CHANGES OR TERMINATE THE USE OF THE SERVICES PRIOR TO THEIR TAKING EFFECT, YOU ARE DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU OBJECT TO THE CHANGES, WE MAY TERMINATE YOUR USE OF THE SERVICES BY THE EFFECTIVE DATE OF THE CHANGE. WE WILL POINT TO THIS CONSEQUENCE OF YOUR INACTIVITY AND OUR RIGHT TO TERMINATE IN CASE OF YOUR OBJECTION IN THE NOTIFICATION OF THE CHANGE.
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LICENSE
Subject to these Terms of Service, INTOO grants you a limited, personal, revocable, non-exclusive, non-transferable license, with no right to sub-license or create derivative works, to access the Site and the Services. We reserve the right, but shall not be under an obligation, to modify, adapt or update the Services to generally further develop the Services. This includes the eliminate of any aspects of the Services, provided such changes are reasonably acceptable to you. When making such changes we will duly consider your reasonable interests. Access to the Site and the Services is licensed, not sold, and this Terms of Service grants no right, title or interest in any intellectual property owned or licensed by INTOO in the Site or the Services.
If applicable, you may install and personally use any software associated with the Services (“Software”) only in object code form on a personal or business device controlled by you for your own non-commercial use or benefit. You must not, and must not allow any third party, to modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing the Software.
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USE OF THE SERVICES
Certain of the Services may only be accessed by Users that have either (i) paid a service fee and signed a separate contract with INTOO to access one or more of the Service, which contract may incorporate these Terms of Service by reference or (ii) are receiving free access to the Services (collectively, “Subscribers”). Subscribers fall into one or more of the groups below:
- Individuals or business entities which have licensed one or more of the Services (“Clients”).
- Authorized employees or agents of Clients which have setup an account to use one or more of the Services.
- Former or transitioning employees from our Clients who are seeking career information, preparation, and/or employment, and who have obtained a valid password to access the Services.
We reserve the right to suspend access to the Services from time to time to carry out maintenance, error correction, updates and upgrades or other modifications to the Services either on a regularly scheduled or on an ad hoc basis. We will notify you of such measures duly in advance if the circumstances permit.
The following terms and conditions apply to you only if you are using our iOS mobile or table app (the “iOS App”) from the Apple App Store. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to use of the iOS App. You acknowledge and agree that these Terms of Service are solely between you and us, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the iOS App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and INTOO acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and INTOO acknowledge that, in the event of any third party claim that the App or your possession and use of that iOS App infringes that third party’s intellectual property rights, INTOO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the iOS App. You and INTOO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the iOS App, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
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ACCESS TO SERVICES; PASSWORDS
To access certain Services or some of the resources we offer, you may be asked to provide certain registration details or other information (“Registration Data”). It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. If INTOO has indication that the information you provide is intentionally false, incorrect, inaccurate or incomplete, INTOO has the right to refuse you access to the Services or any of its resources. All Personal Information (as defined in our Privacy Policy) you provide to us is protected under and subject to our Privacy Policy. Each individual authorized User will be assigned a unique password, which will enable such User to access and use those Services that they are authorized to use. You are responsible for maintaining the confidentiality and security of your password, for all uses of your password or registration, and all activities that occur under your password or account. You further agree: (a) that such password is for each User's individual use; (b) not to disclose or share your password with any third party, either internally or externally; (c) to use your best efforts to prevent any third party from obtaining your password, and (d) to inform us immediately of any actual or potential unauthorized use of or access to your password. INTOO reserves the right to refuse account registration.
When you sign up to become a User, you may be asked to install certain of the Services using various social networks, including, but not limited to, Facebook, LinkedIn or X. You are entirely responsible for maintaining the confidentiality of any account or password associated with Facebook, LinkedIn, X, or any other social network.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Services, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of INTOO. You may not transfer, share or make available your Site account information to others. Any distribution by you of your Site account information may result in suspension, termination or cancellation of your access to the Services.
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THIRD PARTY OR USER CONTENT
Content (as defined below) available through the Site or the Services often represents the opinions and judgments of an information provider, User, Subscriber, or other person or entity not associated with INTOO. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized INTOO spokesperson speaking in his/her official capacity.
In addition, the materials on this Site may include sample or form agreements, letters, guidance, recommendations, best practices, market research or other documents of a similar nature. These materials are provided solely as examples of typical documents of their kind, and their delivery and use on our Site does not constitute legal, accounting, human resources, careers, or other professional advice. Under no circumstances will INTOO be liable for any loss or damages caused by your reliance on the foregoing materials obtained through the Site or the Services. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other Content available on or through the Site or the Services.
Users and Subscribers are solely responsible for any and all content, submissions and communications, including user comments, photos, images, sounds, files, and other material or information (collectively, “User Content”), that they post or transmit to the Site or through use of the Services, or to any User or Subscriber of the Sites or Services, as well as for the consequences of such postings and transmissions. You acknowledge that any reliance on any User Content posted or transmitted by another User or Subscriber will be at your own risk. We assume no responsibility for any User Content and we assume no responsibility for the activities, omissions or other conduct of Users or Subscribers. We act as a portal for the online distribution and publication of User Content and we have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring any User Content or communications.
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USE OF COMMUNICATION SERVICES
The Site or Services may contain forums, bulletin board services, chat areas, job or message boards, news groups, communities, personal web pages, calendars, or other message or communication facilities (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and User Content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or Services any User Content or material that:
- You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by Intellectual Property Rights (or by rights of privacy or publicity);
- Advocates illegal activity or discusses an intent to commit an illegal act;
- Does not pertain directly to the Site or Services;
- Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, vulgar, indecent, pornographic, racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- Violates any law or may be considered to violate any law;
- Impersonates or misrepresents your intentions or connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of your content or intentions;
- Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site or via a separate executed contract with INTOO;
- Solicits funds (e.g., initial investments or deposits), advertisers or sponsors;
- Includes files or programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
- Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or
- Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
INTOO reserves the right but not the obligation, to monitor use of the Site and Services to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. INTOO also reserves 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 its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any User Content or downloaded materials.
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USER CONTENT
Any and all User Content that you submit (e.g., by uploading or transmitting) to the Site or in connection with your use of the Services shall be deemed, and shall remain, your property from the moment of creation. Notwithstanding anything to the contrary in these Terms of Service, you remain solely responsible for the content of your submissions. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or review all User Content, and therefore cannot be responsible for it. You acknowledge and agree that neither INTOO nor any third party that provides Content to INTOO, will assume or have any liability for any action or inaction by INTOO or such third party with respect to any submission. INTOO cautions you against giving out any personally identifying information about yourself in any Communication Service. INTOO does not control or endorse the content, messages or information found in any Communication Service and, consequently, INTOO specifically disclaims any liability with respect to the Communication Service and any actions resulting from your participation in any Communication Service.
You hereby grant to INTOO a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to INTOO through the Site or Services (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed, provided, in each case, that such license is granted for the purpose of providing the Services. INTOO will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future INTOO operations.
You represent and warrant that you have all the rights and authority necessary to grant the rights to any User Content you submit on the Site or in connection with the Services and such User Content will not violate the rights of any third party, including without limitation any copyright, property, or privacy right. INTOO reserves the right to remove User Content at any time without prior notice.
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PROHIBITED ACTIVITIES
You may not access or use the Site or the Services for any other purpose other than that for which INTOO makes it available, including, but not limited to, for individuals seeking employment and career information, and employers seeking employees or interns. Certain activities, even if legal, may violate the common rules of etiquette as determined by INTOO in its sole, reasonable discretion based on consideration of the prohibited activities below. Prohibited activities include, but are not limited to:
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- Advertising to, or solicitation of, any other Users to buy or sell any products or services;
- Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, unsolicited bulk email, contests, promotions or any other form of solicitation. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Site or while using the Services, you acknowledge that you can cause substantial harm to INTOO, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm to INTOO, you agree to pay INTOO US$50.00 for each such unsolicited communication. You reserve the right to demonstrate that no damage was caused to INTOO or that it is substantially lower than such amount.
- Using any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
- Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Site and the Services;
- Attempting to impersonate another User or person;
- Using the username of another User;
- Selling or otherwise transferring your profile;
- Using any information obtained from the Services in order to harass, abuse, or harm another User or person;
- Altering, reverse engineering, decompiling reverse assembling, disassembling any part of the Services, or otherwise attempting to discover any source code related to the Services;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose; or
- Using the Services in a manner inconsistent with any and all applicable laws and regulations.
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THIRD PARTY CONTENT AND LINKS
The Site and Services provide content and material from third parties, and links to, and references, third party web sites, content and material not controlled by us (collectively, "Third Party Content"). You acknowledge and agree that we neither endorse nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site or through use of the Services. Nothing on the Site or available through use of the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content. The Third Party Content that is provided through our database search products may be used for the period for which you have access to the Services. You may make one copy for personal use and use such information for your internal use only relating to internships, career opportunities, career services, career information and employment. Upon expiration or termination of your access, you shall destroy all originals and copies of such information unless you are otherwise instructed by us or the third party and upon request, provide us or the third party with certification that you have done so.
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SITE SECURITY AND INTEGRITY
You are prohibited from using any INTOO Service or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. INTOO reserves the right to investigate suspected violations of this Terms of Service. INTOO reserves the right, subject to applicable data protection law, to fully cooperate with any law enforcement authorities or court order requesting or directing INTOO to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site, the Services, the Software, or the Content in any way, including, without limitation: (a) Accessing Content, data, features or functionality on the Site or through use of the Services for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access; (b) Deleting or revising any Content (including, but not limited to, legal notices) posted by us, or any other person or entity not related to you; (c) Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content; and (d) Using the Content on any other web site or in a networked computer environment for any purpose.
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PROPRIETARY INFORMATION
The Site and Services, along with the material and content accessible from the Site and Services (collectively, the “Content”), contain proprietary and confidential information that is protected by Intellectual Property Rights, contract and other laws. “Intellectual Property Rights” means all worldwide statutory and common law rights in, arising out of, or associated with: (i) patents and patent applications including, without limitation, divisions, continuations, continuations-in-part, extensions, and reissues of the foregoing; (ii) works of authorship including copyrights, copyright applications, copyright registrations, and moral rights; (iii) trade secrets, know-how, inventions, discoveries, designs, processes and other proprietary information, all developments of any of the foregoing and in each case whether protected or protectable; and (iv) trademarks, service marks, logos, and trade dress rights, including, without limitation, applications for, registrations of, and goodwill in the foregoing. All Content is the property of INTOO, or its content providers, service providers, suppliers, or licensors (collectively, “Licensors”). Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted by you in any way without the prior written consent of INTOO, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any Intellectual Property, or any other proprietary notice or legend appearing in, or on, any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates INTOO's and its Licensors’ Intellectual Property Rights. Neither title, ownership nor Intellectual Property Rights to the Site and Services are transferred to you by access to the Site and use of the Services. The compilation (meaning the collection, arrangement and assembly) of the Content is the exclusive property of INTOO.
Misappropriation or unauthorized use by others of the Content for commercial gain would unfairly and/or irreparably harm INTOO, its affiliates and its Licensors or reduce INTOO's, its affiliates’ and its Licensors’ incentive to create, develop and maintain such information. You will not commit or knowingly assist any act or omission that would contest or impair any of INTOO's, its affiliates’ or its Licensors’ Intellectual Property Rights in the Content or that would cause the Content to infringe the Intellectual Property Rights of a third party. You agree to notify INTOO and its suppliers immediately upon obtaining any information regarding a threatened or actual infringement of their rights. You also agree that you will not use any Content in listings or advertisings in any manner without the prior written approval of such party.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the Content on any copy you make of such material.
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SUSPENSION AND TERMINATION
We reserve the right to deny access to the Site or Services by any User or Subscriber, or to modify, suspend or terminate any User's or Subscriber’s access to or use of the Site or Services at any time, and prevent their further access to the Site or Services for violating these Terms of Service or in case of violations of system or network security if we reasonably deem such steps necessary or appropriate to address the situation. This may include, but is not limited to, suspension, termination of the account or pursuing any legal remedies, including civil and criminal penalties. We may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. If the circumstances and applicable law permit, we will provide you a prior warning with a reasonable cure period before taking such measures.
Irrespective of the foregoing your use of and access to the Site and Services terminates upon termination or expiry of the subscription on which such use and access are based.
Upon termination, you must (a) cease any access to the Site or use of the INTOO Service or its components, and any third-party data; (b) if applicable, remove the Software from all hard drives, networks and/or other storage media; and (c) if applicable, destroy all copies of the Software in your possession or under your control. All rights in any third-party data, any third-party software, and/or any third-party data servers are reserved and remain with the respective third parties. These third parties may enforce their rights against you directly.
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DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES AND ALL CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INTOO AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT INTOO AND ITS LICENSORS, IN FURNISHING THE CONTENT TO YOU, DO NOT UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER.
- INTOO AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED, (IV) THAT THE SITE OR SERVICES (OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE OR SERVICES) OR SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE OR COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, (V) ANY CONTENT OR COMMUNICATION WILL BE VIEWED BY ANY MINIMUM OR SPECIFIC NUMBER OF USERS OR BY ANY PARTICULAR USER; OR (VI)THE SITE, SERVICES OR CONTENT, IS CORRECT, ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- ANY SOFTWARE OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR MATERIAL.
- CERTAIN SERVICES ACT AS A PLATFORM FOR EMPLOYERS TO POST JOB AND INTERNSHIP LISTINGS, AND FOR JOB CANDIDATES TO POST RESUMES AND REGISTRATION DATA. INTOO IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS AND JOB CANDIDATES, AND IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES, AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OR INTERNSHIP DECISIONS OR ACTIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY POSTING JOBS ON ANY SITE OR THROUGH USE OF THE SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTOO OR THROUGH USE OF THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. THE CONTENT HAS BEEN PREPARED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IN NO WAY CONSTITUTES LEGAL, FINANCIAL OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD NOT ACT UPON ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH USE OF THE SERVICES WITHOUT CONSULTING YOUR OWN LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVISOR.
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LIMITATION OF LIABILITY
- IN NO EVENT SHALL INTOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, REGARDLESS OF WHETHER INTOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
- INTOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENT ACTS OR OMISSIONS IN PROCURING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION NOR ANY CLAIMS ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES CONTAINED IN THE CONTENT.
- INTOO’S, AND ITS SUBSIDIARIES’, AFFILIATES’, LICENSORS’, EMPLOYEES’, AGENTS’, OFFICERS’, AND DIRECTORS’, MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING NEGLIGENCE (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF ALL FEES PAID TO INTOO BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE IMPOSITION OF LIABILITY; OR (II) $100. YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE INTOO AND ITS SUPPLIERS FOR GREATER THAN THAT AMOUNT. YOU ALSO AGREE TO GIVE INTOO AND ITS SUPPLIERS IMMEDIATE WRITTEN NOTICE OF ALL ACTIONS, CLAIMS, LOSSES AND DAMAGES ARISING OUT OF THE USE OF THE CONTENT.
- THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY IN CASE OF INJURY TO LIFE, BODY OR HEALTH DUE TO OUR CULPABLE BREACH OR TO ANY DAMAGE CAUSED BY OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
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INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS INTOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, CLAIMS, DEMANDS, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, RESULTING FROM (I) YOUR MISUSE OF THE SITE OR SERVICES, (II) YOUR USE OF ANY INFORMATION WHICH YOU HAVE NOT BEEN AUTHORIZED TO HAVE ACCESS TO (III) VIOLATION OF THESE TERMS OF SERVICE (AS AMENDED AND IN EFFECT FROM TIME TO TIME), (IV) CONDUCT, COMMUNICATION OR INTERACTION WITH ANY OTHER USER OF THE SITE OR SERVICES OR ANY OF YOUR OTHER ACTIVITIES ON THE SITE OR USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE, (V) VIOLATION OF THE RIGHTS OF ANY OTHER USER OF THE SITE OR SERVICES, OR (VI) YOUR USE OF USER CONTENT IN VIOLATION OF THESE TERMS OF SERVICE, IN EACH CASE RESULTING FROM YOUR WILLFUL MISCONDUCT OR NEGLIGENCE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
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RELEASE
If you have a dispute with one or more Users, you acknowledge and agree that we are not party to such dispute and release us (and our officers, directors, agents, affiliates, subsidiaries, Licensors, joint ventures, and employees) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
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INTERNATIONAL USE
Although the Site or the Services may be accessible worldwide, we make no representation that materials on the Site or available through use of the Services are appropriate or available for use in locations outside the United States and Germany, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, or information made in connection with the Site or Services is void where prohibited.
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DISPUTE RESOLUTION AND GOVERNING LAW
- Time Limitation. You agree that any dispute, controversy, claim or cause of action related to or arising out of your relationship with INTOO or your use of the Service or Site (a “Dispute”) must commence within three (3) years after the cause of action for such Dispute accrues. Otherwise, such cause of action is permanently barred.
- Governing Law. This Terms of Service is governed and interpreted pursuant to the laws of Germany, notwithstanding any principles of conflicts of law.
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MISCELLANEOUS
- These Terms of Service constitute the entire agreement among the parties relating to this subject matter and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and INTOO with respect to the Site or Services.
- If any provision of the Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
- Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain.
- No waiver of any provision of the Terms of Service by INTOO shall be effective unless in writing signed by an authorized representative of INTOO. The waiver by INTOO of a breach or violation of any provision of these Terms of Service shall not constitute a waiver by INTOO of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of INTOO to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by INTOO. Any provisions of these Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of the Terms of Service.
- Third parties (including affiliates, business partners and Licensors) are intended third-party beneficiaries of the sections titled "Proprietary Information" and "Limitation of Liability".
- You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Terms of Service.
- You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site or Services.
- In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through the Site or otherwise due to circumstances arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, pandemic, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- The section headings used herein are for reference only and shall not be read to have any legal effect.
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CONTACT
If you have any questions or concerns regarding these Terms of Service, you can contact us by email or by mail:
INTOO, LLC
Attn: Support
10880 Wilshire Boulevard, Suite 1101
Los Angeles, CA 90024
The United States
Phone: (888) 879-9357
E-mail: support@yournextstep.com