CareerCon-X

Career ConX, Inc. Terms of Service Last Updated: January 20, 2020 Welcome to Career ConX! These terms and conditions are a legal agreement (these “Terms”) between you (together with the business entity, if any, that you represent, “you” or “your” or “User”) and Career ConX Inc (“Career ConX” or “we”, “us” or “our”), establishing terms and conditions under which you shall access and use the services and features (“Services”) available on Career ConX’s web-based platform (the “Career ConX Platform”). The Career ConX Platform is located at https://www.CareerConX.com/ and any related sub-domains (the “Website(s)”) and provided through such Website and through tools and services or through downloadable mobile applications, web browser extensions, add-ins, chat bots, or other applications (“Apps”) made available by from time to time. The date you first agree to these Terms is referred to herein as the “Effective Date.” Your use of the Career ConX Platform is also subject to our Privacy Policy available on our Website at https://careerconx.com/privacy-policy/and updated from time to time (“Privacy Policy”). The Career ConX Platform brings together your email, notes, files, reminders, calendar, phone, messaging, contacts, social media and other services, such as, LinkedIn,Gmail, Facebook, from various third party platforms (“Third Party Platforms”) to help you effectively manage your professional relationships. You may register for our Services individually or as a member of am Organization or  team (“Team”) established by you or a third party through our Services. If you are registering for our Services as the organizer of an Event,  Group or Team you represent, warrant and covenant that you will have the consent of any individuals prior to providing their information to Career ConX or inputting such information to the Career ConX Platform. BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON OR OTHERWISE ACCESS THE CAREER CONX PLATFORM, WEBSITES, APPS OR USE ANY OF THE SERVICES, CAREFULLY READ THESE TERMS. BY CLICKING ON THE “I ACCEPT” BUTTON OR ACCESSING THE CAREER CONX PLATFORM, WEBSITE OR APPS OR USING THE SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO THE CAREER CONX PLATFORM AND/OR THE SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT CLICK “I ACCEPT” AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE SERVICES. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND CAREER CONX ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT AS PROVIDED IN SUCH AGREEMENT TO ARBITRATE (SEE SECTION 19 “AGREEMENT TO ARBITRATE”).
  1. Registration
Some portions of our Services may be available to users without registering, other features will only be available to those users who register with us, while still other features will only be available to users based on the features included in their tier of subscription plan or trial of our Services. In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If you are registered to use our Services as a member of an Event,  Group or Team, certain of your content will automatically be shared with other members of such Event,  Group or Team, as described in our Privacy Policy.
  1. Restricted License
On the condition that you comply with all your obligations under these Terms, Career ConX hereby grants you a non-exclusive, non-transferable, restricted license (without the right to sublicense) to access the Career ConX Platform and use the Services in accordance with these Terms and the instructions and guidelines posted on the Career ConX Platform. Career ConX reserves the rights to terminate your license to use the Career ConX Platform and Services at any time and for any reason or to change the features included in different tiers of paid or free subscription plans. You may not use the Services to substantially replicate products or services offered by Career ConX including the republication of Career ConX content or the creation of a separate CRM or relationship management platform. If Career ConX believes, in its sole discretion, that you have violated or attempted to violate these Terms, your ability to use and access the Services may be temporarily or permanently revoked, with or without notice. Career ConX reserves the right to investigate possible violations of these Terms, block users from accessing the Services, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, in accordance with our Privacy Policy, located at careerconx.com/privacy. You agree that if Career ConX determines or reasonably suspects that you are reselling or brokering the Services’ information, programs, computer applications, or data, or is otherwise violating any provision of these Terms, Career ConX may take immediate action, including terminating the delivery of, and the license to use, the Services. Career ConX reserves the right to use whatever means it deems appropriate to monitor your compliance with these Terms. Career ConX reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  1. Your Content
In order to use some features of the Services, you may choose to provide us with information, or access to information, to create and automatically update your Career ConX account, such as email, notes, files, reminders, calendar, phone, messaging, contacts, social media and other content (collectively, “your content”). You own your content and may request deletion of your content at any time, unless you have shared your content with others and they have not deleted it, or it was copied or stored by other users while displayed by you to others through the Services, as further described in our Privacy Policy. In order to host your information within the Service and provide the associated benefits of using the Service, you grant us and our service providers a non-exclusive, worldwide, transferrable right to copy, modify and use your content to provide the Services subject to our Privacy Policy. Career ConX requires these rights in order to create and update your Career ConX account, host your content, and provide you with the Services. You may also provide us with your login credentials for certain Third Party Platforms (“Third Party Login Credentials”). You hereby authorize us to utilize those Third Party Login Credentials to incorporate your content, from those Third Party Platforms into your content in our Services. You represent and warrant that you have the right to provide us with your content and to permit us to use and disclose your content within the parameters authorized by these Terms or our Privacy Policy. You, and not Career ConX, are responsible for maintaining and protecting a separate permanent record of all of your content, if you wish to retain your content. Career ConX will not be liable for any loss or corruption of your content, or for backing up or restoring any of your content. Notwithstanding anything else in these Terms or otherwise, Career ConX may monitor your use of the Services and Career ConX Platform and use data and information related to your content and your use of the Services in an aggregate or de-identified manner, including to compile statistical and performance information related to the provision and operation of the Career ConX Platform and Services. You agree that Career ConX may make such data and information publicly available and use such information to the extent and in the manner required by applicable law or regulation and/or for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify you or any other individual or company.
  1. Sharing Your Content
The Services provide features that allow you to share your content with others, as further detailed in our Privacy Policy or on the Website from time to time. You should carefully review our Privacy Policy in all respects, and particularly with regard to the extent and manner in which your content may be shared with other users and the extent to which certain of your content will automatically be shared with any Team in which you are a member.
  1. User Conduct
You understand that the Services are available for your personal and business use only and for your use in connection with your Event, Group or Team(s). Information and other text, images, data, links, software, or other material accessible through the Websites or Services, whether created by us or provided by another person for display on the Websites or through the Services (“Content”) in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Career ConX, will be fully responsible and liable for what you copy, share, post, upload, download or otherwise use while using the Services. You represent, warrant and agree that your content or information shared through your account or otherwise shared by you on or through the Services will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Services:
  • in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services;
  • to share or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • to share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • to share or otherwise make publicly available on the Services any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • to share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • to use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Services;
  • to manipulate the Services to obtain fee-bearing features for which you have not subscribed or to start more than one free trial for the Services within a one month period without authorization from us;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;
  • to access, retrieve or index the Services for purposes of constructing or populating a searchable database of contact or business information;
  • to record, process, or mine information about other users;
  • to use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Services or any Content; or
  • to reformat or frame any portion of the Services.
  1. Responsibility of Event, Group or Team Members
You are responsible for determining whether to participate in our Services as a member of an Event, Group or Team. Career ConX has not reviewed, and cannot review, all of the material, including computer software, posted to the Career ConX Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the Career ConX Platform, Career ConX does not represent or imply that it endorses the material posted therein, or that it believes such material to be accurate, useful or non-harmful. The Career ConX Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Career ConX Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Career ConX disclaims any responsibility for any harm resulting from the use of the Career ConX Platform by you, your other Team members or any other third party.
  1. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Career ConX.com links, or that link to Career ConX.com. Career ConX does not have any control over those non-Career ConX websites and web pages and is not responsible for their contents or their use. By linking to a non-Career ConX website or webpage, Career ConX does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Career ConX disclaims any responsibility for any harm resulting from your use of non-Career ConX websites and web pages.
  1. Copyright Infringement and DMCA Policy
As Career ConX asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Career ConX Platform violates your copyright, you are encouraged to notify Career ConX pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Career ConX with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing to legal@careerconx.com, CareerConx ATTN: Legal 1312 17th street Suite 116, Denver, CO 80202 or call at 303-990-5390. Career ConX will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Career ConX will terminate a visitor’s access to and use of the Career ConX Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Career ConX or others. In the case of such termination, Career ConX will have no obligation to provide a refund of any amounts previously paid to Career ConX.
  1. Intellectual Property
These Terms do not transfer from Career ConX to you any Career ConX or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Career ConX. Career ConX, Career ConX.com, Clz.es, the Career ConX logo, and all other trademarks, service marks, graphics and logos used in connection with Career ConX Inc, or the Career ConX Platform are trademarks or registered trademarks of Career ConX or Career ConX’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Career ConX Platform may be the trademarks of other third parties. Your use of the Career ConX Platform grants you no right or license to reproduce or otherwise use any Career ConX or third-party trademarks.
  1. Unsolicited Ideas and Feedback
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of Career ConX and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Career ConX may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Career ConX to review or use your unsolicited ideas; and (5) Career ConX has no obligation to keep any unsolicited ideas confidential.
  1. Advertisements
Career ConX reserves the right to display advertisements on Career ConX.com or within Career ConX’s mobile applications.
  1. Payments
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Career ConX or its third party payment processing service provider storing your payment card information. You also agree to pay the applicable fees for the Services (including, without limitation, periodic fees for accounts) as they become due plus all related taxes. You may cancel your Services as provided on the Career ConX Platform from time to time.
  1. Data Processing Agreement
If you are located in the European Union, Career ConX, as the data processor, will process content to include Personal Information as defined in the Career ConX Privacy Policy, to provide the Career ConX Platform and Services to you, the data controller, and you may make content, including Personal Information, available to Career ConX in connection with this purpose. Career ConX will process the content only on behalf of you and in compliance with your instruction, unless Career ConX is required to process the content by law. You, as the data controller, shall comply with your obligations under the General Data Protection Regulation, any local data protection laws, and any subordinate legislation and regulation implementing the General Data Protection Regulation. Career ConX, as the data processor, will take reasonable steps to ensure that: (i) persons employed by Career ConX; and (ii) other persons engaged at Career ConX’s place of business who may process content and Personal Information, are aware of and comply with this data processing agreement set forth in the Terms. Career ConX will take appropriate steps to ensure its employees, authorized agents, and any sub-processors comply with and acknowledge and respect the confidentiality of content and Personal Information, including after the end of their employment, contract, or at the end of their assignment. Career ConX will implement reasonable technical and organizational security measures prior to the commencement of processing the content and Personal Information and will maintain such security measures for the duration of your use of the Services. For transfers of content and Personal Information to Career ConX for processing by Career ConX in a jurisdiction other than a jurisdiction in the EU, the EEA, or the European Commission-approved countries providing adequate data protection, Career ConX agrees it will provide at least the same level of privacy protection for content and Personal Information as required under the U.S.-EU and U.S.-Swiss Privacy Shield frameworks. Career ConX will provide reasonable assistance to you regarding: any requests for access, rectification, erasure, portability or blocking of content that Career ConX processes for you; the investigation of personal data breaches and notification obligations; and where appropriate and necessary, the preparation and carrying out of data protection impact assessments. Career ConX will direct any data subject request to you and you shall be solely responsible for responding to any such request. Career ConX will make available to you, at your request and with reasonable notice, but not more than once every 12 months, all information necessary to demonstrate Career ConX’s compliance with this data processing agreement in these Term, and to allow for and contribute to audits, including inspections, conducted or mandated by you as the data controller. You will be responsible for all fees for any audit or inspection, and any such audit or inspection shall be conducted in a manner that is not disruptive to Career ConX’s business. The scope of such an audit will be agreed in advance and shall not involve physical access to the servers on which your content and Personal Information is hosted. Career ConX may engage third parties to act on its behalf for the purpose of providing the Services and may delegate all or part of the processing activities to sub-processors. When it does so, Career ConX will enter into contractual arrangements with such sub-processors requiring them to guarantee a similar level of data protection compliance and information security to that provided under this data processing agreement. For purposes of this Section, you consent to Career ConX engaging sub-processors reasonably required to assist Career ConX for the purposes of providing the Services. Career ConX’s list of sub-processors is maintained online at https://www.Career ConX.com/privacy policy/subprocessors. Career ConX will inform you, the data controller, of changes in sub-processors in accordance with the procedure for modifying these Terms as described in Section 14. Career ConX will process content and Personal Information on your behalf until the termination of the Services in accordance with these Terms. On the termination of the Services, Career ConX and any sub-processor shall (unless otherwise required by law) securely destroy all content from you, subject to Section 3 above. You may also export your content prior to deletion. In the event that Career ConX must retain the content and any Personal Information, Career ConX agrees to preserve the confidentiality of the content and Personal Information retained by it.
  1. Changes
Career ConX reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Career ConX Platform following the posting of any changes to these Terms constitutes acceptance of those changes, except that, if such changes occur during the period of your paid subscription to our Services, then such changes shall take effect upon the sooner of (i) the renewal of your subscription and (ii) the date that you inform Career ConX of your acceptance of such changes.
  1. Termination
Career ConX may terminate your access to all or any part of the Career ConX Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Career ConX.com account (if you have one), you may terminate your subscription via the Career ConX Platform or provide notice of termination to us at support@Career ConX.com. Career ConX will have no obligation to provide a refund of any amounts previously paid to Career ConX. Career ConX can terminate the Career ConX Platform and/or any related Services immediately as part of a general shut down of our Services. If your subscription is paid by a third party organizer of a Team, your subscription may be terminated by such organizer. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, rights in data you share with other users, warranty disclaimers, indemnity, limitations of liability and arbitration.
  1. Disclaimer of Warranties
  1. THE SERVICES, YOUR CAREER CONX ACCOUNT, AND ALL INFORMATION AND CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CAREER CONX, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THIRD PARTY DATA PROVIDERS AND MOBILE APPLICATION DISTRIBUTORS (COLLECTIVELY THE “CAREER CONX PARTIES”) MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE CAREER CONX SERVICES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF CONTACT AND BUSINESS INFORMATION CONTAINED ON THE SERVICES, (3) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (4) THAT DEFECTS WILL BE CORRECTED, OR (5) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SERVICES. THE CAREER CONX PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM CAREER CONX OR THE CAREER CONX SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
  2. THE CAREER CONX PARTIES FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE CAREER CONX SERVICES AND INFORMATION AND CONTENT AVAILABLE THROUGH THE CAREER CONX SERVICES. YOUR USE OF THE CAREER CONX SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR PROFITS, ANY LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE CAREER CONX SERVICES.
  3. THE CAREER CONX PARTIES ALSO DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS LISTED ON THE CAREER CONX SERVICES. YOU ACKNOWLEDGE THAT CAREER CONX HAS NO AFFILIATION WITH SUCH BUSINESSES, ADVERTISERS, AND USERS. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH CAREER CONX RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
  5. CAREER CONX DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS REGISTERING TO USE ITS SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, CAREER CONX DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION THAT YOU PERMIT ANY THIRD PARTY TO ACCESS.
  6. CAREER CONX IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CAREER CONX TO ANYONE.
  7. THE CAREER CONX SERVICES MAY CONTAIN HYPERLINKS TO THIRD PARTY WEBSITES (THE “THIRD PARTY SITES”), AND CAREER CONX ASSUMES NO RESPONSIBILITY AND HAS NO CONTROL OVER THE INFORMATION AND OR CONTENT CONTAINED THEREIN. THE CAREER CONX PARTIES ALSO DISCLAIM ALL LIABILITY ASSOCIATED WITH YOUR USE OF ANY THIRD PARTY SITES.
  1. Limitation of Liability
  2. a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CAREER CONX PARTIES BE LIABLE FOR (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION, OR (E) LOSS OF INFORMATION OR DATA REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CAREER CONX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  3. b) THE CAREER CONX PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CAREER CONX IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $10.00.
  4. General Representation and Warranty
You represent and warrant that (i) your use of the Career ConX Platform will be in strict accordance with the Career ConX Inc Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Career ConX Platform will not infringe or misappropriate the intellectual property rights of any third party.
  1. Indemnification
You agree to indemnify and hold harmless Career ConX, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Career ConX Platform, including but not limited to your violation of these Terms.
  1. Agreement to Arbitrate
  1. Arbitration. You agree that all disputes between you and Career ConX (whether or not such dispute involves a third party) arising out of or relating to these Terms, the Career ConX Platform, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Denver, Colorado or, if you request in advance, by teleconference. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and you and Career ConX hereby expressly waive trial by jury. You and Career ConX shall appoint as sole arbitrator a person mutually agreed by You and Career ConX or, if You and Career ConX cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration, except if you are an individual (and not representing a business enterprise in connection with your registration), then Career ConX will bear the costs of such arbitration charged by the arbitrator and the AAA. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with this Agreement or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.
  2. Waiver of Class Actions. Any claims brought by you or Career ConX must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Career ConX will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby waive any and all rights to bring any claims related to this Agreement and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.
  3. Opt Out. You may opt out of this agreement to arbitrate in this Section 19. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your login credentials to which the opt out applies and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: Career ConX Inc, ATTN: Arbitration Opt-out, 1312 17th street suite 116, Denver, CO, 80202.
  4. Survival. This Arbitration section will survive the termination of Your relationship with Career ConX.
  1. Miscellaneous
These Terms constitute the entire agreement between Career ConX and you concerning the subject matter hereof. We may, at our sole discretion and without notice, revise these Terms at any time by updating this posting. These Terms shall be governed and interpreted pursuant to the laws of the State of Colorado City of Denver, United States of America, without regard to the conflict of law provisions thereof. Subject in all respects to Section 20, all claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in federal or state courts located in the Denver, Colorado, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Neither these Terms nor the licenses granted herein are transferable by You without the prior written consent of Career ConX, which may be granted or withheld in Career ConX’s sole discretion. Career ConX may assign or subcontract its rights and obligations under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  1. For Additional Information
If You have any questions about these Terms, please contact us at: support@Career ConX.com or legal@careerconX.com Copyright © 2020 Career ConX Inc CAREER CONX is a registered service mark and trademark of Career ConX, Inc. All rights reserved.