Career ConX, Inc. Terms of Service
Last Updated: January 20, 2020
Welcome to Career ConX!
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”).
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.
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.
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.
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:
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.
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.
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 firstname.lastname@example.org, 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.
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.
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.
Career ConX reserves the right to display advertisements on Career ConX.com or within Career ConX’s mobile applications.
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.
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 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.
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.
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.
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.
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.
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.