1. General
These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by CareerWow LMS ("CareerWow LMS", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between CareerWow LMS and the individual or entity who subscribes to our service ("Subscriber" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your information and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. CareerWow LMS may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that CareerWow LMS believes is harmful to its business or for conduct where the use of the Service is harmful to any other party.
CareerWow LMS may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): (INSERT WEB ADDRESS LOCATION). You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services
CareerWow LMS offers users career development on a LMS platform purchased by your employer. Services are provided on the basis of facility and equipment availability. CareerWow LMS reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.
Access to the web and email servers is terminated upon expiry of the Service.
Details regarding your account can be found in your account control panel www.CareerSolutionsGroup.net
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. CareerWow LMS is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
3. CareerWow LMS
CareerWow LMS provides users with a non-exclusive, non-transferable, limited license to use the CareerWow LMS tool. The tool is developed and owned by Career Solutions Group, LLC, and any reproduction, modification, creation of derivative works from or redistribution of the tool is expressly prohibited. The CareerWow LMS tool, its structure, sequence, organization and source code are considered trade secrets of CareerWow LMS and are protected by trade secret laws.
You further acknowledge and agree that all User Content is non-transferable and non-transportable. CareerWow LMS will not assist any users with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the CareerWow LMS tool, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Website Builder, will be removed by CareerWow LMS.
CareerWow LMS makes no representations or warranties, either expressed or implied, with respect to the images and videos offered through the CareerWow LMS tool.
In the event of a dispute regarding any image or video viewed via the CareerWow LMS tool, you hereby release CareerWow LMS, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. CareerWow LMS is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.
4. Service Fees / Payments / Invoices
All CareerWow LMS fees and charges are quoted and billed in US Dollars unless otherwise noted.Career Solutions Group accepts cash, check, or credit card payments at this time for subscription purchases. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. Career Solutions Group may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Billing inquiries and disputes should be brought to Career Solutions Group’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Career Solutions Group reserves the right to put your usage of the CareerWow LMS tool on "Hold" status and deny any usage until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
Career Solutions Group reserves the right to modify service fees and rates, effective upon posting on the CareerWow LMS website or on this Agreement. Current service charges include the following (non-exclusive list):
5. Termination / Plan Change / Refund Policy
Career Solutions Group may terminate your Service under the following circumstances (non-exclusive list):
Non-payment of fees
You are in breach of any term or condition of this Agreement
Your use of the Service disrupts CareerWow LMS business operations or affects any other party
All Subscriber data is removed from CareerWow LMS servers for such terminations.
You may request account termination at any time by contacting our Customer Service team either through phone or email. Our contact information can be found on the Support page of our website: www.CareerSolutionsGroup.net
When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
You are eligible for a refund under the following circumstances only:
If you cancel your account within 30 days of sign-up, you will, upon request, receive a refund of the usage fees paid, less any setup fees.
6. Subscriber Responsibility
When you apply to use CareerWow LMS services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL CAREER SOLUTIONS GROUP LMS BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
7. Prohibited Conduct
Career Solutions Group does not allow the use of unsolicited commercial email ("Spam") to promote products or services. Any Subscriber engaging in the sending of Spam through the CareerWow LMS network or promoting information on websites hosted by Career Solutions Group will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a CareerWow LMS account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any CareerWow LMS service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
8. Notices
You agree that, unless other instructions are posted on Career Solutions Group’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for CareerWow LMS posted on the Career Solutions Group website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
9. Privacy
The CareerWow LMS Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers' personal information. The CareerWow LMS Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this www.CareerSolutionsGroup.net
Email newsletters will only be sent directly by Career Solutions Group. Subscriber information will not be disclosed or sold to any third parties.
10. Reservation of Rights
Career Solutions Group reserves the right and sole discretion to:
Censor any usage hosted on its servers that is deemed inappropriate.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against CareerWow LMS or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that CareerWow LMS determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
11. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Career Solutions Group makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Career Solutions Group is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Career Solutions Group.
In no event will Career Solutions Group be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Career Solutions Group, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Career Solutions Group be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
12. Indemnification
You agree to indemnify and hold Career Solutions Group harmless from and against, and to reimburse Career Solutions Group with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Career Solutions Group by reason of or arising out of or in connection with:
Any breach of this Agreement by you.
Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
Illegal, pornographic, or discriminatory content on your website.
13. Force Majeure
Career Solutions Group will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
14. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
15. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the City of Fort Collins, Larimer County, State of Colorado and the federal laws of the United States of America.
You may be subject to other local, county or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Colorado for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
16. Age of Majority
Career Solutions Group does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
17. Waiver
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
18. Entire AgreementThis Agreement, as may be updated from time to time and posted at www.CareerSolutionsGroup.net represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.