Last revised on: August 24, 2022
The website located at www.careerasaurus.com (the “Site”) is
a copyrighted work belonging to Cole House LLC (“Company”,
“us”, “our”, and “we”). Certain
features of the Site may be subject to additional guidelines, terms, or
rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
binding terms and conditions that govern your use of the Site. By accessing
or using the Site, you are accepting these Terms (on behalf of yourself or
the entity that you represent), and you represent and warrant that you have
the right, authority, and capacity to enter into these Terms (on behalf of
yourself or the entity that you represent). you may not access or use the
Site or accept the Terms if you are not at least 18 years old. If you do
not agree with all of the provisions of these Terms, do not access and/or
use the Site.
These terms require the use of arbitration on an individual
basis to resolve disputes, rather than jury trials or class actions, and
also limit the remedies available to you in the event of a dispute.
Account Creation. In order to use certain features of the Site, you must
register for an account (“Account”) and provide certain
information about yourself as prompted by the account registration form.
You represent and warrant that: (a) all required registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of
such information. You may delete your Account at any time, for any reason,
by following the instructions on the Site. Company may suspend or terminate
your Account in accordance with Section 7.
Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully responsible
for all activities that occur under your Account. You agree to immediately
notify Company of any unauthorized use, or suspected unauthorized use of
your Account or any other breach of security. Company cannot and will not
be liable for any loss or damage arising from your failure to comply with
the above requirements.
Access to the Site
License. Subject to these Terms, Company grants you a non-transferable,
non-exclusive, revocable, limited license to use and access the Site solely
for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are subject
to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site, whether in whole or in part, or any content displayed on
the Site; (b) you shall not modify, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, no part of
the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means. Unless
otherwise indicated, any future release, update, or other addition to
functionality of the Site shall be subject to these Terms. All copyright
and other proprietary notices on the Site (or on any content displayed on
the Site) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend,
or discontinue the Site (in whole or in part) with or without notice to
you. You agree that Company will not be liable to you or to any third party
for any modification, suspension, or discontinuation of the Site or any
No Support or Maintenance. You acknowledge and agree that Company will have
no obligation to provide you with any support or maintenance in connection
with the Site.
Ownership. You acknowledge that all the intellectual property rights,
including copyrights, patents, trade marks, and trade secrets, in the Site
and its content are owned by Company or Company’s suppliers. Neither
these Terms (nor your access to the Site) transfers to you or any third
party any rights, title or interest in or to such intellectual property
rights, except for the limited access rights expressly set forth in Section
2.1. Company and its suppliers reserve all rights not granted in these
Terms. There are no implied licenses granted under these Terms.
Indemnification. You agree to indemnify and hold Company (and its officers,
employees, and agents) harmless, including costs and attorneys’ fees,
from any claim or demand made by any third party due to or arising out of
(a) your use of the Site, (b) your violation of these Terms or (c) your
violation of applicable laws or regulations. Company reserves the right, at
your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate with our
defense of these claims. You agree not to settle any matter without the
prior written consent of Company. Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”). Such Third-Party
Links & Ads are not under the control of Company, and Company is not
responsible for any Third-Party Links & Ads. Company provides access to
these Third-Party Links & Ads only as a convenience to you, and does
not review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links & Ads. You use all Third-Party Links
& Ads at your own risk, and should apply a suitable level of caution
and discretion in doing so. When you click on any of the Third-Party Links
& Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices. You
should make whatever investigation you feel necessary or appropriate before
proceeding with any transaction in connection with such Third-Party Links
Other Users. Your interactions with other Site users are solely between you
and such users. You agree that Company will not be responsible for any loss
or damage incurred as the result of any such interactions. If there is a
dispute between you and any Site user, we are under no obligation to become
Release. You hereby release and forever discharge the Company (and our
officers, employees, agents, successors, and assigns) from, and hereby
waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause
of action of every kind and nature (including personal injuries, death, and
property damage), that has arisen or arises directly or indirectly out of,
or that relates directly or indirectly to, the Site (including any
interactions with, or act or omission of, other Site users or any
Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING,
WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,
ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT
THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL
SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST
DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING
FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE
SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING
FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF
FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF
ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination. Subject to this Section, these Terms will remain in
full force and effect while you use the Site. We may suspend or terminate
your rights to use the Site (including your Account) at any time for any
reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate
immediately. Company will not have any liability whatsoever to you for any
termination of your rights under these Terms, including for termination of
your Account. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2.2
through 2.5 and Sections 3 through 8.
Changes. These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last
e-mail address you provided to us (if any), and/or by prominently posting
notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last e-mail
address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of
the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these Terms
will be effective upon the earlier of thirty (30) calendar days following
our dispatch of an e-mail notice to you (if applicable) or thirty (30)
calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Site.
Continued use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound by the terms
and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is
part of your contract with Company and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding
claims for injunctive or other equitable relief as set forth below) in
connection with the Terms or the use of any product or service provided by
the Company that cannot be resolved informally or in small claims court
shall be resolved by binding arbitration on an individual basis under the
terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration
Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and
assigns, as well as all authorized or unauthorized users or beneficiaries
of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may
seek arbitration, the party must first send to the other party a written
Notice of Dispute (“Notice”) describing the nature and basis of
the claim or dispute, and the requested relief. A Notice to the Company
should be sent to: 2 Tempe Wick Road, #91, Mendham, New Jersey 07945. After
the Notice is received, you and the Company may attempt to resolve the
claim or dispute informally. If you and the Company do not resolve the
claim or dispute within thirty (30) days after the Notice is received,
either party may begin an arbitration proceeding. The amount of any
settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award, if any,
to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American
Arbitration Association (“AAA”), an established alternative
dispute resolution provider (“ADR Provider”) that offers
arbitration as set forth in this section. If AAA is not available to
arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the arbitration,
including but not limited to the method of initiating and/or demanding
arbitration, except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”)
governing the arbitration are available online at www.adr.org or by calling
the AAA at 1-800-778-7879. The arbitration shall be conducted by a single,
neutral arbitrator. Any claims or disputes where the total amount of the
award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be
resolved through binding non-appearance-based arbitration, at the option of
the party seeking relief. For claims or disputes where the total amount of
the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any hearing
will be held in a location within 100 miles of your residence, unless you
reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give the
parties reasonable notice of the date, time and place of any oral hearings.
Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. If the arbitrator grants you an award that
is greater than the last settlement offer that the Company made to you
prior to the initiation of arbitration, the Company will pay you the
greater of the award or $2,500.00. Each party shall bear its own costs
(including attorney’s fees) and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the ADR
Additional Rules for Non-Appearance Based Arbitration. If non-appearance
based arbitration is elected, the arbitration shall be conducted by
telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations
(i.e., the legal deadline for filing a claim) and within any deadline
imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will
decide the rights and liabilities, if any, of you and the Company, and the
dispute will not be consolidated with any other matters or joined with any
other cases or parties. The arbitrator shall have the authority to grant
motions dispositive of all or part of any claim. The arbitrator shall have
the authority to award monetary damages, and to grant any non-monetary
remedy or relief available to an individual under applicable law, the AAA
Rules, and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on
which the award is based, including the calculation of any damages awarded.
The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY, instead electing that all claims and disputes shall be resolved by
arbitration under this Arbitration Agreement. Arbitration procedures are
typically more limited, more efficient and less costly than rules
applicable in a court and are subject to very limited review by a court. In
the event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award
or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED
WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but
not limited to the award of the arbitrator and compliance therewith, shall
be strictly confidential. The parties agree to maintain confidentiality
unless otherwise required by law. This paragraph shall not prevent a party
from submitting to a court of law any information necessary to enforce this
Agreement, to enforce an arbitration award, or to seek injunctive or
Severability. If any part or parts of this Arbitration Agreement are found
under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and
effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other portion of this
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the
Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may
seek emergency equitable relief before a state or federal court in order to
maintain the status quo pending arbitration. A request for interim measures
shall not be deemed a waiver of any other rights or obligations under this
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement
or misappropriation of the other party’s patent, copyright, trademark
or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement
permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within Morris
County, New Jersey, for such purpose
Export. The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree not
to export, reexport, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data,
in violation of the United States export laws or regulations.
Disclosures. Company is located at the address in Section 8.8. If you are a
California resident, you may report complaints to the Complaint Assistance
Unit of the Division of Consumer Product of the California Department of
Consumer Affairs by contacting them in writing at 400 R Street, Sacramento,
CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The
foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and
us regarding the use of the Site. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of such
right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word
“including” means “including without limitation”.
If any provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and
the invalid or unenforceable provision will be deemed modified so that it
is valid and enforceable to the maximum extent permitted by law. Your
relationship to Company is that of an independent contractor, and neither
party is an agent or partner of the other. These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Company’s prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.
Copyright/Trademark Information. Copyright © 2022 Cole House LLC. All
rights reserved. All trademarks, logos and service marks
(“Marks”) displayed on the Site are our property or the
property of other third parties. You are not permitted to use these Marks
without our prior written consent or the consent of such third party which
may own the Marks.
2 Tempe Wick Road, #91
Mendham, New Jersey 07945