Terms of Use

Date of Last Revision:  >January 27, 2011

1.     Agreement to Terms of Use.  These Terms of Use (the “Terms”) govern your access to and use of careerforesight.com (the “Site”) and the services provided through the Site (the “Services”).  PLEASE READ THE TERMS CAREFULLY.  By accepting the Terms, or by accessing or using the Site or the Services, you agree to be bound by the Terms to the Site’s owner, Career Foresight, LLC (Career Foresight” or “we”).  If you do not accept the Terms, you are not entitled to use the Site or the Services.  If you fail to accept or abide by the Terms (as modified from time to time), we may terminate your rights to use the Site and the Services.

2.     Modifications to the Terms; Modifications to or Discontinuation of the Site or the Services.  In its sole and absolute discretion, at any time, Career Foresight (i) may modify the Terms by displaying the modified Terms on the Site, (ii) may modify the Site or the Services, (iii) may discontinue the Site or the Services in whole or in part, (iv) may modify or eliminate any access or transmission method to or for the Services, or (v) may change transmission speeds for the Services.  Any modifications to the Terms will be effective when displayed on the Site (or as stated otherwise on the Site), and any modifications to the Site or the Services will be effective when made.  If you continue to access or use the Site or the Services following any modification of the Terms, you agree to be bound by the Terms as modified.  If you continue to access the Services following modification of the Services, you agree to accept the modifications.  We expressly reject any modifications to the Terms that you propose in the future.  Career Foresight will not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this Section.

3.     Additional Definitions. The following additional definitions apply to the Terms:

3.1.   “Career Foresight Materials” means any materials, methodologies, models, implementation plans, text (editorial, navigational, or instructional), graphics, logos, designs, trademarks, service marks (including “Career Foresight”), trade names, service names, brand names, layouts, computer code (client-side and server-side), Feedback Data, or other intellectual property utilized, provided or displayed by Career Foresight on the Site or accessible by you when accessing the Site or the Services, but excluding any of your User Content.

3.2.   “Feedback Data” means reports, analyses, measurements, evaluations and the like generated through the Services utilizing User Content input or uploaded by you (which are intended to be accessible by you through your Personal File), but not including the concepts, programs, methodologies, models, formats or other intellectual property utilized by Career Foresight or its licensors in generating such items).

3.3.   “Level of Service” means that particular set of the Services that you designate you wish to utilize through the Site during registration or at such other times as allowed on the Site.

3.4.   “person” means any corporation, company, partnership, firm, joint venture, association, trust, governmental agency, other entity, or natural person.

3.5.   “Personal File” means those input pages within the Site made available to you following your log on to the Site that are designed and intended for receipt of your input or upload of data pertaining to your profile, your attributes, your goals, your past and present activities, your achievements, your records, your affiliations and the like (which may be in the form of audio, photographs, documents, graphics, text or other forms).

3.6.   “User Content” means any content, including, but not limited to, any audio, photographs, documents, graphics and text, input or uploaded by you into your Personal File.

4.     Additional Requirement for Access or Use.<  In order to access or use the Site or the Services, you must:

4.1.   be at least 13 years old (and by accessing the Site or the Services, you certify that you are at least 13 years old).

4.2.   register to use the Site and the Services.

4.3.   select a Level of Service.

4.4.   make certain elections regarding the rights of Career Foresight to use or share you User Content.

4.5.   promptly update your account information when the information is no longer accurate.

4.6.   notify Career Foresight promptly if your username and/or password are stolen or otherwise compromised such that someone other than you would have access to your account or the Site or the Services using your username and/or password.

4.7.   timely pay any user fees required in connection with your selection of a “Subscription” Level of Service.

5.     Permitted Uses; Prohibited Uses.

5.1.   Permitted Uses.  The Site and the Services are intended for your use (i) in connection with your preparation for and planning of your career, college application and admission process, personal goal setting and achievement, and similar personal development and advancement purposes, and (ii) for your input or uploading, editing, deleting, manipulating, downloading and printing User Content in connection with the foregoing.  You may not use the Site and the Services for any unlawful purpose or any commercial purpose.  You may use the Site and the Services only for lawful purposes consistent with the intended uses described above.  We have the sole right, in our absolute discretion, to determine whether your use of the Site and the Services are consistent with the intended uses described above, to change the intended uses from time to time, or to otherwise limit your use of the Site and the Services.

5.2.   Prohibited Uses.  The Site and the Services may not be used for uses other than the uses described in Section 5.1 above, including, but not limited to the following prohibited uses:  (i) commercial use, (ii) unlawful use, (iii) introducing a virus, worm, Trojan horse or other harmful software code or similar files that may damage the operation of Career Foresight’s or any other person’s computer, database or other property, (iv) taking any action that could damage, disable, overburden, or impair any Career Foresight server, or network(s) connect to any such server, or that imposes an unreasonable or disproportionately large load on the Site's infrastructure, (v) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services, (vi) interfering with any other person's use and enjoyment of the Site or the Services; (vii) attempting to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to a Career Foresight server through hacking, password mining, or any other means, (viii) obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site or the Services; (ix) hosting, selling, leasing, or renting access to or use of the Site of the Services, or otherwise transferring any rights to use the Site of the Services, on a subscription or fee basis or otherwise, (x) engaging in any systematic extraction of data or data fields (other than your User Content), including without limitation e-mail addresses (xi) disclosing, harvesting, or otherwise collecting Information, including e-mail addresses, or other private information about any other person without that person's express written consent; (xii) transmitting junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited e-mail or duplicative messages; (xiii) defrauding, defaming, abusing, threatening or harassing, or otherwise violating the legal rights (such as rights of privacy and publicity) of others; (xiv) uploading, or otherwise making available, files or content that contain images, photographs, software, or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws, unless you own or control the rights to those files or that content or have received all necessary consents to do so, (xv), using or attempting to use any engine, software, tool, agent or other device or mechanism to navigate or search the Site other than the search engine and search agents available from Career Foresight on the Site or generally available third-party web browsers, or (xvi) attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site.

5.3.   User Content.

5.3.1.  On an ongoing basis, you represent and warrant that (i) you are the owner, licensee or authorized user of all User Content, (ii) you will not input or upload any User Content or other content into your Personal File that infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any person.

5.3.2.  You retain all right, title and interest in and to the User Content.

5.3.3.  We retain the right to create reasonable limits on the User Content and the capacity of the Services, such as file size, storage space, processing capacity, time frames for retention of Content and similar limitations as otherwise determined by us in our sole and absolute discretion.

5.3.4.  We will make commercially reasonable efforts to block the input or uploading of others’ content that contains viruses by using industry standard virus detection software.

5.3.5.  We will have no responsibility or liability for the deletion or alteration of User Content.

5.3.6.  We reserve the absolute right to reject your inputting or uploading of any User Content.

6.     Ownership of the Site, the Services and the Career Foresight Materials.  The Site, the Services and the Career Foresight Materials, and all right, title and interest in and to them, including all copyrights, trademarks, service marks, patents, trade secrets or other intellectual property or proprietary rights in and to the Site, the Service and the Career Foresight Materials, are the sole property of Career Foresight or its licensors, and are protected by United States and foreign copyright, trademark and other laws.  Except for your and others’ rights to access and use the Site, the Services and the Career Foresight Materials as permitted under the Terms, we reserve for Career Foresight and our licensors all other right, title and interest.  You are not permitted to use or permit any third person to take, appropriate, copy or use any Career Foresight Materials except for the purposes expressly contemplated in the Terms without our prior written consent, physically (and not electronically) signed by a representative of Career Foresight.

7.     Ownership of the User Content; Use of Feedback Data.  You retain all right, title and interest in and to the User Content.  Further, you will have a royalty-free right and license to view, copy, print and otherwise utilize any and all Feedback Data pertaining to you available through your access to your Personal, for your personal and non-commercial use only.

8.     Representation and Agreement regarding Age.  You represent that you are at least 13 years old, and you agree that if your are under 18 years old (and older than 13 years old) or under the age of majority as that is defined in your legal jurisdiction, then you will use the Sites and the Services only under the supervision of a parent, legal guardian, or other responsible adult.

9.     Fees for Use of the Services.  While certain Levels of Service are provided at no charge to you, Career Foresight may offer enhanced Levels of Service from time to time for a fee.  You will comply with any and all provisions on the Site applicable to the payment of fees for use of those enhanced Levels of Services.  Delinquent fees owing for use of enhanced Levels of Service are subject to interest of 1.5% per month, or the maximum rate permitted by law, whichever is less, beginning thirty (30) days following the due date of the fees, plus all expenses of collection, including reasonable attorneys’ fees. 

10.   Termination.

10.1. Either Career Foresight or you may terminate you use of the Site and the Services at will (without cause) at any time.  We will use our reasonable efforts to provide you ten (10) days written notice prior to termination of your use without cause (failure to comply with the Terms).  If we terminate your use for cause (including the timely payment of any fees owing for the Services), we will have no obligation to provide any prior notice, and may delete or freeze your User Content in its sole and absolute discretion.  Without limiting our rights under the foregoing two sentences, we may terminate your use without cause for inactivity, which, in our discretion, generally will mean if you fail to access your User Content for a period of 180 days.  Upon termination, we will have the right to delete any or all User Content.

10.2. In lieu of terminating your use, if you fail to comply with the Terms (including the timely payment of any fees owing for the Services), we may suspend your use of the Service until you demonstrate your compliance with certain conditions dictated by Career Foresight.

11.   Site and Security.  

11.1. Career Foresight intends to use commercially reasonable efforts to implement technical safeguards and procedures to protect the Site, your Personal File, your User Content and other information you may input or uploaded into the Site from unauthorized access.  Except for the purposes set forth in Section 11.5 below, no one other than you will be authorized to view your User Content, including Career Foresight and its owners, officers, directors, employees, agents, contractors or other representatives. 

11.2. You are responsible for maintaining the confidentiality of your log-on information, including, but not limited to, your username and password. You are responsible for all uses of your registration and account with us, whether or not authorized by you. You agree to notify Career Foresight immediately of any unauthorized use of your log-on information to access the Site, and will promptly change your password if your password is compromised.

11.3. We will use customary protocols for communicating with you via e-mail.  However, we cannot and do not guarantee the security of the e-mails sent to your or received from you from unauthorized intrusions, interception or hacking by third persons, and will not be liable for any loss or damages to you as a result of or relating to unauthorized access to or misuse of those e-mails.

11.4. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for your use or logging into a server or account you are not authorized to access, or accessing a the Personal File pertaining to another user, (ii) attempting to probe, scan or test the vulnerability of a the Site or its system or network or to breach the Site’s security or authentication measures without proper authorization, or (iii) attempting to interfere with the Services provided to others, including, without limitation, via means of submitting a virus to the Site or servers operating the Site or storing data related to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site or its servers.

11.5. Career Foresight will have the unrestricted right to access, use and view any and all User Content in order to (i) respond to your support requests following your specific authorization to do so, (ii) detect, prevent, or otherwise address fraud, security, or technical issues, (iii) respond to the valid legal process of a law enforcement agency or a court of law, or (iv) enforce the Terms.  Your input or uploading of User Content will constitute your granting to Career Foresight and our agents a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt and display your User Content only as necessary to accomplish the foregoing.

11.6. We may hire one or more vendors to provide system hosting and other information technology services to us.  You acknowledge that, notwithstanding anything to the contrary in the Terms, the terms and conditions pursuant to which we may engage one or more web hosting vendors to host the Site may be their standard terms and conditions, including any data security and privacy provisions contained in such terms and conditions, which provisions may not contain protections as strict as those otherwise contained in the Terms.  To that extent, the Terms are qualified and subject to any such terms and conditions.

12.   Investigations.  If we learn that you may have violated the Terms, we may investigate the circumstances relating to the possible violation, and we, in our sole and absolute discretion, without prior notice to you, may take those steps we deem reasonably appropriate in connection with our investigation, including viewing or making copies of all or any portion of your User Content.  If, as a result of its investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities or other government officials, which may include providing such authorities access to, or providing such authorities copies of, your User Content.  Violation of certain of the Terms, in particular, the security rules contained in Section 11.4 above, could result in your civil or criminal liability.

13.   Links.  Career Foresight may provide links to other web sites or resources as part of the Services as a convenience to you.  We are not responsible for the contents, products or services on or provided through any third person site, and the inclusion of any link does not imply that Career Foresight endorses the content on such third person sites. You may visit any such third person sites solely at your own risk.

14.   Operation of Site; Loss of User Content. We will not be responsible for any delays or interruptions of, or errors or omissions contained in, the Site or the Services, and we will not be responsible for loss of any User Content, whether or not such delays, interruptions, errors omissions, or losses are due to factors within our control.  You should make and retain copies of your User Content from time to time to protect yourself against the possibility of loss of your User Content in your Personal File.

15.   Privacy Policy.

15.1. In connection with your registration at the Site and, if you are utilizing a Level of Service requiring the payment of fees, in connection with your undertaking to pay, and payment of, fees, Career Foresight intends to collect from you personally identifiable information, including your name, contact information (such as your e-mail address) and possibly other personally identifiable information.  You agree that we may use your personally identifiable information to contact you as we deem advisable in connection with its provision of the Services to you.

15.2. Users of the Site can access its home page, and browse some areas of the Site, without disclosing any personally identifiable information.  We automatically track certain information based on the behavior of the users of the Site and use that information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users in general.  This information may include, but may not necessarily be limited to, the URL that you have come from prior to accessing the Site, the URL you go to following the Site, the time and date of your use of the Site, your computer browser information, and other information that does not personally identify you.  In addition, we gather information about you that is automatically collected by our web server, such as your IP address and domain name.  We use “cookies,” small files sent to your Web browser and stored on your computer’s hard drive, to improve your browsing experience at the Site.  We may use cookies to personalize the Site for you.  The cookies also can be used to speed up your access to the Site and the particular information you want to see.  The cookie does not contain any personal information.  You may use your web browser settings to prevent the use of cookies; however, please be aware that some functionality may be lost.  

15.3. We reserve the right to utilize search engines or other automated means to search your User Content and the User Content of our other users in order to compile non-personally identifiable information about you and our other users (such as your geographic region, education level, age, industry, occupation, number of records input into or maintained in your User Content, or various other attributes), to aggregate such information across all or segments of our users, and to use such aggregate information, strictly on an anonymous basis, for a variety of purposes, such as better tailoring our services to our user base, creating enhancements to the Services, attracting advertisers of products and services to the Site that may interest our users, providing reports to you on how certain of your attributes may compare to various segments of our user base, or to enable public or private schools or school systems sponsoring Career Foresight, or other sponsor organizations, to evaluate, on a strictly anonymous basis, the overall level of usage of Career Foresight by its students or other constituents.

15.4. We do not sell our users' personally identifiable information to anyone for any reason.  However, we may share personally identifiable information with a third person or persons as necessary in connection with a user’s undertaking to pay, and payment of, any fees owing for the Services; provided that we intend to comply with legal and industry data security standards in connection with any undertaking of Career Foresight to accept payments by credit or debit card.  Further, personally identifiable information may be transferred to a third person in the event of a transfer of ownership or assets, or a bankruptcy of, Career Foresight.  The foregoing sharing or transfer of such information may be made with or without your consent, and with or without notice.

15.5. Career Foresight may offer a program (the “Referral Program”) whereby we will solicit or receive from one or more third persons (such as a company seeking employee candidates or a school seeking qualified student applicants) (a “Referral Client”) requests for Career Foresight to identify for that Referral Client those of our users who have attributes matching those specified by the Referral Client (such as geographic region, education level, age, industry, occupation, or various other attributes).  If you would like to participate in the Referral Program, you will be given the opportunity to participate in any such program offered by Career Foresight by opting in to the program through the Site.  Your opt-in will authorize us to search your User Content for the foregoing purpose.  If Career Foresight performs a search under the Referral Program and determines that your attributes match those specified by the Referral Client, Career Foresight would then identify to you the specific Referral Client and the purposes for which they seek to contact you.  Only if you then authorize us to do so, we would provide the Referral Client your name and contact information (telephone number, mailing address and/or email address, only as authorized by you).  We would not provide any further information about you from your User Content or otherwise.  We will have the right to charge a fee to our Referral Clients in connection with the Referral Program, and will have no obligation to share any portion of that fee with our users.

16.   Communications and Customer Service.  Customer service and technical support generally will be available to you through e-mail correspondence generated by you through this Site (by visiting the “Contact Us” page on the Site).  We may communicate to you through e-mail or it may communicate to our users in general through posting communications or other information on the Site.

17.   Warranty Disclaimers and Limitations on Liability.

17.1. ANY AND ALL OF THE SERVICES AND INFORMATION PROVIDED TO YOU THROUGH THE SITE IS PROVIDED TO YOU "AS IS."  CAREER FORESIGHT MAKES NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES PROVIDED THROUGH THE SITE, AND DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFECTIVENESS, OR NON-INFRINGEMENT OF THE SERVICES, EVEN IF CAREER FORESIGHT IS NEGLIGENT IN PROVIDING THE SITE AND ANY OF THE SERVICES.

17.2. EXCEPT FOR SERVICES IDENTIFIED AS BEING SUPPLIED BY CAREER FORESIGHT, CAREER FORESIGHT DOES NOT OPERATE, CONTROL OR ENDORSE ANY PRODUCTS OR SERVICES ON THE INTERNET IN ANY WAY, INCLUDING ANY PRODUCTS OR SERVICES ADVERTISED ON THE SITE THAT ARE NOT PRODUCTS OR SERVICES OF CAREER FORSIGHT.  CAREER FORESIGHT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING OVER THE INTERNET, INCLUDING FROM OR THROUGH THE SITE, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND YOU ASSUME RESPONSIBILITY FOR MAINTAINING APPROPRIATE SAFEGUARDS AGAINST THOSE RISKS.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA, INCLUDING USER CONTENT.  WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.

17.3. UNDER NO CIRCUMSTANCES WILL CAREER FORESIGHT OR ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OWNERS, DIRECTORS, MEMBERS, OFFICERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU (AND YOU HEREBY RELEASE SUCH PERSONS FROM LIABILITY) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR SPECIAL DAMAGES, IN CONNECTION WITH CAREER FORESIGHT’S DELIVERY OF THE SERVICES THROUGH THE SITE, OR YOUR INABILITY TO ACCESS OR USE THE SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.  IF ANY OF THE PRECEDING LIMITATIONS ARE DEEMED UNENFORCEABLE BY A JUDGE OR ARBITRATOR, THE AGGREGATE LIABILITY OF CAREER FORESIGHT AND THE OTHER ABOVE-REFERENCED PARTIES TO YOU FOR ANY ONE OR SERIES OF RELATED ACTS OR OMISSIONS WILL NOT EXCEED THE GREATER OF $10.00 OR THE TOTAL AMOUNT OF FEES PAID TO BY YOU TO CAREER FORESIGHT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE FIRST OF THE EVENTS GIVING RISE TO THE LIABILITY.

17.4. CAREER FORESIGHT WILL NOT BE LIABLE TO YOU FOR ANY DELAY OR INTERRUPTION IN PERFORMANCE OF ANY OBLIGATION IT MAY HAVE TO YOU RESULTING FROM GOVERNMENTAL EMERGENCY ORDERS, JUDICIAL OR GOVERNMENTAL ACTIONS, EMERGENCY REGULATIONS, SABOTAGE, RIOTS, VANDALISM, ACTS OF GOD, FIRES, ELECTRICAL FAILURES, OR MAJOR COMPUTER HARDWARE OR SOFTWARE FAILURES BEYOND ITS REASONABLE CONTROL.

17.5. Certain states or jurisdictions do not allow certain types of limitations on damages or the disclaiming of implied warranties.  In that case, the exclusions above may not apply.

18.   Indemnification.  You will indemnify and hold harmless Career Foresight and its licensors, suppliers, content providers, owners, directors, members, officers, agents and other representatives from and against any and all loss, liability, claim, cost, or expense (including reasonable attorneys' fees) resulting from or arising out of any third person claim asserted against and of them to the extent that the third person claim arose out of or resulted from your failure to perform in accordance with or abide by the Terms or your responsibilities under the law.

19.   Applicable Law.  The Site and the Services are controlled by Career Foresight from its offices within the United States of America (USA).  The Terms and your use of the Site and the Services will be interpreted, construed, and enforced according to the laws of the State of Georgia, USA, without regard to its principles of conflicts of law.  The application of UCITA and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

20.   Disputes.  You and Career Foresight expressly agree that any lawsuit brought by you or Career Foresight arising out of, resulting from or in connection with the Site or the Services, or relating to the Terms or a breach of the Terms, will be brought in the federal or state courts in Fulton County, Georgia, USA, and each of you and Career Foresight hereby submit to, and agree to submit to, the personal jurisdiction of any such courts for adjudication of any such lawsuit.  Due to the nature of the Terms and the Services, in addition to money damages, you agree that Career Foresight will be entitled to seek equitable relief upon a breach by you of the Terms.

21.   California Residents. If you are a California resident, you waive California Civil Code 1542, which says: "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."

22.   Third Party Beneficiaries.  Except to the extent that the Terms expressly provide rights to third persons (e.g., the right to indemnification by certain persons set forth in Section 18), no provision of the Terms provides any person other than you and Career Foresight with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

23.   Notice.  Career Foresight may give notice to you by e-mail to your e-mail address of record with Career Foresight (which may be obtained when you register or open an account with Career Foresight), or by means of a general message displayed on the home page of the Site.

24.   Invalidity of Provisions.  If any provision or portion of a provision of the Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.