CareerPoint USER AGREEMENT CONTRACT FOR SERVICES AND APPLICATIONS
1. ACCEPTANCE OF TERMS
By logging in and accessing any services, applications, or platforms offered by CareerPoint (hereinafter referred to as “CareerPoint” and “the Platform”) you, the user, agree to be bound by the terms and conditions outlined in this User Agreement Contract for Services and Applications (“Agreement”). This Agreement governs the relationship between the Platform and you, whether you are a providing coaching services (“Coach”) or are a person being coached (“Coachee”).
2. REGISTRATION AND ACCOUNT RESPONSIBILITY
You must provide true, accurate, and complete registration information. Each user is responsible for maintaining the confidentiality of their password and account. You agree to immediately notify CareerPoint of any unauthorized use or any breach of security.
3. USE OF SERVICE
The Platform offers a virtual coaching, personal development service where Coaches provide insight and career guidance to Coachees. You agree that the services and all content and materials provided are for informational purposes only, and the CareerPoint parties do not themselves provide services requiring professional licensure (e.g. physician, doctor, therapist, or other medical professional) and that the services do not contain or constitute, and should not be interpreted as, medical advice or opinion.
The coaches are independent providers who are neither CareerPoint employees nor agents nor representatives. The Platform’s role is limited to enabling the Coaching Services while the Coaching Services themselves are the responsibility of the coach who provides them. If you feel the Coaching Services provided by the coach do not fit your needs or expectations, you may change to a different coach who provides services through the Platform. If a coach you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your coach is no longer on the Platform and that you have the opportunity to match with a new coach.
The content, advice, or suggestions provided by Coaches are not endorsed by CareerPoint, and any actions or decisions made based on such content are at the user’s own risk.
4. USER CONDUCT
All users agree to not use the service to:
a) Transmit content that is harmful, abusive, or objectionable.
b) Violate any local, state, national, or international laws.
c) Harass, threaten, or otherwise violate the rights of others.
d) Attempt to gain unauthorized access to other user accounts or the Platform’s systems.
5. INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP
All user-generated content, data, and information remains the intellectual property of the user. In addition, you hereby grant to CareerPoint a non-exclusive, worldwide, royalty-free, transferable, sublicensable and fully paid license to (i) use the content as necessary to provide the Services; (ii) create and use aggregated or de-identified content (a) to improve the Services and CareerPoint’s related product and service offerings; (b) to create new products and services relating to the Services (including analytics services such as providing benchmarking); (c) to generate and disclose statistics regarding use of the Services, provided, however, that no user identifiable statistics will be disclosed without the user’s consent.
The Services and all other materials provided by CareerPoint hereunder, including but not limited to all platforms, manuals, reports, records, programs, data and other materials, and all intellectual property rights in each of the foregoing, are the exclusive property of CareerPoint and its suppliers. The user agrees that they will not, and will not permit any other party to: (a) access or use the Services except as set forth in this Agreement; (b) modify, adapt, alter or translate the Platform; (c) sublicense, lease, rent, loan, distribute, or otherwise transfer or make available the Services to any third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Services; (e) use or copy the Services except for the Limited Purpose; or (f) publish or disclose to any third party any performance benchmark tests or analyses or other non-public information relating to the Services or the use thereof.
6. CUSTOMER RELATIONSHIP NON-CIRCUMVENTION
If a Coach and Coachee (or other business relationship) is established or facilitated through CareerPoint, both parties agree that they will not attempt to bypass, avoid, or circumvent CareerPoint in any manner to contract, negotiate, or engage in any business without the express written consent of CareerPoint for a period of 12 months from the last date of their interaction on the Platform.
All parties acknowledge that CareerPoint has invested substantial resources in building, maintaining, and marketing the Platform, and as such, any attempt to circumvent the Platform in the aforementioned manner would cause significant harm to CareerPoint.
In the event that either party is found to have breached this clause, they will be liable for any losses incurred by CareerPoint due to this breach, including but not limited to lost profits, and may be subject to penalties.
The Platform is provided “as is”. CareerPoint disclaims all warranties, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. LIMITATION OF LIABILITY
In no event shall CareerPoint be liable for any indirect, special, incidental, or consequential damages arising out of or related to this Agreement or the use or inability to use the Platform.
CareerPoint reserves the right to terminate your account and access to the Platform for any reason, including but not limited to, breach of this Agreement.
CareerPoint may amend this Agreement at any time. The amended terms will be effective immediately upon posting to the Platform.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA without regard to its conflict of law provisions.
12. DISPUTE RESOLUTION
With regard to Coaches, the user acknowledges that the Agreement Between CareerPoint and Client for Use of CareerPoint Professional Services and Technology Platform (“Platform Agreement”) between CareerPoint and the Coaches includes an Arbitration Provision. The user agrees to be bound by the Arbitration Provision and to arbitrate any claims against a Coach or Coaches arising out of or related to use of the Platform or Platform Services or performance of Client Services (as defined in the Platform Agreement).
With regard to General Provisions, in the event of a dispute regarding any matter under this Agreement, each party agrees to first make diligent and commercially reasonable efforts to resolve such dispute amicably with the other party. To the extent the dispute is not resolved within fifteen (15) days, the parties agree that any dispute regarding this Agreement shall then be settled by binding arbitration in the State of Delaware, USA.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
For any concerns or questions related to this Agreement or the Platform, please contact CareerPoint’s support team at firstname.lastname@example.org
By logging into and accessing any CareerPoint platforms, systems, or applications you acknowledge that you have read, understood, and agree to be bound by this User Agreement Contract for Services and Applications.