Dane Media LLC
385 Sylvan Ave Englewood Cliffs NJ 07632
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 4 and 10). These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.
2. CONSUMER INFORMATION SECURITY POLICY
The Careerschooladvisor.com Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.
3. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of this Website are: Copyright © 2009 DaneMedia.com, LLC., 385 Sylvan Ave Englewood Cliffs 07632, U.S.A. All rights reserved.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Website are copyrighted as a collective work under the United States copyright laws. Careerschooladvisor.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Careerschooladvisor.com and the copyright owner. Elements of this Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. Nothing on this Website should be construed as granting, by implication or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on this Website, without the prior written permission of Careerschooladvisor.com or the applicable Mark holder specific for each such use. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Careerschooladvisor.com in writing.
4. DISCLAIMERS AND LIABILITY
Careerschooladvisor.com intends that the information contained in this Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Careerschooladvisor.com at any time. Under no circumstances will Careerschooladvisor.com be liable for any loss or damage caused by your reliance on information obtained through this Website unless otherwise provided by law. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website.
THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. Careerschooladvisor.com AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE AND ANY INFORMATION, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEBSITE IS AT YOUR OWN RISK. Careerschooladvisor.com AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THIS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Careerschooladvisor.com RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Careerschooladvisor.com AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
Careerschooladvisor.com may choose to electronically deliver all information related to its services and your requests. Careerschooladvisor.com electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, and the privacy policies of Careerschooladvisor.com. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Careerschooladvisor.com. This means that Careerschooladvisor.com may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that Careerschooladvisor.com receives from other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically. The Consent for Electronic Disclosures, hereby incorporated by reference into this Agreement, is the disclosure that provides greater detail.
As a condition of use of this Website, you agree to indemnify Careerschooladvisor.com and its suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
8. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Careerschooladvisor.com does not operate or control in any respect any information, software, products or services available on such websites. Careerschooladvisor.com’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave this Website please note that Careerschooladvisor.com is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
9. ERRORS AND DELAYS
Careerschooladvisor.com is not responsible for any errors or delays in responding to a request caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
10. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Website, to the goods or services provided by Careerschooladvisor.com, or to any acts or omissions for which you may contend Careerschooladvisor.com is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Bergen County, New Jersey except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Careerschooladvisor.com. In any arbitration, Careerschooladvisor.com will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Bergen County, New Jersey. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Careerschooladvisor.com WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using this Website, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Careerschooladvisor.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Bergen County, New Jersey. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
11. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of this Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in this Website and any operating rules for this Website) constitutes the entire agreement between you and Careerschooladvisor.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Careerschooladvisor.com with respect to this Website and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.