CAREERACCELERATOR MOBILE APPLICATION [M1] USE AGREEMENT

 

This CareerAccelerator Mobile Application Use Agreement (“Agreement”) applies to all downloads, installations and use of the mobile application and any and documentation provided or made available therein (collectively, the “App”) called “CareerAccelerator” created by CareerAccelerator, Inc. (“CareerAccelerator” or “we”). The App is licensed to you as set forth herein and you accept this license when you download and install the App.

 

This Agreement, together with our Mobile Application Privacy Policy [M2] (“Privacy Policy”), incorporated herein by reference, govern your use of the App, our website located at https://career-ac.com/ (the “Website”), and any other related products or services (collectively, with or without the App, the “Content and Services”).

 

Users of the App (“you”) must accept this Agreement to create a CareerAccelerator account and use the App, Website, Content and Services. If you do not have an account, you may accept these Agreement by downloading the App, visiting the Website or using any part of the Services.

 

BY DOWNLOADING AND INSTALLING THE APP, registering, AND CREATING AN ACCOUNT, accessing or using our services YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE MATERIALS HYPERLINKED AND REFERENCED HEREIN; (B) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THESE AGREEMENT, AS WELL AS OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE WHERE APPLICABLE.

 

I.              DOWNLOAD AND USE OF THE CONTENT AND SERVICES

 

A.    Downloads

 

You can download and install the App on your mobile device to create an account and use the Content and Services. To download and install the Content and Services and create an account, we will ask you for select information that is needed to provide you with access to the services, including your name, e-mail address, and billing address, as applicable. We will store this information for the purposes stated in our Privacy Policy[M3] .

 

B.    Eligibility

 

The Content and Services are not for use by anyone under the age of eighteen (18) years of age or such other age of majority as dictated by applicable law (the “Minimum Age”).  To use the Content and Services, you agree that: (1) you must be the "Minimum Age" or older; (2) you will only have one CareerAccelerator account, which shall be in your real, legal name; and (3) you are not already restricted by CareerAccelerator from using the Content and Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age.  Use of the Content and Services is not permitted by residents or citizens of countries other than the United States, as set forth in our Privacy Policy. 

 

C.    Pricing and Support

 

CareerAccelerator may, from time-to-time, add or change the functionality of the Content and Services and may assess a license fee for downloads or use of the Content and Services.  CareerAccelerator may discontinue support of the Content and Services at any time and for any reason, with or without notice to you. Should you have issues with the functionality of the App, please notify CareerAccelerator via the feedback option within the App.[M4] 

 

D.   SUBSCRIPTIONS TO SERVICES; AUTOMATIC RENEWAL OF SUBSCRIPTIONS

 

For your convenience, CareerAccelerator offers the use of its Content and Services for purchase by way of a twelve (12) month subscription (“Subscription”). Subscriptions may be subject to additional terms and conditions.  CareerAccelerator further reserves the right, in its sole discretion, to modify the terms of Subscriptions.  Changes to Subscription terms and conditions, including limitations and restrictions, will be posted on our Website or made available by way of the App.  [The term on your Subscription is disclosed prior to purchase and confirmed via email following purchase.]

 

If you purchase such a Subscription, upon the anniversary of such initial twelve (12) month subscription term (“Initial Subscription Term”), the Subscription and the then-current version of this Agreement shall automatically and indefinitely renew for successive one (1) year periods (each a “Renewal Term”) without action by you, unless the Subscription is terminated as set forth herein, and the then-current Subscription fee (and applicable sales tax) will be charged to [the method of payment associated with the mobile application platform from which you purchased the App or otherwise associated with your purchasing account] at the time of such renewal.  CareerAccelerator reserves the right, in its sole discretion, to increase the fee associated with your Subscription based on CareerAccelerator's then applicable market rates.  Once charged, all purchases, including renewals, are non-refundable, except where required by applicable law.  Unless otherwise required by applicable law, CareerAccelerator may, but is not required to, provide you with notice of the renewal of your Subscription, including directly through the App or using the contact information that you have provided to CareerAccelerator.

 

You may stop your Subscription from automatically renewing by (a) terminating your account prior to the end of your then-current Subscription Term or Renewal Terms, as applicable, (b) providing CareerAccelerator with written notice of non-renewal at least thirty (30) days prior to the end of the then-current Subscription Term or Renewal Term, as applicable, to [INSERT EMAIL ADDRESS], or (c) modifying your subscription preferences from within your mobile device operating system, which for your convenience and by way of example only, may be as follows, or the mobile application store associated with your mobile device operating system.  

 

·       For Apple device users:  Users of Apple devices can manage their subscriptions by navigating to the "Subscriptions" section of their Apple ID settings on their iOS device.

 

·       For Android users:  Users of Android devices can manage their subscriptions by navigating to the "Payment and Subscriptions" section of their Android device.

 

CareerAccelerator may stop Subscriptions from automatically renewing by providing you notice of non-renewal (including by email) before the end of your then-current term of your Subscription Term.  [M5] 

 

E.    Communication

 

We may provide notices and messages to you in the following ways: (1) within the App or on our Website, or (2) sent to the contact information that you have provided us in connection with your account. You agree to keep the contact information that you have shared with us up to date and accurate through the App.

 

F.    Compatibility

 

You acknowledge that you have verified the compatibility of the App with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the App). You are solely responsible for determining the compatibility of the App with other equipment. CareerAccelerator is not responsible for ensuring that the App will work with your devices, or that it will not harm your devices.

 

G.   Necessary Equipment

 

Full use of the Content and Services is dependent upon your use of a compatible computer or mobile device with an adequate operating system to support and use the App or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Content and Services.  It is your sole responsibility to ensure the equipment’s functionality.

 

H.   Acceptance

 

All downloads of the App and the creation and use of accounts related thereto are subject to acceptance by CareerAccelerator, in its sole and reasonable discretion. After you download and install the App and create a user account, you will receive an email from CareerAccelerator confirming that your account has been created[M6] . CareerAccelerator reserves the right to terminate or suspend your use of the Services or your account in its sole discretion.

 

I.     Privacy Policies

 

You agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of our Privacy Policy[M7] . Any information that CareerAccelerator collects through your use of the App is subject to our Mobile App Privacy Policy, and your use of our Website is subject to our Website Privacy Policy and related terms of use, as applicable, which are incorporated herein, as applicable. 

 

J.     Unacceptable Use of the Services

 

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Content and Services: (a) use, display, mirror or frame the Content and Services or any individual element within the Content and Services, CareerAccelerator’s name, any CareerAccelerator trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CareerAccelerator’s express written consent; (b) access or tamper with non-public areas of the Content and Services, CareerAccelerator’s computer systems, or the technical delivery systems of CareerAccelerator’s providers; (c) test the vulnerability of any CareerAccelerator system or breach any security or authentication measures; (d) circumvent any technological measure implemented by CareerAccelerator or any of CareerAccelerator’s providers or any other third party (including another user) to protect the Content and Services; (e) access the Content and the Services through the use of any mechanism other than through the use of your mobile device or equipment that you are authorized to use; (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of the Content and Services that CareerAccelerator provides to you or any other part of the Content or Services; (g) use the Content or Services in any way that causes, or may damage or impair the availability or accessibility of the Content and Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity; or (h) use the Content and Services in any way that results in commercial use for a fee from a third party, including by way of rent, sale or sublicense.

 

You shall not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the Content or the Services without CareerAccelerator’s prior express written consent.  You must not use the the Content and Services for any purposes related to marketing any product that is not sold through or by CareerAccelerator without CareerAccelerator’s express written consent.

 

K.    Candor and Conduct

 

In connection with your use of the Content and Services, you agree that you shall (1) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and other regulatory requirements, (2) provide us with accurate information, including your correct, legal name, and maintain such information so that it will always be accurate in our records, (3) you will use the Content and Services in a civil, professional manner, including having respect for others, and (4) any and all information, content, pictures, and communication shared with or in connection with the Content and Services will be civil, appropriate for all audiences, and “safe for work”.  Additionally, you agree that, in connection with your use of the Content and Services, you will not: (1) misrepresent your identity, create an account for anyone other than yourself, or use or attempt to use another’s account, or use a false identity, (2) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Content and Services or information from such locations, (3) override any security feature or bypass or circumvent any access controls or use limits , (4) violation applicable law, including intellectual property and privacy laws, (5) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Content and Services or any related technology that is not open source, (6) use the Content and Services for any other purposes other than as expressly set forth herein, (7) monitor the Content and Services’ availability, performance or functionality for any competitive purpose, and (8) violate any additional terms concerning the Content and Services.

 

II.            YOUR OBLIGATIONS

 

A.    Account Security

 

In connection with your use of the Content and Services, you agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and any and all codes of conduct or such other policies detailing and dictating acceptable use and conduct in connection with the Content and Services. You are responsible for anything that happens through your account unless you close it or report misuse in the manner(s) and mean(s) prescribed.

 

As between you and others (including your employer, as applicable), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

 

B.    Account Accuracy

 

You agree to keep your contact and payment information up to date and to correct any inaccuracies as soon as you become aware of them.

 

C.    Payment

 

You agree to pay us the applicable fees and taxes and to additional terms specific to the paid Content and Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

 

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
• If you purchase a Subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period as set forth earlier herein. To avoid future charges, cancel before the renewal date.
• All of your purchases of Services are subject to [our Purchase Terms and Conditions].
• We may transfer your bulling information to our payment processor(s) as disclosed in our Privacy[Ma8]  Policy.[M9] 
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

 

III.         INTELLECTUAL PROPERTY; LICENSE

 

A.    License to the Content and Services

 

CareerAccelerator grants to you a limited, nonexclusive, nontransferable license to download, install and use the Content and Services in accordance with the Agreement.  CareerAccelerator reserves all rights and licenses in and to the Content and Services not expressly granted to you under these terms and conditions.

 

You grant CareerAccelerator a worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish and process, information and content that you provide through the Content and Services, without any further consent, notice and/or compensation to you or others.  You can end this license for specific content by deleting such content from the Content and Services, or generally by closing your account, except (1) to the extent you shared it with others as part of the Content and Services and they copied, re-shared it or stored it and (2) for the reasonable time it takes to remove from backup and other systems.  We will get your consent if we want to give others the right to publish your content beyond the the Content and Services.  We may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), as we, in our sole, reasonable discretion deem necessary or appropriate; however, we will not modify the meaning of your expression.

 

B.       CareerAccelerator Content

 

“CareerAccelerator Content” includes any text, graphics, images, music, the Content and Services, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Content and Services to you. Except for your Personal Information (defined in our Privacy Policy), the Content and the Services and any underlying code and technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. CareerAccelerator reserves all of its intellectual property rights in the Content and Services.  You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and Services.  All such rights are expressly reserved by CareerAccelerator.

 

You may not use CareerAccelerator trademarks or in any manner including in any metatags or any other  “hidden text” without CareerAccelerator’s express written permission.  Reference by CareerAccelerator to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by CareerAccelerator.

 

C.       Your Data

 

As between you and CareerAccelerator, you own the content and information that you provide or make available by way of the Content and Services.  You grant CareerAccelerator and its subsidiaries and affiliates a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Content and Services and the services of others, without any further consent, notice and/or compensation to you or others.

 

You may terminate this license for specific content by deleting such content from the Content and Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Content and Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

 

We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, in accordance with our then-current Privacy Policy. If you use certain features in connection with the Content or Services, we may mention your doing so with your name or photo and the logo of any organization with which you have represented that you are affiliated or associated to promote that feature within our Services, subject to your settings.  You agree to us doing this without notice to you publicity releases, advertising or other promotional activities without your prior written consent or review. You hereby CareerAccelerator a worldwide, non-exclusive, royalty-free, non-transferable license to use your trademarks, service marks, logos, and your likeness and your name for the aforementioned purposes.

 

• We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public, everyone or similar", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. 
• While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
• Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

 

D.   Feedback and Submissions Policy

 

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you, and without notice to you.  We do not waive rights to use similar or related ideas or feedback previously known to us, developed by CareerAccelerator, or obtained from sources other than you. 

 

IV.          Enforcement Rights

 

Other than set forth herein, CareerAccelerator is not obligated to monitor access or use of the Content and Services, or your information, but we have the right to do so to ensure compliance with these Agreement and applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Content and Services, or your account or information at any time and without notice, and at our sole discretion, if we determine that your use of the App is objectionable or in violation of these terms and conditions or applicable law. We have the right to investigate violations of this Agreement and any conduct that affects the performance or use of the Content or Services or the community of CareerAccelerator users generally.

 

V.            DISCLAIMER OF WARRANTIES; LIMTATION OF LIABILITY

 

A.    Disclaimer of Warranties

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CAREERACCELERATOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CAREERACCELERATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP, THE WEBSITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER APP, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.‌

 

B.    Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAREERACCELERATOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES FOR: (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

You acknowledge and agree that this limitation of liability is part of the basis of the bargain between you and CareerAccelerator and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if CareerAccelerator or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

 

C.    Limitation on Claims

 

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Content Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

VI.          INDEMNIFICATION

You hereby agree to fully indemnify, defend, and hold harmless CareerAccelerator, its affiliates, representatives, officers, and directors from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CareerAccelerator or its affiliates to a third party in settlement of a claim or dispute) incurred or suffered by CareerAccelerator arising out of any actual or alleged breach by you of any provision of this Agreement or use the Content and Services .

 

VII.       Use at Your Own Risk

 

Our goal is to provide helpful and accurate information in the Content and Services, but we make no endorsement, representation or warranty of any kind about the Content or Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Content or Services. If you rely on the Content or Services, you do so solely at your own risk.  In particular, users of the Content or Services are responsible for their own actions and use of the Content or Services, including entering into, modifying and completing tasks within the Content or Services.  Such actions may give rise to ratings within the Content or Services that are publicly viewable.  We take no responsibility for such user ratings or users’ failures to perform tasks within the Content or Servics.

 

VIII.     VOID WHERE PROHIBITED

 

Although the Website and App may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Content or Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. CareerAccelerator reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Content or Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

IX.          Breach of THIS Agreement

 

Without prejudice to CareerAccelerator's other rights under these Agreement, if you breach these Agreement or any of the policies and documents referenced herein, in any way or applicable law, CareerAccelerator may take such action as it deems, in its sole discretion, appropriate to deal with the breach, including suspending or blocking your access to the Content or Services, blocking computers or mobile devices using your IP address from accessing the Content or Services, contacting your internet service provider to request that they block your access to the Content or Services and/or bringing court proceedings against you, and terminating your account.

 

X.            TERMINATION

 

Both you and CareerAccelerator may terminate this Agreement at any time with notice to the other. For clarity, cancellation of a Subscription will terminate your access to the Services upon the effective date of such cancellation.  On termination, you lose the right to access or use the Content and Services. The provisions of this Agreement which should by their very nature survive termination shall survive termination, including, but not limited to our rights to use and disclose your feedback and any payment obligations.

 

XI.          MISCELLANOUS PROVISIONS

 

A.    Emails and Communications

As part of your use of the Content or the Services, you may receive communications, including emails, text messages, phone calls, and in-App communications. By downloading and installing the Content and Services and creating and account, you agree to the receipt of these communications. In the event that you wish to cease your receipt of these communications, please contact us as outlined in our Privacy Policy[M10] .

 

B.    Third Party Links and Websites

 

The Content and Services may contain links to third party websites, apps, services and resources (collectively “Third Party Services”) that are not under CareerAccelerator’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Services.

 

C.    Changes to the App, Website, Content and Services, and Our Policies

 

CareerAccelerator may change or discontinue, temporarily or permanently, any feature or component of the Content or the Services at any time without notice. Accordingly, we encourage you to periodically read these terms and conditions as well as our Privacy Policy [M11] to determine the terms and conditions to which you are bound.  CareerAccelerator is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Content and Services. We reserve the right to determine the timing and substance of updates to our Content and Services, which may be automatically downloaded and installed by CareerAccelerator products without prior notice to you.

 

We may communicate with you about your account, the Content and the Services, and changes to this Agreement and our Privacy Policy [M12] via email (to the email address that you provide when you create your account), in-App communications, App notifications (provided that they are enabled), or text (to the device number or address that you provide when you create your account).  BY CONTINUING TO USE THE CONTENT AND SERVICES, YOU AGREE THAT YOU WILL ACCEPT SUCH CHANGES IN THE METHOD SET FORTH HEREIN.

 

D.   Governing Law and Venue

The Agreement and the resolution of any disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.

 

We would like to resolve any complaints or dissatisfaction before it ever reaches the point of litigation.  In the event that you are dissatisfied with the Content and Services, please contact our customer support team using the feedback function in the app.  In the event that we are unable to satisfactorily resolve your claim, you and We agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Suffolk County, Massachusetts. Both you and We consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

 

E.    No Class Actions

You may only resolve disputes with CareerAccelerator on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement

 

F.        Assignment

You may not assign or transfer these Agreement by operation of law or otherwise, without CareerAccelerator’s express prior written consent. Any attempt to do so, without CareerAccelerator’s consent, will be null and of no effect. CareerAccelerator may freely assign these Agreement.

 

G.   Force Majeure (Acts of God)

 

CareerAccelerator will not be responsible for any failure or delay in its performance under these Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

 

The failure by CareerAccelerator to enforce any provision of these Agreement will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Agreement will remain in full force and effect.

 

H.   Entire Agreement

 

This Agreement, together with , any applicable purchase terms and conditions, and the Privacy Policy[M13] , constitute the complete and exclusive agreement between CareerAccelerator and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Agreement will be effective only if in writing and signed by duly authorized representatives of each party. If any provision(s) of this Agreement is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CareerAccelerator’s failure to exercise or enforce any right or provision of these Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by CareerAccelerator in writing.

 

I.     Export Controls

 

You will not export or re-export, directly or indirectly, the Content and Services, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

 

J.     Notices

 

All notices required or permitted to be given under these Agreement will be in writing and will be deemed given: (1) upon actual delivery, if made by personal service; (2) three (3) days after mailing, if made by U.S. certified or registered mail; and (3) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.

 

XII.       CONTACT US

If you have additional questions about these Agreement, please write to us using the feedback function in the app or at:

 

CareerAccelerator, Inc.

17 De Hart Rd

Maplewood, NJ, 07040

Email Address: ca@careerac.net[M14] [Ma15] 

 

Effective[M16] :  1/2/2026

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