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Terms of Service Agreement (Paid Mentorship Service).PLEASE READ CAREFULLY--THIS IS A BINDING CONTRACT BY ACCEPTING THESE TERMS OF SERVICE AGREEMENT AND CONTINUING TO USE SERVICES YOU WILL BE DEEMED TO HAVE CONFIRMED THAT YOU (A) ARE ABOVE THE AGE OF 18 (EXCEPT IF YOU RESIDE IN THE STATE OF ALABAMA AND NEBRASKA YOU MUST BE 19 YEARS OR OLDER, AND YOU MUST BE 21 YEARS OLD OR OLDER IF YOU RESIDE IN MISSISSIPPI), AND (B) HAVE ACCEPTED CAREERIST PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS OF USE AS AN INTEGRAL PART OF THESE TERMS OF SERVICE.
This Terms of Service Agreement (“Agreement” or “Terms of Service”) is made by and between Careerist Inc.(hereinafter "Company") and you (“you”, “your”, “Client” or “User”).
The Company (Careerist, we, us) — Careerist Inc., a company having its registered office at 680 S Cache Street, Suite 100-8790 Jackson, WY 83001, US. — the provider of the Service.
Service - In exchange for your payment of the fees set forth on the Company Site, Company will provide the services described in these Terms of Service (the "Services").
Client (you) - any user who ordered and paid Services according to this Agreement..
Mentor – a Job Search assistant.
Mock interview - a training session with Mentor which lasts from 45 to 60 minutes and contains up to 20 questions (technical and behavioral).
Job search – period of time during which a student applies for job positions according to his professional background and knowledge obtained throughout learning in Careerist.
Job search preparation - period of time during which a student passes mock interviews
and gets recommendations from Mentor how to optimize the resume and LinkedIn
profile.
In exchange for your payment of the fees set forth on the Company Site (in Learning Management Space) , Company will provide the services described below in this Agreement (the "Services").
The Company offers a mentorship service that helps Clients to be prepared for job interviews and for the Job search. The Offer of Services includes the following options which can be chosen by Client (only 1 option at once):
1. Standard pack: 1-1 Mock interview which includes up to 10 behavioral and up to 10 technical questions. Standard duration of mock interview: 45-60 min.
2. Advanced pack: 1-1 Mock interview which includes up to 10 behavioral and up to 10 technical questions, one review of LinkedIn profile and one review of resume with 1 to 30 corrections and recommendations in total. Standard duration of mock interview is 45-60 min.
If you have any questions while using the Service, write to your Mentor ([email protected]) and Mentor will contact you within 2 business days from 9 a.m. to 6 p.m. PST.
(a) Fees for Services.
In consideration of your use of any of the Services, you agree to pay applicable fees in the amounts set forth on the respective Service detail pages on the Company Website (in Learning Management Space) . Fees for any new Service or new Service feature will be effective upon posting by us on the Company Website for the applicable Service.
(b) Refund cancellation policy.
Clients who paid for the Service but did not start using it, and provided they give written notice of cancellation within three business days of payment for the Service, are entitled to a full refund. The refund shall be processed within 30 days of the withdrawal request date. For the avoidance of doubt, first communication with a mentor means the start of using Service.
If notification of cancellation is made later, no refunds are issued and the Company may offer to reschedule your call with your mentor depending on the type of Service set forth in section 3.
(a) Term. The term of this Agreement ("Term") will commence once you agree to the terms and conditions of these Terms of Service by clicking the "I Accept" button below and completing the registration process for your Company Services account if you do not have one. These Terms of Service will remain in effect until terminated by you or us in accordance with the provisions of this Agreement.
(b) Termination and Suspension for Cause. We may suspend Services, or immediately terminate this Agreement in its entirety (and, accordingly, your right to use all Services), if:
(i) you use the Services in a way that disrupts or threatens the Services;
(ii) we determine, in our sole discretion, there is evidence of fraud with respect to your account;
(iii) we receive notice or we otherwise determine, in our sole discretion, that you may be using Company Services for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriate the intellectual property rights of any third party;
(c) Termination by You for Convenience. You may terminate this Agreement at any time and for any reason or no reason at all, at your convenience, by (i) providing us written notice of termination and (ii) paying all remaining fees if it is relevant.
The refund and cancellation provisions set forth in Section 4 (b) of this Agreement.
(d) Effect of Suspension or Termination.
(i) SUSPENSION.
Upon our suspension of your use of any Services, in whole or in part, for any reason, (i) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the applicable Services; and (iii) all of your rights with respect to the applicable Services shall be terminated during the period of the suspension.
(ii) TERMINATION.
Upon termination of this Agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) all of your rights under this Agreement shall immediately terminate;
(e) Modification of Terms of Service. You agree that we may modify these Terms of Service or any policy or other terms referenced in these Terms of Service (collectively, "Additional Policies") at any time by posting a revised version of Terms of Service or such Additional Policy on the Company Website.
These Terms of Service shall be governed by the laws of the State of Florida, USA applicable to contracts entered into and performed entirely within the State of Florida, USA without regard to its conflicts of law principles.
To resolve disputes, the Client should send a free-form appeal to the address ([email protected]).
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Service or the use of any product or service provided by 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. 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. The provisions of this Section may be enforced by any Court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. The Parties expressly agree to venue and jurisdiction in Florida and waive any claims or defenses for inconvenience of forum or jurisdiction.
PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO TRIAL, INCLUDING JURY TRIAL ON ANY CLAIM IN ANY COURT OF LAW OR EQUITY.
CLASS ACTION WAIVER. STUDENT ACKNOWLEDGES AND AGREES THAT ANY CLAIM YOU MAY HAVE AGAINST CAREERIST, INCLUDING CAREERIST’S PAST OR PRESENT EMPLOYEES OR AGENTS, SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST CAREERIST.
Notwithstanding the foregoing, Careerist’s claims of failure by you to make any payments due under the Terms of Service and all Careerist’s collections claims under the Terms of Service shall not be subject to this Arbitration Agreement. 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 Miami-Dade County, Florida, for such purpose.
In no event will we (Company, Careerist) or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
(a) Privacy Policy and Website Terms of Service. Please review our Privacy Policy and Website Terms of Service, which can be found at the following addresses respectively: https://www.careerist.com/legal/privacy-policy and https://www.careerist.com/legal/terms. Please read them carefully because they form part of this Agreement.
(b) Severability. If any portion of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms of Service will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms of Service, and the rest of the Terms of Service shall remain in full force and effect.
(c) Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision or any other provision in this Agreement thereafter. All waivers by us must be in writing to be effective.
(d) Acknowledgement. By clicking the "I ACCEPT" button below, you indicate and agree that you have read these Terms of Service, understand it, and agree to be bound by its terms and conditions.
