Terms of Use

TERMS OF USE – for Passport Career Public Website

Updated on 30 April 2018

 

This page states the Terms of Use by which you (“User”) may access and use the password-protected Passport Career (“PC”) website and related services. This includes all sites with a root URL of passportcareer.com. The terms “You” and “User” as used in this policy refer to all individuals and/or entities accessing any PC site for any reason. The term “Passport Career” includes our agents, contractors and staff/employees.

 

By using the PC website, and/or by using, posting or in any other way accessing information on the PC website, PC message boards, PC forums, PC webinars/training, PC networking events, PC coaching and any other content or program made available through the PC website (all collectively referred to as “PC Site Content”), you state your acceptance to be bound by these Terms of Use and PC Privacy Policy. If you do not agree with these Terms, you should leave the PC website immediately and not register or access again.

 

Passport Career reserves the right to update or modify these Terms of Use at any time. PC will inform Users of these changes by either a visible message upon first return to the PC website following changes and/or email notification and/or other form of notification. Your use of the PC website following any such change constitutes your agreement to be bound by the updated Terms of Use.

You, the User, hereby agree to as follows.

 

PRIVACY POLICY

In addition to these Terms of Use, Passport Career has established a Privacy Policy to explain to users how your information is collected and used. It is recommended that you review the Privacy Policy prior to using the PC Site Content. By using the PC website you signify acknowledgement of your agreement to our Privacy Policy.

PROPRIETARY RIGHTS, COPYRIGHT & INTELLECTUAL PROPERTY

All PC Site Content is copyrighted by Passport Career, LLC. Information, resources, content, materials, images, databases, code, data, the look and feel, design and organization of the PC website, referred to as “PC Site Content”—including but not limited to any copyrights, trademark rights, database rights, and other intellectual property and proprietary rights.

 

“Content” is the sole property of Passport Career or its suppliers and are protected by U.S. and international copyright laws and intellectual property laws. Your use of the PC website does not grant you ownership of any Content you may access through the PC website.

All PC publications and products, including print, online training material, electronic, and online formats (including but not limited to content, images, text, and illustrations) are protected by U.S. and international copyright law and intellectual property laws and are controlled by Passport Career, LLC, unless expressly noted.

 

 

 

 

PROHIBITED USE

 

The Content on the PC website is provided solely for the personal, non-commercial use of Users of the PC website. Any commercial or promotional distribution, publishing or exploitation of the PC website, or any Content, is strictly prohibited unless you have received the express prior written permission from authorized management at Passport Career or the otherwise applicable rights holder. Other than as expressly allowed on the PC website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content, code or data on or available through the PC website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, coder data, on or available through the PC website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted Content from or through the PC website. If you make other use of the PC website, or the Content, code or data thereon or available through the PC website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

PROHIBITED USER CONDUCT

 

You warrant and agree that, while using the PC website and the various services, features and functionality offered on or through the PC website, you shall not:

(a) Impersonate any person or entity or misrepresent your affiliation with any other person or entity;

(b) Insert your own or a third party’s advertising, branding or other promotional content into any of the PC website’s content, materials or services or, except as otherwise specifically authorized in these Terms of Use or on the PC website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or

(c) Attempt to gain unauthorized access to other computer systems through the PC website. You shall not:

(i) Engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the PC website or the services offered on or through the PC website, including without limitation any information residing on any server or database connected to the PC website or the services offered on or through the PC website;

(ii) Obtain or attempt to obtain unauthorized access to computer systems, Content or information through any means;

(iii) Use the PC website or the services made available on or through the PC website in any manner that could interrupt, damage, disable, overburden, or impair the PC website or such services, including, without limitation, sending mass unsolicited messages, “flooding” servers with requests, or conducting any action that imposes an unreasonable or disproportionately large load on the PC website infrastructure;

(iv) Use of the PC website in any manner that will infringe on the copyright or other intellectual property rights of any third party or violate the privacy, publicity, proprietary, legal or personal rights of others; or

(v) Use the PC website or the PC website’s services in violation of any applicable law;

(d) You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the PC website or the PC website’s services, or any content thereof, or make any unauthorized use thereof.

(e) You agree that you shall not use the PC website in any manner that could interfere with any other party’s use and enjoyment of the PC website or any of its services.

(f) You shall not obtain or attempt to obtain any Content or information through any means not intentionally made publicly available or provided for through the password-protected PC website.

(f) You may not use the PC website to post or transmit material that is sexually explicit, defamatory, obscene, threatening, abusive or hateful.

(g) You may not use email addresses on the PC website for mailing lists, and the solicitation of goods or services, spamming, or other inappropriate use.

 

Violations of system and/or network security may result in civil or criminal liability. Passport Career will investigate such violations and may involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

 

DOWNLOADING FILES

 

You may download one copy of Content that is specifically identified as a “downloadable PDF” and is designated to download as a PDF on any single computer or mobile device for your personal, non-commercial use, provided you keep all copyright and other proprietary notices intact. Passport Career does not guarantee or warrant that files available for downloading through the PC website will be free of infection by software viruses or other harmful computer code, files or programs.

 

THIRD-PARTY LINKS

 

Links on the PC website to third-party websites, information or resources are provided solely as a convenience to you, the User. If you use third-party links, you will leave the PC website and will be subject to the terms of use and the privacy policy applicable to the third-party site that you access. The third-party links on the PC website do not constitute or imply any endorsement, sponsorship or recommendation by Passport Career. You agree that Passport Career is in no way responsible nor liable for the information, products, services, code, advertising or content on third-party websites nor the functionality and availability of the links. You agree that Passport Career is not responsible for any form of transmission received from any linked web site. Any access to the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such access.

 

TRADEMARKS & LOGOS

 

The trademarks, logos, service marks and trade names (referred to as “Trademarks”) visible on the PC website are both registered and unregistered Trademarks.

 

The PC logos and trademarks are protected by law and may not be used without Passport Career’s expressed written permission. PC retains the exclusive rights to grant or refuse permission to use their logos. Logos and brand names displayed on the PC website that are not affiliated with Passport Career are the exclusive intellectual property of their respective owners.

 

EXTERNAL LINKS TO THE PC SITE

 

Other websites may link to the public pages of the PC website for educational and informational purposes only. If you provide a link from any other website to the PC website, the link must open within a new browser window occupied solely by the HTML formatted page of the PC website. You agree not to link from any other web site to this PC website in any manner such that the PC website, or any page of the PC website, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  Use of images from the PC website to create buttons, highlight links or any other purpose is strictly prohibited. Groups, organizations, companies, institutions or individuals who link to the PC website without clear evidence of instructional or educational intent will be directed to remove the link. Passport Career reserves the right to request removal of any link at any time upon written notice.

 

 

INDEMNIFICATION

 

You agree to indemnify us and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, losses, damages, liabilities, costs and expenses (including, but not limited to, direct, punitive, special, incidental, consequential, exemplary, indirect or other types of damages), including  attorneys’ fees, resulting from your use, misuse, or inability to use the PC website or the Content, or any violation by you of these Terms of Use and PC Privacy Policy. Passport Career reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. If Passport Career is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of Passport Career and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, clients or suppliers hall in all cases be limited to fifty dollars USD.

DISCLAIMERS & LIMITATIONS OF LIABILITY

 

As information is continually changing, PC does not take responsibility for the accuracy of PC Site Content.

 

IN NO EVENT WILL PC BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE BY USER OF THE PC SITE CONTENT (INCLUDING WITHOUT LIMITATION ANY DAMAGES ATTRIBUTABLE TO LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) REGARDLESS OF WHETHER PC WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY, PC’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE USE OF THE PC SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO PC UNDER THE CONTRACT AGREEMENT.

PC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH RESPECT TO THE PC SITE CONTENT, THE PC WEBSITE, THE CUSTOM LANDING PAGE, OR THE ACCURACY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE REPORTS, THE PC SITE, OR THE CUSTOM LANDING PAGE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PC DISCLAIMS ANY WARRANTY THAT THE PC SITE AND THE CUSTOM LANDING PAGE WILL FUNCTION WITHOUT INTERRUPTION OR THAT THE REPORTS, THE PC SITE, AND THE CUSTOM LANDING PAGE ARE ERROR-FREE.  To the extent that a warranty may not as a matter of applicable law be disclaimed, the scope of such warranty will be the minimum permitted under such law.

 

ENTIRE AGREEMENT / NO WAIVER

 

These Terms of Use and PC Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Passport Career of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

CHOICE OF LAW/FORUM

 

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Passport Career’s Privacy Policy, your use of the PC website, any other Passport Career website or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Virginia in the USA, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Fairfax, Virginia, USA in the event of any dispute of any kind arising from or relating to these Terms of Use, Passport Career’s Privacy Policy, your use of the PC website, any other Passport Career website, Content or Services.

 

Last Revised:  22 April 2018

Copyright 2018 Passport Career, LLC. All rights reserved.

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