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Agreement
		USER AGREEMENT (as of 9/06/2001) We welcome you to our site. We ask that you review these Terms and Conditions of your use of this site (“Agreement”). We have tried to avoid unnecessary legal verbiage and hope that you understand that we are simply trying to protect our rights in order to provide you with access to the content available at this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain at this site, or return thereafter, you agree to be bound by this Agreement. By clicking the “I AGREE” icon below you are agreeing to be bound by the terms of this Agreement. In return, you will have full access to the site using a confidential password, provided you abide by the terms and conditions below. 1. Purpose and Intent of this Site. This Web site is intended to provide you with information useful for making career choices. This site is intended as a career exploration tool. The assessments on this site are job-related and are not clinical (psychological measures). The database used in this site to provide job matches is from the United States Department of Labor O*NET database. The content of the O*NET database is primarily for U. S. jobs and might not be applicable for jobs outside the United States. This site is not intended as an employment opportunity or job search site. It is not intended as a hiring or promotion tool, but only as a career development tool. Bigby, Havis & Associates, Inc. is not responsible for the career decisions you make. The use of CareerWay does not comprise a consultation with Bigby, Havis & Associates, Inc. We recommend that users thoroughly research all jobs prior to making a decision on which job best fits them. This Agreement binds you and other visitors to a code of ethical conduct intended to achieve this purpose. The success of the site, however, depends on the adherence to the terms of this Agreement by you and all other visitors to this site. While we will do our best to enforce the terms of this Agreement, as set forth below in Sections 10 and 11, we cannot warrant or represent that other visitors will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so. TERMS AND CONDITIONS OF SITE USE 2. Subscription Period and Payment Terms. Payment is required to purchase a subscription to use CareerWay.com. If you are under the age of 18, you must have the permission of your parent or guardian to use this site. Unless you are given access under a group subscription, payment must be made using a Visa or MasterCard credit card via an online payment form and remitting in U.S. Dollars. No other form of payment will be accepted. Group Subscriptions: If you are authorized to use this site by an organization or educational institution, the Subscription Period and Pricing is determined by Bigby Havis & Associates’ Agreement with the Organization or Institution under which you may be given access to the CareerWay.com site. You are nevertheless bound by all remaining terms of this Agreement. We recommend the following system configuration: - Internet Explorer 5.5 - 800x600 resolution - Flash 5 plug in (downloadable from our site) 3. Agreement to be Bound by Terms & Conditions. By signifying your assent, you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if you had personally signed it. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law that might otherwise limit its enforceability or effect because it was entered into electronically. 4. Responsible conduct. You agree to act responsibly at this site and to treat other visitors with respect. 5. Limited License. Intellectual property laws protect original material that we post on this site. All screen displays, graphics, and text appearing on this site (“Content”) are copyrighted materials owned by Bigby, Havis & Associates, Inc. The database used to provide job matches is from the United States Department of Labor O*NET database. The research contained in the O*NET database is primarily for U. S. jobs and might not be applicable for jobs outside the United States. The Service, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Bigby, Havis & Associates, Inc. and or its various third party providers (e.g., O*NET) and distributors whose information is used with the expressed permission of the provider. You are hereby granted a non-exclusive license to use the Content on this site, but only while accessing this site. You are also granted a limited license to print copies of any Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. You may not display this Web site in frames (or any of the Content via in-line links). Commercial use of any of the Content is strictly prohibited. The trademarks, logos and service marks displayed on this site (collectively, the “Trademarks”) are registered and common law Trademarks of Bigby, Havis & Associates, Inc. and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks of Bigby, Havis & Associates, Inc. or of third party providers without the written permission of Bigby, Havis & Associates, Inc. or the respective third party owners. CareerWay is a trademark of Bigby, Havis & Associates, Inc. Use of any of our trademarks as metatags on other Web sites also is strictly prohibited. 6. Privileges Nontransferable. You may not transfer your access privileges to anyone. You further agree not to disclose to your confidential password to any other person or company. 7. Links Within Our Site. We provide links from our site as a convenience to our visitors. We have no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it. 8. Privacy. a. In General. We collect information about you that you provide to us and from cookie files. Our use of cookies is limited to storing information that identifies you as a repeat visitor to this site, and we make no use of that information other than assisting us to identify you as a return visitor. We will not knowingly provide any of the information provided by you or information collected from cookies (except in the form of aggregate statistics that do not link you or your identity to any specific information and do not identify you as a visitor to this site) to third-parties unless we obtain your permission or are compelled to do so by court order. A “third party” does not include a person or legal entity that succeeds to or acquires all or substantially all of the rights of Bigby, Havis & Associates, Inc. in this site. b. When you complete assessments on this site, we will store that information on our secure servers for a period of three years so that you may have access to that information should you decide to subscribe again to our Service at a later time, at the then prevailing rates. Bigby, Havis & Associates, Inc. may use the stored information for research purposes, but only in the aggregate and anonymously, that is, without identifying personal information. c. You agree to respect the privacy rights of other visitors by not publishing or harvesting email addresses or any other information about others that you might obtain at this site. 9. Good Samaritan Content Policy & Complaint Procedures. a. Policy. It is the policy of the owners and operators of this Web site to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any postings of any material on this site other than information necessary to use this site for its intended purpose. The provisions of this Section 9 are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of this Web site to undertake, or refrain from undertaking, any particular course of conduct. b. Complaint Procedures. If you believe that someone has posted material at this Web site which is in violation of U.S. law, infringes the intellectual property or other rights of third-parties or which constitutes child pornography or pornography or which is obscene, racist, sexist, harassing, defamatory or otherwise objectionable, we ask you to promptly notify us by email at the following address: feedback@CareerWay.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the objectionable material, the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material. c. Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the United States. In addition, you agree, at your own expense, to defend us and indemnify us against any liability that we may incur by our response to your complaint. d. Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions, and, as set forth below in Sections 10 and 11, cannot assume liability for any acts of you, other authorized users, or third-parties which take place at this Web site. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that violates the law, is infringing, racist, sexist, obscene, pornographic, harassing, defamatory or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at this Web site or our response, or failure to respond, to a complaint. e. Investigation/Right to Purge Postings. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this Web site, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received. 10. DISCLAIMER OF WARRANTIES. IN ORDER TO PROVIDE YOU WITH THIS SERVICE AT THIS LOW PRICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN AT THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE. 11. LIMITATION OF LIABILITY. IN ORDER TO PROVIDE YOU WITH THIS LOW COST SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES. 12. Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of this Web site and supersedes any prior or contemporaneous representations or agreements. This Agreement—and only this Agreement—shall govern our legal rights and obligations. We reserve any rights not otherwise expressly granted by this Agreement. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 13. As set forth in Section 10, it is not our intention to make any legal representations or warranties about this Web site, either expressly or by implication. The terms of this Agreement are intended to supersede anything else that appears at this Web site, now or in the future. So that there is no misunderstanding, by entering into this Agreement you agree that, except as provided in Section 13, nothing posted at this Web site or otherwise communicated to you shall in any way modify or vary the terms of this Agreement. 13. Modifications/ Termination. a. In General. Our employees are not authorized to modify/vary the terms of this Agreement as it is stated. This Agreement may be modified only (1) by obtaining the written consent of Bigby, Havis & Associates, Inc. in a notarized agreement signed by David G. Bigby, Ph.D.; or (2) by authorized action of Bigby, Havis & Associates, Inc. as set forth below in subpart (b). b. Periodic Revisions and Amendments. You agree that Bigby, Havis & Associates, Inc. may modify the terms of this Agreement in our sole discretion. It will be your responsibility and obligation to check the legal section of this Web site whenever you access this site, to determine if there have been any changes to this Agreement. You may notify us at at feedback@careerway.com at any time before, or within thirty (30) days after, any modification takes effect, to advise us that you do not accept the proposed modification. If we do not receive such a communication from you in the time prescribed, the modification will be deemed to have been accepted by you. You agree and understand that we reserve the right to unilaterally terminate your access privileges or otherwise deny you access to this site in the event that you decline to be bound by any proposed modifications to this Agreement. c. Terms. Unless we terminate your access privileges or you decide to terminate this Agreement, it shall remain in force so long as you are authorized to access this Web site. You agree that in the event you decide to terminate this Agreement or if your access privileges are suspended or terminated you shall continue to be bound by all obligations set forth in this Agreement for a period of five (5) years or until the expiration of all applicable statute of limitations periods, whichever is longer. Except as otherwise provided in this Section 14, you will not be bound by any modifications to this Agreement which may take effect after such time as you or we terminate our contractual relationship. 14. Indemnification, Jurisdiction and Dispute Resolution. You agree, at your own expense, to defend us and indemnify us against any liability arising out of or relating in any way to alleged acts or omissions by you which, if true, would constitute a violation of one or more terms or provisions of this Agreement. All disputes arising out of or relating in any way to this Agreement or our ownership, operation or maintenance of this Web site shall be resolved exclusively in the appropriate state or federal court where subject matter jurisdiction is otherwise proper in Dallas County, Texas. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of Texas as applied to transactions entered into and to be performed wholly within Texas between Texas residents. In the event of any breach of this Agreement, you agree that, notwithstanding any other provision of law, we shall be entitled to obtain preliminary injunctive relief enforcing the terms of this Agreement. 15. Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. TO GAIN ACCESS TO THIS SITE, CLICK THE “I AGREE” BUTTON TO AGREE TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THE AGREEMENT.
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