These Terms of Service are entered into by and between You and Career Contessa (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Service”), govern your access to and use of The Salary Project™ on the Career Contessa website, including any content, functionality and services offered on or through The Salary Project™.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use or participation in The Salary Project™ following the posting of revised Terms of Service means that you accept and agree to the changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Career Contessa website, and any service or material we provide on the website, including The Salary Project™, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to The Salary Project™ or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Salary Project™ and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use The Salary Project™ for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on from The Salary Project™.
You must not access or use for any commercial purposes any part of The Salary Project™ or any services or materials available through the Career Contessa website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of The Salary Project™ in breach of the Terms of Service, your right to use or participate in The Salary Project™ will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to The Salary Project™ is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of The Salary Project™ not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Company name, the term The Salary Project™, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on The Salary Project™ are the trademarks of their respective owners.
You may use The Salary Project™ only for lawful purposes and in accordance with these Terms of Service.
The Salary Project™ may contain questionnaires, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to submit, post, display or transmit (hereinafter, “submit”) personal and financial information, content or other personal materials (collectively, “User Contributions”) on or through The Salary Project™.
Any User Contribution you submit to the site may be: i) indefinitely stored in a Company database; ii) reorganized for analysis and use by the Company; iii) displayed and shared by the Company with registered users and other persons and organizations, at the sole discretion of the Company; and iv) considered non-confidential and non-proprietary, so long as you remain anonymous as the source of your User Contributions, such that there will be no mention, reference, or display of your name or email address in association with your User Contributions (“Anonymous Association”).
By providing any User Contribution on the site, subject to maintaining your Anonymous Association, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the site.
Monitoring and Enforcement; Termination
We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through The Salary Project™. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Any and all User Contributions and use of Interactive Services must in their entirety (i) comply with all applicable federal, state, local and international laws and regulations (ii) not contain any material which is defamatory, obscene, abusive, offensive, harassing, hateful, inflammatory, deceitful or otherwise objectionable, or (iii) not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Reliance on Information Posted
The information presented on or through The Salary Project™ is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or participant in The Salary Project™, or by anyone who may be informed of any of its contents.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Career Contessa website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR PARTICIPATION IN The Salary Project OR ANY SERVICES OR ITEMS OBTAINED THROUGH The Salary Project OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OR PARTICIPATION IN The Salary Project™, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH The Salary Project™ IS AT YOUR OWN RISK. The Salary Project, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH The Salary Project™ ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF The Salary Project™. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT The Salary Project™, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH The Salary Project™ WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT The Salary Project™ OR ANY SERVICES OR ITEMS OBTAINED THROUGH The Salary Project™ WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, The Salary Project™, ANY WEBSITES LINKED TO IT, ANY CONTENT PROVIDED THROUGH THE SALARY PROJECT OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH The Salary Project™, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of or participation in The Salary Project, including, but not limited to, your User Contributions, any use of The Salary Project™ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from The Salary Project™.
Governing Law and Jurisdiction
All matters relating to The Salary Project™ and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or The Salary Project™ shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
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