2. INFORMATION COLLECTION PRACTICES
2.1. TYPES OF INFORMATION COLLECTED
(a) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site, (5) websites referring users to the Site; (6) specific web pages accessed on the Site; and (5) date and time of access to the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site.
(b) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and products that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following information: (1) First name; and (2) Email address. If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
2.2. USES OF INFORMATION COLLECTED.
(a) COMPANY USE OF INFORMATION. We use your Personal Information to send you information about our company or our products or services, to distribute the Ezine and course materials, or to contact you when otherwise necessary.
(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us, you may select the appropriate “opt-out” option each time we ask you for Personal Information.
4. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. In order to update or change any Personal Information previously provided to Company, email carl [at] BailoutMyCareer.com.
5. AFFILIATE SITES.
TERMS AND CONDITIONS OF USE
Welcome to BAILOUTMYCAREER.COM. You should carefully read the following Terms of Service Agreement (“Agreement”) before using the BAILOUTMYCAREER.COM website (“Site”) and our services (“Services”).
3. USER INFORMATION. In order to use or access certain features of the Site or Service, you may be asked to complete the registration process by providing the complete and accurate information requested on the registration form. This information may include your name and email address. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. CONSENT TO RECEIVE EMAIL. If you sign up for any Company newsletter or course offering, or if you purchase any Company product or service, you hereby consent to receive periodic email communications from Company regarding customer service issues, new product offers and other matters.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You hereby agree not to download, display, transmit or otherwise distribute any information or content (collectively, “Content”) contained on the Site or Service, except where expressly given permission to do so by Company. Should Company permit you to download and republish any Content, such as articles, you agree not to alter such Content in any manner whatsoever, to include removing any references to the Company, the Site or Service, Carl Mueller, or Company’s trademarks and copyrights contained therein. At all times, you agree to abide by laws regarding trademark and copyright ownership, and use of other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of Company or third party rights caused by any Content you download, display, transmit or otherwise distribute in connection with your use of the Site or Service. The burden of proving that use of such Content does not violate any laws or intellectual property rights rests solely with you.
1. AFFILIATES. Company operates multiple affiliate marketing programs to market its various products. You hereby acknowledge and agree to abide by the following restrictions if and when you engage in affiliate marketing for Company.
a. For email and email newsletter campaigns, Company will provide you with the text, graphics and subjects lines for your use in such campaigns. Prior to starting each and any type of new email or email newsletter campaign promoting Company’s services, Affiliate MUST forward a copy of the email or email newsletter to Company for Company’s approval. Until Affiliate has been notified that Affiliate’s request to send the email or email newsletters is approved, Affiliate agrees not to conduct any type of emailing relating to Company’s services.
b. SPAMMING IS NOT PERMITTED. Spamming is any form of emailing for a commercial purpose that is unsolicited. If Affiliate spams, Company reserves the right at any time and without notice to terminate Affiliate’s status as an affiliate and to notify any third party affiliate programs to terminate Affiliate as an affiliate of Company. To prevent this from happening, Company has instituted an Anti-Spam Policy that sets forth the minimum standards to which Company requires its Affiliates to adhere in light of current laws, rules and regulations governing the transmission of email and the best practices in the industry. In the event any state or federal law, rule or regulation governing email communications is enacted or amended after the effective date of the Agreement, setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in such enacted or amended law, rule or regulation shall apply to all Affiliates, notwithstanding anything to the contrary set forth in this Anti-Spam Policy. Any emails, email newsletters, or other forms of marketing campaigns by Affiliate MUST be conducted with “permission” or “opt-in” emails lists and must meet the following standards to prevent Affiliate’s account from being labeled as “SPAM”.
i) Affiliate may distribute emails solely to those persons who have actively opted-in to receive the email. The content of each email shall include (a) Affiliate’s correct point-of-origin email address, transmission information and routing information, (b) clear, prominent opt-out instructions in the email and in the first line of the text, if required by applicable law; (c) a toll-free telephone number or valid email address at which recipient may contact Affiliate to file complaints and/or opt-out; (d) accurate information regarding the manner in which the recipient opted-in to receive the email, (e) a valid postal address for Affiliate, and (f) the identifier and any disclaimers that Company assigned to the email. Affiliate shall not, without Company’s prior written approval, include any redirect links or frames in an email. Without limiting the generality of the foregoing, in no event may Affiliate forge email header information or otherwise engage in false or misleading conduct.
ii) Affiliate shall (a) make adequate disclosures as required by law to those on its email list(s) regarding Affiliate’s email and privacy and security policies; (b) respond to all complaints within one (1) business day after Affiliate becomes aware of the complaint, (c) provide Company with a copy of every complaint, immediately upon Affiliate’s receipt thereof, (d) implement any corrective action Company may require and (e) comply with any legal and/or other requirements Company may reasonably specify.
iii) Affiliate must provide a simple method for subscribers to the emails to opt-out of their subscriptions with clear and effective instructions for unsubscribing. As such, emailing from a list must cease promptly, but in no case more than three days, after a subscription is terminated.
iv) Affiliate must provide a manual opt-out procedure (e.g., an email address to which messages may be sent for further contact via email or telephone) available for those who wish to terminate their subscriptions but are unable or unwilling to follow standard automated procedures.
v) Affiliate must ensure that the impact of its email is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses.
vi) Affiliate must take adequate steps to ensure that its lists are not used for abusive purposes such as emailing malicious emails or chain letters. Affiliate must use its lists and run its campaigns in compliance with the Children’s Online Privacy Protection Act (COPPA).
vii) Affiliate must not email to an unsubscribe list. As such, Affiliate should maintain a “suppression list” of email addresses from which all subscription requests are rejected to prevent subscription of addresses appearing on the suppression list by unauthorized third parties.
viii) Affiliate shall examine the terms and conditions under which the email addresses on all third party lists were originally compiled to ensure that all recipients have in fact opted-in to the type of mailing list Affiliate intends to operate. Affiliate shall ensure that all third party lists used by or on behalf of Affiliate were collected by the third party source in accordance with the same standards listed above, and Affiliate must create a new emailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new emailing list may be appropriate on the existing emailing list, but existing subscribers should never be subscribed automatically to the new list.
k. Affiliate also has the obligation to ensure that materials posted on its site or within emails do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights). Affiliate also must ensure that materials posted on its site are not in any way illegal, abusive, libelous, discriminatory, obscene, offensive, fraudulent, deceptive, or misleading.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Carl Mueller, President
6-14845 Yonge Street, Suite 259
Ph: (416) 930-6506
carl [at] BailoutMyCareer.com
9. ACKNOWLEDGMENTS. By using the Site, you make the following acknowledgments with regard to the services and information provided therein: (a) Company has no knowledge about your unique personal situation regarding the subject matter contained on the Site; (b) any information or advice provided to you on the Site contains no guarantees regarding factual accuracy, and Company expressly represents that such information and advice is the product of research and speculation to be relied upon at your own risk; and (c) you are solely responsible for any decisions or actions made on the basis of any information or advice contained on the Site.
10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR OUR SERVICES OVER THE COURSE OF YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
12. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Unless expressly provided otherwise, your use of partner and affiliate Internet websites and content shall at all times be subject to the terms and conditions of use contained on those sites.
13. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
14. COPYRIGHT. All contents of Site or Service are: Copyright © 2009 BailoutMyCareer.com, 6-14845 Yonge Street, Suite 259, Aurora, ON, L4G 6H8, Canada. All rights reserved.
16. ARBITRATION. Any and all legal proceedings arising out of or in connection with this Agreement shall be submitted to binding arbitration in accordance with the rules of the CCIB Arbitration Committee (ICC Canada). Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at Toronto, Ontario. The substantive law of the Province of Ontario shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney’s fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. ONTARIO USE ONLY. The Site is controlled and operated by Company from its offices in the Province of Ontario. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any province, state or jurisdiction other than Ontario.