1. Your Acceptance
A. By using and/or visiting this Web site (collectively, including all content and functionality available through the VocationalRehabilitation.com, VocationalRehabilitation.com, CareerAI.com, WebTSA.com, FreeDOTSearch.com, TransferableSkills.com or any domain name directed to the VocationalRehabilitation.com web site, the "VocRehab Web site", or "Web site"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)VocRehab's privacy notice, found at http://www.VocationalRehabilitation.com/privacy.html. If you do not agree to any of these terms or the VocRehab privacy notice, please do not use the VocRehab Web site or any of its tools.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.VocationalRehabilitation.com/terms_of_use.html). VocRehab may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. VocRehab Web site
A. These Terms of Service apply to all users of the VocRehab Web site
All users may not try to circumvent any security measures built into the web site.
All users may not share their passwords with any other user in an attempt to circumvent the security measures of the web site.
All users or clients may only use their preassigned ?client pack? or packs, to create a new client or user.
B. The VocRehab Web site may contain links to third party Web sites that are not owned or controlled by VocRehab. VocRehab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web sites. In addition, VocRehab will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve VocRehab from any and all liability arising from your use of any third-party Web site.
3. VocRehab Accounts
A. In order to access some features (WebTSA, Career A.I.) of the Web site, Users will have to create a VocRehab account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VocRehab immediately of any breach of security or unauthorized use of your account.
B. Although VocRehab will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VocRehab or others due to such unauthorized use.
4. General Use of the Web site -- Permissions and Restrictions
VocRehab hereby grants you permission to access and use the Web site as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Web site, other than paid reports or information generated on a "Per-client/user? basis, without VocRehab's prior written authorization.
You are allowed to distribute your paid results for each client created in the system, provided that you are not using the same client to recreate new reports for other clients.
You may not change the client name to create a new client, under an old client?s account. Attempts to run multiple clients as a single client will result in termination of your account.
You are allowed to perform multiple analyses on the same client.
B. You agree to include a reference to the VocRehab product used to create your results for your compilation reports. Compilation reports include any written documentation created by you using information obtained from the VocRehab Web site:
?This information was obtained using Career A.I. www.VocationalRehabilitation.com ? or ?This information was obtained using WebTSA www.VocationalRehabilitation.com? must be included within your Compilation report. (Resumes and Cover letters are exempt from this rule.)
C. You agree not to alter or modify any part of the Web site, including but not limited to VocRehab's WebTSA, Career A.I. or any of its related technologies.
D. You agree not to access WebTSA or Career A.I. (defined below) or VocRehab Content through any technology or means other than your Web Browser , or other explicitly authorized means VocRehab may designate.
E. If you use VocRehab?s WebTSA or Career A.I. on your Web site, you must include a prominent link back to the VocRehab Web site and you may not modify, build upon, or block any portion of the VocRehab site in any way.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the VocRehab servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VocRehab grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. VocRehab reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. Securemail) for any commercial solicitation purposes. You agree not to solicit any users of the Web site.
G. In your use of the Web site, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
H. VocRehab reserves the right to discontinue any aspect of the VocRehab Web site at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the VocRehab Web site.
A. The content on the VocRehab Web site, except all User Submissions (Resumes, Cover Letters, and Job Journals), including without limitation, the text, software, scripts, graphics, photos, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to VocRehab, subject to copyright and other intellectual property rights under the law. Content on the Web site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. VocRehab reserves all rights not expressly granted in and to the Web site and the Content.
B. You may access VocRehab Content, only as permitted under this Agreement. VocRehab reserves all rights not expressly granted in and to the VocRehab Content and the VocRehab Service.
C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the VocRehab Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VocRehab Web site or the Content therein.
Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when you arrive at or leave the VocRehab Inc. Web site, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Web site you visit while you are on the VocRehab Inc. site, the type of browser you use and the times you access our Web site. We use this information to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with VocRehab Inc.. We do not track the Web sites that you visit before or after you leave the VocRehab Inc. site.
Our Use of "Cookies"
6. Account Termination Policy
A. VocRehab will terminate a User's access to its Web site if, under appropriate circumstances, they are determined to be a repeat infringer.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VocRehab Web site SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VocRehab, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Web site AND YOUR USE THEREOF. VocRehab MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Web site, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR Web site, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Web site BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VocRehab Web site. VocRehab DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VocRehab Web site OR ANY HYPERLINKED Web site OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VocRehab WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL VocRehab, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Web site, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR Web site, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Web site BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VocRehab Web site, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VocRehab SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Web site is controlled and offered by VocRehab from its facilities in Canada and the United States of America. VocRehab makes no representations that the VocRehab Web site is appropriate or available for use in other locations. Those who access or use the VocRehab Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless VocRehab, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the VocRehab Web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the VocRehab Web site.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the VocRehab Web site is not intended for children under 13. If you are under 13 years of age, then please do not use the VocRehab Web site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VocRehab without restriction.
You agree that: (I) the VocRehab Web site shall be deemed based in California;
and (ii) the VocRehab Web site shall be deemed a
passive Web site that does not give rise to personal jurisdiction over VocRehab,
either specific or general, in jurisdictions other than New Brunswick, Canada.
These Terms of Service shall be governed by the internal substantive laws of the Province of New Brunswick,
without respect to its conflict of laws principles. Any claim or dispute between you and VocRehab that
arises in whole or in part from the VocRehab Web site shall be decided exclusively by a court of competent
jurisdiction located in Riverside County, California, USA.
These Terms of Service, together with the Privacy Notice at http://www.VocationalRehabilitation.com/privacy.html
and any other legal notices published by VocRehab on the Web site, shall constitute the entire agreement between you and VocRehab concerning the VocRehab Web site.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term,
and VocRehab's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or
provision. VocRehab reserves the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any changes.
Your use of the VocRehab Web site following any amendment of these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU AND VocRehab AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VocRehab Web site
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.