Last Updated: [15/10/2024]

Please read these Terms of Service (“TERMS”) carefully. These Terms are provided to you by MY CAREER SHOP, LLC (“MY CAREER SHOP”) and govern your use of any part of the website, digital service or other System or site on which these Terms are posted, including any functionality, content and service included therein and made available to you by My Career Shop (collectively, the “Site”). These Terms shall apply and become binding on the first date that you access any part of the Site or use any of the functionality provided through the Site.

By accessING or using the Site or by otherwise accepting these Terms, you are agreeing to be bound by these Terms and that these terms GOVERN YOUR USE OF THE SITE. If you do not accept these Terms, you are not authorized to access or use the Site.

NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THIS SITE. PLEASE REFER TO the “arbitration agreement and class action waiver” Section BELOW FOR MORE INFORMATION.

1. Changes to Terms

We may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. If we make any material changes to these Terms, we will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.

2. Links to Third Party Sites

The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). Such Third Party Materials are provided solely as a convenience to you, and My Career Shop is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party site linked to this Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites.

3. Termination by My Career Shop; Surviving Terms

My Career Shop reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which My Career Shop may be entitled at law or in equity.

Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site. The following Sections will survive any termination or expiration of these Terms: Sections: 7, 9, 10, 11, 12, 13, 14, and 15.

4. Privacy Policy

Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.

5. Site Content

All content on the Site, including but not limited to text, videos, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of My Career Shop and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, My Career Shop grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. My Career Shop may revoke this license at any time for any or no reason. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without My Career Shop’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited.

Without limitation of the foregoing, the Site may contain certain content from third parties; such content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. My Career Shop does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. You agree that My Career Shop is not responsible for the substance or accessibility of any Third Party Content accessible through the Sites and understand that you bear all risks associated with your access to and/or use of such content.

6. Use of the Site

We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site or submitting any Submissions to the Site, you will not:

• access data not intended for you or log onto a server or an account that you are not authorized to use;
• circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
• interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site;
• modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
• use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
• transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; or
• use the Site in a manner that is inconsistent with any and all applicable laws and regulations.

Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by My Career Shop in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.

7. Trademarks

The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to My Career Shop. The use of these marks, except as provided in these Terms, is prohibited. From time to time, My Career Shop makes fair use in the Contents of trademarks owned and used by third parties. My Career Shop makes no claim to ownership of those marks.

You may not use My Career Shop’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, for promotional, advertising or any other commercial purpose, unless and to the extent My Career Shop specifically agrees in writing.

8. Digital Millennium Copyright Act (“DMCA”) Infringement Notice

If you believe that any content or materials available on the Site infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to:

Attn: My Career Shop Legal

legal@mycareershop.com

You must include the following items in your complaint:

• a description of the copyrighted work;
• a description of the material appearing on the Site (including where the material appears on the Site) that you wish to be taken down;
• your telephone number and either an e-mail address or physical mailing address where we may contact you;
• a statement by you of your good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or the law;
• a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

9. Consent to Electronic Communications

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. By using this Site or providing us your email to subscribe to the email newsletter, you have, by default, “opted in” to receiving promotional emails from My Career Shop. You may at any time opt out of receiving such promotional emails by using the opt-out functionality embedded in such promotional emails. We may communicate and transact with you electronically through the Site or through other electronic means.

10. WARRANTY DISCLAIMER

Although My Career Shop strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. My Career Shop makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. You access and use the Site and any of its Content is at your own risk.

MY CAREER SHOP DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MY CAREER SHOP SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND MY CAREER SHOP DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MY CAREER SHOP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.

11. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MY CAREER SHOP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY CAREER SHOP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MY CAREER SHOP’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED TWENTY-FIVE DOLLARS ($25).

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE MY CAREER SHOP’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWs OF SUCH JURISDICTION.

12. Indemnification

By using the Site, you agree to defend, indemnify and hold harmless My Career Shop, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. My Career Shop reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

13. Governing Law

These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of Delaware, without regard to its conflict of laws principles.

14. Arbitration Agreement and Class Action Waiver

A. Mandatory Arbitration. YOU AND MY CAREER SHOP AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and My Career Shop waive the right to a trial by jury and any right to have a Dispute heard in court.

In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and My Career Shop agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.

B. Arbitration Class Action Waiver. You and My Career Shop agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.

C. Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

D. Non-Arbitration Class Action and Jury Waiver. You and My Career Shop agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and My Career Shop waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor My Career Shop may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH My Career Shop THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to: legal@mycareershop.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.

15. General

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of My Career Shop. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by My Career Shop constitute the entire agreement between you and My Career Shop with respect to your use of the Site.

16. Contact Information

We welcome you to contact us with any questions, comments or concerns about My Career Shop's Site at newsletter@mycareershop.com