Terms and Conditions
2. Description of Services. HowSuccessful provides you with access to communication and/or discussion forums for career advice ("Services"). Users are strictly prohibited from displaying their personal information. HowSuccessful shall have the sole discretion to remove any information that is publish or posted in violation of these T&C and to terminate any User account for violations. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the T&C.
3. Fees Policy. HowSuccessful charges fees for access to advice from career Mentors. When you sign up you have an opportunity to review and accept the fees that you will be charged. Mentee Users may select the Mentor they wish to obtain career advice from and purchase Connects credit at the Mentor`s rate. Mentors will charge Connects credit per email amount, and Mentee Users shall pay the total amount based on the number of emails they select. Changes to the Fees Policy and the fees for HowSuccessful`s Services are effective after HowSuccessful provides you with at least 120 days notice by posting the changes on the Site. However, HowSuccessful may choose to temporarily change the Fees Policy and the fees for HowSuccessful`s services for promotional events; such changes are effective when HowSuccessful posts the temporary promotional event on the Site. HowSuccessful may, at HowSuccessful's sole discretion, change some or all of HowSuccessful's services at any time. In the event HowSuccessful introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
All payments are accepted via PayPal. All payments tendered to HowSuccessful are final and non-refundable. In certain situations, including but not limited to a void or invalid transaction, HowSuccessful may issue a credit for the applicable fees. HowSuccessful does not determine the Connects credit charge of Mentors and is not liable for any payment disputes between Mentees and Mentors.
You are responsible for paying all fees and applicable taxes associated with using HowSuccessful. If HowSuccessful terminates your account, if you close your account, or if the payment of your HowSuccessful fees cannot be completed for any reason, you remain obligated to pay HowSuccessful for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact HowSuccessful.
5. Additional Terms for Mentors. Mentors will receive notification for new advice request which Mentors will need to accept the session and payment rate before any communication may take place. Upon completion of the session, HowSuccessful shall deposit payment into the Mentors` PayPal account. Mentors may be given different rates with smaller Connects Credit versus U.S. dollar conversion. Mentors shall have the opportunity to increase their exposure to Mentees by purchasing advertisements to become a "Featured Mentor" viewable to Mentees in their career category. The advertisements shall be charged based on the amount of impressions their profits generates on Mentee field. HowSuccessful reserves all rights to suspend or stop payments to Mentors if HowSuccessful believes that there is suspicious or unauthorized activity.
6. Personal and Non-commercial Use. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
7. Third Party Content. This Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HowSuccessful, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including comments, advice, communications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. HowSuccessful may verify information provided by Mentee Users or Mentors, but is not legally or contractually obligated to do so. HowSuccessful is not liable for any misinformation that is posted on the site. HowSuccessful does not endorse, verify, or otherwise sanction any advice given on the Site. By becoming a mentee or Mentor, you authorize HowSuccessful to review and verify any information you provide by reviewing publically available information on the internet, offline, and any third party applications which may include first and last name, photograph, title, industry, professional history, education, awards, specialties, profile summary/headlines, and any information you choose to include in your resume or Submissions. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You should not provide any personal information to any third party individuals on the communication and/or discussion forums. You acknowledge that the communication and/or discussion forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission or posting on a public forum.
You agree that HowSuccessful shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that HowSuccessful is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HowSuccessful, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
8. Ownership. All content included on this site is and shall continue to be the property of HowSuccessful or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
9. Use of Services. The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Provide your personal information to any third party individuals on HowSuccessful.com`s communication and/or discussion forums. - Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. - Publish, post, upload, distribute or disseminate any inappropriate, defamatory, profane, obscene, indecent or unlawful topic, name, material or information. - Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. - Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. - Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. - Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. - Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. - Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. - Restrict or inhibit any other user from using and enjoying the Communication Services. - Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. - Harvest or otherwise collect information about others, including e-mail addresses. - Violate any applicable laws or regulations. - Create a false identity for the purpose of misleading others. - Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. - Provide any professional advice including but not limited to tax, legal, and medical matters. - Disclose any current or former employer`s trade secret, project, confidential, or proprietary information or anything information you are under written agreement to maintain confidential. - Publish any malicious, false, or injurious statements concerning current or former employers or co-workers. - Use or publish any person`s name, contact information, or other personal or professional information without obtaining their prior written consent.
HowSuccessful has no obligation to monitor the Communication Services. However, HowSuccessful reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. HowSuccessful reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
HowSuccessful reserves the right at all times to disclose any information as HowSuccessful deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HowSuccessful's sole discretion.
Always use caution when giving out any personally identifiable information about yourself in any Communication Services. HowSuccessful does not control or endorse the content, messages or information found in any Communication Services and, therefore, HowSuccessful specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized HowSuccessful spokespersons, and their views do not necessarily reflect those of HowSuccessful. HowSuccessful maintains policy of anonymity for its users. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
10. Material Provided or Posted on HowSuccessful. HowSuccessful does not claim ownership of the materials you provide to HowSuccessful (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting HowSuccessful, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. HowSuccessful is under no obligation to post or use any Submission you may provide and HowSuccessful may remove any Submission at any time in its sole discretion.
12. Trademarks. HowSuccessful name, logos and others are either trademarks or registered trademarks of HowSuccessful. Other product and company names mentioned on this Site may be trademarks of their respective owners.
13. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
14. Indemnification. You agree to indemnify, defend and hold HowSuccessful and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. HOWSUCCESSFUL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
16. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL HOWSUCCESSFUL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
18. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to HowSuccessful:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
By Mail: Legal Department
HowSuccessful, Inc. [90 State St. Suite 700 Office 40 Albany, NY 12207]
By e-mail: info@HowSuccessful.com
19. Applicable Law. You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and HowSuccessful or its affiliates. Any action or proceeding related to or arising out of any dispute between you and HowSuccessful or its affiliates shall be brought and maintained exclusively in a Court of competent jurisdiction in the state of New York.
20. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
21. Termination. HowSuccessful may terminate this Agreement at any time, with or without notice, for any reason.