These TERMS and CONDITIONS apply to www.TheCareerMaker.com and www.TheEffectivenessGuide.com. Both websites (“our websites”) are owned and operated by Career Maker Publishing (“CMP,” “us” or “we“). Since all we sell all our books through major online book retailers, the only personal information we store are your first name, e-mail address, your message, and any blog comments you may leave) and we never share this information with anyone.
We advertise products to adults who can purchase our books from major internet book retailers. If you are under 18, you may use our websites only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
You agree that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the website and data, materials and information available at or through our websites.
All content contained on our websites (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees. The compilation of the Content on our websites is our exclusive property, protected by the United States and international copyright laws, treaties and conventions. All software used on the website is our property or the property of our software suppliers and protected by the United States and international copyright laws, treaties and conventions.
We grant you a limited license to access and make personal use of our websites. No Content of our websites or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from our websites. Your use of Content on any other website or computer environment is strictly prohibited.
USE AND PROTECTION:
Use of the certain areas of our websites require Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital formats (the “Software”), and, for certain downloadable content, a compatible player device (the “Device”). CMP may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for our websites and the format of any downloadable content, in whole or in part, without notice or liability to you.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether your User-Generated Content is used by us.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign or permit any third party to enforce or assign, any such rights.
DISCLAIMER OF WARRANTIES:
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE.
WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE.
WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES.
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms and Conditions. You shall use your best efforts to cooperate with us in defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Career Maker Publishing
ATTN: Ed Murphy
10240 E. Tillman Avenue.
Mesa, AZ 85212
The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Condition, shall survive such termination. These Terms and Conditions, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms and Conditions, will be governed by the laws of the United States of America and the State of Arizona, without regard to principles of conflicts of law and as if these Terms and Conditions were a contract wholly entered into and wholly performed within the State of Arizona. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of JAMS ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
MISCELLANEOUS LEGAL PROVISIONS:
Our failure to enforce any provision of these Terms and Conditions or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms and Conditions as to that breach or any other. These Terms and Conditions constitute the entire agreement between you and us regarding our websites and supersede any prior or contemporaneous agreement regarding that subject matter.
The CMP’s Copyright Agent for notice of claims of copyright infringement on our websites can be reached as follows:
Career Maker Publishing
ATTN: Ed Murphy
10240 E. Tillman Avenue.
Mesa, AZ 85212
Money-Back Satisfaction Guarantee:
“If, within the first 30-days, you are not completely satisfied with your purchase, simply email me at and request a refund. In your email, please add your full name, your mailing address, a copy of your receipt, and I will send you a check for a full refund within 30-days. Your only risk is inaction.”
All reimbursements are at the sole discretion of Career Maker Publishing, and all decisions are final and binding. Any statements of dissatisfaction or requests for refunds received after the 30-day period will not be responded to or qualify for this guarantee.
All the best!
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