Terms of service
These Terms of Service (“Terms”) of Aspen Leadership Group, LLC (“ALG”) state the terms and conditions under which you may use, access, browse, view, utilize, etc. ("Use") any ALG services or the website www.philanthropycareer.net (the “Site”) (collectively, the “Services”). By Using the Services, you acknowledge and agree to be legally bound by the terms and conditions contained herein. If you do not accept these Terms, you are not permitted to Use the Services in any manner.
The words “you” and “your” refer to all individuals and/or entities Using the Services, for any reason.
ALG reserves the right to update these Terms from time to time in its sole discretion without prior notice. Your Use of the Services following any such modification constitutes your agreement to be bound by any modified Terms of Service.
The Services are only available to you if you can form a legally binding agreement under applicable law. Minors or other incapacitated persons are not permitted to Use the Services.
ALG grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials provided via the Services solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available via the Services, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are exclusive property of ALG or its content suppliers. The Materials are protected by U.S. and/or international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, (ii) use the Materials for a purpose not authorized by ALG or (iii) use the Materials publicly, without ALG's prior written consent.
All trademarks, service marks, and logos (the "Marks") displayed on the ALG website are exclusive property of ALG and their respective owners. You shall not use the Marks in any manner without ALG's and their respective owners' prior written consent.
4. Accounts and Information
With your Use of the Services, you may create an account on the Site. You will be asked for personal information that will be used to create your account, and you will be provided with a password. It is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify ALG if there is any unauthorized use of your account or any breach of security.
By submitting or entering your information to ALG via the Site or otherwise ("Submitted Material"), you agree that you grant ALG a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.
You acknowledge and agree that ALG may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if ALG believes that it is necessary to: (i) provide you with requested Services (ii) protect the integrity of the Services; (iii) protect rights of ALG; (iv) comply with any court order; (v) comply with any legal proceedings; (vi) assert ALG's claim under these Terms; and (vii) satisfy any claims regarding violations of third party's rights.
5. General Prohibition
In connection with your Use of the Services, you agree NOT to:
(a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. privacy laws, anti-discrimination, or equal opportunity employment laws;
(b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
(c) upload, post, transmit, or store any material that:
- is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
- breaches any of your contractual or confidentiality obligations;
- disrupts or interferes with the normal operations of ALG; or
- are not permitted by ALG, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, or otherwise unacceptable materials;
(e) breach or attempt to breach any security measures of the Site;
(f) use any device, process, or mechanism to monitor, retrieve, search, or access the Site or any Material without ALG's prior written consent;
(g) access or attempt to access any account or login of any third party on the Site;
(h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and are owned by you;
(i) post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
(j) impersonate any person or entity;
(k) forge any information in any electronic posting or mail; or
(l) misrepresent yourself, your affiliation with any third party, or your entity.
6. Specific Usage And Responsibilities
In addition to the general responsibilities listed in Section 5, you further agree to:
(a) use the Services only for lawful purposes in searching for employment opportunities or finding a candidate for employment;
(b) provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
(c) post, upload, and transmit only materials for which you have all the necessary rights or licenses;
(d) use your own judgment, caution, and common sense in managing job opportunities, candidates for employment, and other information offered by or obtained from the Services; and
(e) bear the risks of any reliance or use of any Materials or any information provided by any third party.
7. Candidates For Employment
As a candidate for employment, you understand and agree that ALG (a) does not warrant that you will receive any employment or job offers by your Use of the Services; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information provided by any third parties; (d) shall not be responsible for any materials from third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.
As an employer, you understand and agree that ALG (a) does not warrant that you will find a candidate for employment through the Services; (b) shall not be responsible for any consequences related to your decision to interview or employ a candidate identified through your use of the Services; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information provided by any candidate for employment; (d) is not your agent in any regard. You shall use your own judgment, caution and common sense in evaluating any candidate for employment and any information provided by any third party.
9. Links To Third Party
The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites are not controlled or monitored by ALG. ALG shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between ALG and the owner of the Linked Sites or any endorsement or sponsorship by ALG of the Linked Sites. ALG includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.
You agree to indemnity, defend, and hold ALG, its parents, subsidiaries, affiliates, officers, managers, directors, agents, and employees harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Services, your Submitted Materials, or your violation of any terms or conditions of these Terms.
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) ALG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) ALG EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SERVICES AND MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SERVICES WILL BE UNINTERRUPTED AND SECURE; (III) THE SERVICES WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SERVICES WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.
13. Limitation Of Liability
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SERVICES OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SERVICES, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE ALG, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SERVICES, YOUR SUBMITTED MATERIALS, AND ANY TRANSACTIONS RELATED TO, RESULTING FROM, OR ARISING OUT OF YOUR USE OF THE SERVICES.
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ALG, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF ALG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, ALG'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT WILL, IN NO EVENT, EXCEED U.S. $500.
ALG has the right, in its sole discretion, to terminate any or all of the Services and remove any Materials from the Site. ALG may also terminate your access to any part or all of the Services at any time, with or without cause. If you want to terminate your account, you may only cease your Use of the Services. ALG shall not be responsible for maintaining or returning your Submitted Materials, your account, or your login and password. You should always maintain a copy of your Submitted Materials.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and ALG arising out of or resulting from your Use of the Services. These Terms constitutes the entire agreement between you and ALG governing your Use of the Services and is additional to any binding agreement between you and ALG. These Terms are governed by the laws of the State of Colorado without giving effect to any conflict of law principles. If any part of these Terms are unenforceable for any reason, the remaining terms shall remain in full force and effect, and the unenforceable term(s) shall be enforced to the maximum extent permitted by law. ALG does not warrant that the Services will be lawful outside of the United States, and if you Use the Services outside of the United States, you will be solely responsible for all of your actions and assume all risks. The failure or delay by ALG to enforce any part of these Terms shall not be deemed as a waiver of any such rights. Sections 1, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 15 shall survive any termination of this agreement.
Updated: July 31, 2014
Questions: If you need more information regarding the Services or these Terms, please contact us.