Acceptance of the Terms of Use

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms of Use”), govern your access to and use of Maximizing Your Now, LLC’s online career exploration solution (the “Service”). The Service provides a cloud-based platform and tool for students, parents, secondary school administrators, higher education staff and businesses, adult learners, and career transitioners to provide exposure, increased knowledge and access to higher education and career options via the internet.

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Please read the Terms of Use carefully before you start to use the Service. By accessing or using the Service, you accept and agree to be bound and abide by the Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Service.

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By accessing or using this Service, you represent and warrant that you are of legal age and mind to form a binding contract with the Maximizing Your Now, LLC, a corporation organized under the laws of the Commonwealth of Virginia (“MYN”).

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The Service is not targeted to children under the age of 13. We adhere to the Children's Online Privacy Protection Act (COPPA) and will not knowingly collect personal information from any child under the age of 13. We ask that minors (under the age of 13) not use the Service. If a child under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

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Parents or guardians are responsible for supervising their child's use of our website and ensuring compliance with these Terms.

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Changes to the Terms of Use

MYN may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.

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MYN reserves the right to withdraw or amend the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service to users for maintenance or any other reason.

 

Accessing and Using the Service

To access and use the Service, you will be required to register and establish your user account. You will be asked to provide certain registration details or other information. It is a condition of your access and use of the Service that all the information you provide for user registration and account set-up is correct, current and complete. You agree that all information you provide to register with the Service is governed by the MYN Privacy Policy, and you consent to all actions we take with respect to your information consistent with the MYN Privacy Policy. You and other authorized end-users who have registered and established user accounts for the Service and have accepted the Terms of Use are collectively referred to as “Users”.

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If you have obtained a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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MYN has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of the Terms of Use or if the enterprise customer that purchased the Service has violated any provision of the commercial services agreement (including non-payment of service fees). MYN may also deny account sign-up based on your location or other reasons. You must not attempt to work around any such limitations in the Service.

 

Content Rights

The Service and its tools, design, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MYN, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Terms of Use grant you limited personal rights to use the Services, and you are prohibited from reselling, sublicensing or otherwise commercializing the Services for monetary gains.

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MYN does not claim ownership of the content you provide and upload on the Service. Your content remains your content. MYN also does not control, verify, or endorse the content that you and others make available on the Service. If you share content in your records, then you agree that anyone you have shared content with may use or access that content and are otherwise authorized by applicable law to do so. You also understand and acknowledge that you are responsible for any content that you transmit or upload, including its legality, reliability, accuracy and appropriateness. When you give others access to your content on the Service, they may use, reproduce, distribute, display, transmit, and communicate to the public the content. If you do not want others to have that ability, do not use the Service to share your content.

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If you share content on the Service in a way that infringes others' rights, including intellectual property rights or privacy rights, you are breaching the Terms of Use. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content does not violate any law. MYN may remove your content from the Service at any time if you breach the Terms of Use.

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MYN does not warrant the accuracy, completeness or usefulness of the information uploaded on the Service by the Users. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any User of the Service, or by anyone who may be informed of any of its contents.

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The Service is not intended to function as a primary document retention or storage tool. Data that you upload or create in the Service are stored only for a limited period of time and that such data will be automatically deleted from the Service without notice to Users. You are responsible for backing up the data that you store on the Service. In the absence of other contractual obligations, if your Service is canceled, we may permanently delete your data from our servers, and we have no obligation to return data to you after the Service is canceled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.

 

Trademarks

Trademarks, logos and service marks displayed on the Service are registered and unregistered trademarks of Maximizing Your Now, LLC, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner's prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Service and its content. The Service and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. All other third-party names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

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Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms of Use. The Service also may contain features where you may transmit direct messages or post and share comments with other Users in the Service. You agree not to use the Service:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding personal data privacy and security).

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Transmit or upload any content which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate MYN, a MYN employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or registration names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or access of the Service, or which, as determined by MYN, may harm MYN or Users of the Service or expose them to liability.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

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Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.

• Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Service.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Service.

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Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of the Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS MYN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MYN AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MYN OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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However, MYN does not undertake to review material before it is uploaded on the Service, and cannot ensure prompt removal of objectionable material after it has been uploaded. Accordingly, MYN assumes no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. MYN has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Data Privacy

You explicitly consent to the use of the personally identifiable information (PII) you provide via the Service, including storing, processing, and disclosing the data in accordance with this Terms of Use. You confirm that you have the legal authority to authorize MYN and its subcontractors to process all PI you provide via the Service and that you have obtained the authorization or consent (as required by applicable law) of all persons whose PI you provide.

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MYN considers your use of the Service to be private. However, MYN may access, disclose, or preserve information associated with your use of the Service, including (without limitation) your personal information and content, or information that MYN acquires about you through your use of the Service (including IP address and third-party information) when MYN forms a good-faith belief that doing so is necessary; (a) to comply with applicable law or to respond to legal process from competent authorities; or (b) to enforce this Terms of Use or protect the rights or property of MYN or our customers.

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MYN retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching this Terms of Use. The technology or other means we use may hinder or prevent your use of the Service.

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In order to provide you the Service, we may collect certain information about Service performance, your machine and your Service use. We may automatically acquire this information from your machine.

 

Geographic Restrictions

MYN provides the Service only for use or access by and data transmissions to persons located in the United States. We recognize that it is possible for you to obtain access to the Service from any jurisdiction in the world, but we have no practical ability to prevent such access. The Service has been designed to comply

with United States laws. If any material on the Service is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that data uploaded to the Service by the Users will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for the storage, retention, and restoration of any data, in original, copy or back-up form. MYN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY DATA OR ITEMS OBTAINED THROUGH THE SERVICES.

 

THE SERVICE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ALSO ACKNOWLEDGE AND AGREE THAT MYN DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE, EXCEPT AS OTHERWISE AGREED IN WRITING BY MYN AND ITS AFFILIATES.

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TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYN AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICE. MYN DOES NOT MAKE ANY WARRANTY THAT THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES MYN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE.

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MYN ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF MYN, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. TO THE EXTENT THAT STATE STATUTES OR OTHER REGULATIONS EXPRESSLY FORBID THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS WILL NOT APPLY TO YOU ONLY TO THE EXTENT CONTRARY TO SUCH EXPRESS STATE LAW.

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Limitation on Liability

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MYN OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY CONTENT CONTAINED ON THE SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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YOU ACKNOWLEDGE AND AGREE THAT THIS IS A REASONABLE ALLOCATION OF RISK. TO THE EXTENT THAT A STATE STATUTE OR OTHER REGULATION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES EXCLUDED HEREIN, THE ABOVE EXCLUSIONS WILL NOT APPLY TO YOU ONLY TO THE EXTENT CONTRARY TO SUCH EXPRESS STATE LAW.

 

Indemnification

You agree to indemnify, defend and hold harmless MYN and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Service and any violation of these Terms of Use, including, without limitation, intellectual property infringement and privacy violations. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. MYN reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MYN in the defense of such matter.

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Governing Law and Jurisdiction

 

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Richmond, Virginia. YOU EXPRESSLY WAIVE ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS TERMS OF USE.

 

Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by MYN of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by MYN to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Assignment

 

MYN may assign, transfer, or otherwise dispose our rights and obligations under this Terms of Use, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

 

 

No third-party beneficiaries

 

This Terms of Use is solely for your and our benefit. It is not for the benefit of any other person, except for MYN’s successors and assigns.

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Entire Agreement

The Terms of Use and the License Terms constitute the sole and entire agreement between you and MYN with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Notwithstanding the foregoing, if you are an enterprise customer and your company has entered into a commercial services agreement for the Service with MYN, then in the event of any conflicts between this Terms of Use and the commercial services agreement, the terms and conditions of that commercial services agreement shall govern and control with respect to the enterprise customer.

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Your Comments and Concerns

If you are an enterprise customer, contact your site administrator for any support or question. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. You consent to MYN providing you required information by e-mail at the e-mail address you specified when you signed up for your Service or by access to a MYN web site that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Service.