4. Registration. To register as a Registered User, you will create an account including a login name, a password, and additional information that will assist in authenticating your identity when you log in. When creating your account, all information you provide must be true, accurate, current, and complete. Each login name and corresponding password may be used by only one Registered User; sharing your access credentials or account with others is a material breach of this Agreement as well as a violation of applicable law. You are solely responsible for the confidentiality and use of your login name, password and other login information provided, as well as for any use, misuse, or communications entered through the Service under your login name or account. You must promptly inform us if your account has been compromised or your credential disclosed and immediately change your password. We reserve the right to delete or change your login name or password at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. The Company will not be liable for any loss or damage caused by any unauthorized use of your account.
7. Fees and Billing. As consideration for your registration and any other purchase you make on the Service, you agree to pay the Company the then-current fees charged by the Company as provided on the Company’s website. The Company or its payment processor will authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your login name or password). If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
8. User Provided Materials. The Service does not currently provide the capability for users to upload or post content directly to the Service. However, in some instances, the Company may solicit testimonial statements or videos, or other materials, from users to promote or otherwise benefit the Service. If you agree to provide any such materials (“User Provided Materials”), you will retain ownership of such User Provided Materials but you hereby give permission for the Company to use and distribute such materials in any manner in its sole discretion and you agree that you will not be due any compensation or credit in connection with such use or distribution. You represent and warrant that any User Provided Materials that you provide will be owned by you, that you have all necessary rights and permissions to allow the Company unrestricted use of such User Provided Materials, and that such User Provided Materials will not infringe or violate the rights of any third party, and you further agree to indemnify, defend, and hold harmless the Company against any violation of such representations and warranties.
9. Content of the Service. The Service contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Compose Your Career (“Content”). The Company retains all right, title, and interest, including all intellectual property rights, in and to the Content. Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
All Content is authorized solely for personal, non-commercial use by Registered Users (or, with respect to publicly available Content, by visitors to the Service). The Company grants no other rights in or to the Content and no other use is permitted without the prior written consent of the Company. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use, distribution, copying, or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
10. Trademarks. The trademarks, service marks, and logos of Compose Your Career, including without limitation the “Compose Your Career” name and any tag lines and logos used in connection with the Service (the “CYC Trademarks”) are trademarks or service marks of the Company. Other company, product, and service names located on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the CYC Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of CYC Trademarks inures to the benefit of the Company.
Elements of the Service and the Content are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.
11. Disclaimer of Warranties; Limitation of Liability. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) THE COMPANY SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICE AT YOUR OWN RISK; (II) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICE OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS. THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE AND THE CONTENT AT ANY TIME WITHOUT NOTICE.
12. External Sites. The Service may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement of the content on such External Sites. The Company is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of materials on such External Sites. You should contact the site administrator or webmaster for External Sites if you have any concerns regarding such links or any content located on such External Sites. If you decide to access linked External Sites, you do so at your own risk.
14. Compliance with Law. The Service is based in the United States. The Company makes no claims as to whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The Company does not accept unsolicited proposals or content, and you waive any rights with respect to any use by the Company of such proposals or content that you may nevertheless submit.
Effective and last revised on August 31, 2021.
2. Information Collected. In the course of operating the Service and/or interacting with you, we will collect and/or receive the following types of information:
b. Order Information. When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.” The Order Information is used to fulfill your Order.
c. Billing Information. When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Billing Information is collected and processed by our third-party payment processor operating as our agent (see, Onward Transfers to Third Parties). We do not directly obtain or process any Billing Information.
d. Other Information. In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
i. From You. Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.
ii. From Your Activity. Information that we automatically collect when you use the Service, including, without limitation:
1.IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of our website you visit; and similar data; and
2. Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.
v. From Other Sources. We also may collect or receive information from third parties, such as Facebook and/or other third-party social media sites.
5. Aggregate Data. In an ongoing effort to better understand our visitors, customers, and our products and services, we may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Service. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
7. Sharing with Third Parties. Like most businesses, we contract with other companies to perform certain business-related services. We may disclose your information, including personal information in some cases, to certain types of third-party companies, but only to the extent needed to enable them to provide such services, including, without limitation, technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations. These other companies will have access to your information, including personal information in some cases, only as necessary to perform their functions and to the extent permitted by law. We may also disclose your information, including any personal information, to any of our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control with us in order to support delivery of our products and services.
9. Disclosures to Public Authorities. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
10. Opt-Out for Direct Marketing. You may opt out at any time from the use of your personal information for direct marketing purposes by e-mailing the instructions to this email address: [firstname.lastname@example.org]. Please allow us a reasonable time to process your request.
In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Compose Your Career marketing email. Customers cannot opt out of receiving transactional e-mails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
13. How We Protect the Information. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from our Service may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail or otherwise.
15. Important Notice to Non-U.S. Residents. It is important to note that the Service and our servers are operated in the United States, and Compose Your Career is responsible for collecting and maintaining your personal information. If you are located outside of the U.S., please be aware that any information provided to or collected by us, including personal information, will be transferred from your country of origin to the U.S. Except in the case of data transfers under the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through our Service, constitutes your consent to this data transfer.