Last updated: April 17, 2020
End-User License Agreement (“Agreement”) Please read this End-User License Agreement (“agreement”) carefully before clicking the “I Agree” button, downloading or using Crossroads Career (“application”). By clicking the “I Agree” button, downloading or using the application, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this agreement, do not click on the “I Agree” button and do not download or use the application. License Crossroads Career Services Inc grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the application solely for your personal, non-commercial purposes strictly in accordance with the terms of this agreement. Restrictions You agree not to, and you will not permit others to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the application or make the application available to any third party. Modifications to Application Crossroads Career Services Inc reserves the right to modify, suspend or discontinue, temporarily or permanently, the application or any service to which it connects, with or without notice and without liability to you. Term and Termination This agreement shall remain in effect until terminated by Crossroads Career Services Inc. Crossroads Career Services Inc may, in its sole discretion, at any time and for any or no reason, suspend or terminate this agreement with or without prior notice. This agreement will terminate immediately, without prior notice from Crossroads Career Services Inc in the event that you fail to comply with any provision of this agreement. You may also terminate this agreement by deleting the application and all copies thereof from your mobile device or from your desktop. Upon termination of this agreement, you shall cease all use of the application and delete all copies of the application from your mobile device or from your desktop. Severability If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Amendments to this Agreement Crossroads Career Services Inc reserves the right, at its sole discretion, to modify or replace this agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Contact Information If you have any questions about this Agreement, please contact us. Crossroads Career Services. Attn: Legal 7614 Southridge lane Savage, MN 55378.
Terms and Conditions By using the application (as defined below), you acknowledge your agreement to be bound by these terms of use (“terms”) and accept the restrictions, disclaimers and limitations set out below. Please review them carefully before use. This is a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Crossroads Career Services Inc. (“CR”, “we,” “us” or “our”) concerning your access to and use of Crossroads Career as well as any other media form, media channel, mobile app or mobile application related, linked, or otherwise connected thereto (collectively, the “app”) and not with any other entity. The “application” shall mean the software provided by CR to offer services related to Crossroads Career, CR’s services and its partners’ services, to be used on Apple iOS and Android devices , including and utilizing the CR integrated platform (the “CR product”), which contains information provided by Crossroads Career Services Inc. If you do not accept these terms, you are expressly prohibited to use the application and you must not download, access or use the application and/or you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the app from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the app after the date such revised Terms of Use are posted. Important Note As is explained in more detail below, Crossroads Career and Crossroads Career Services Inc: 1. is an informational and management aid only and is not offered or provided for the purpose of diagnosing, treating or prescribing for any illness or injury 2. is no substitute for the need to always discuss your healthcare requirements with appropriately qualified professionals 3. is not to be used to diagnose or make treatment decisions 4. is not guaranteed to provide complete accurate or current information 5. is intended for use in the united states only 6. does not endorse any treatment methodology, medications or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or healthcare provider. You expressly acknowledge and agree that CR, is neither responsible for the results of your decisions resulting from the use of the application nor does CR, does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the application provides. The following topics will be discussed: 1. User Representations 2. User Registration 3. Data Protection 4. Crossroads Career Services Website 5. Intellectual Property Rights 6. Conditions of Use 7. Availability 8. System Requirements 9. Termination 10. Limitation of Liability 11. Indemnification 12. Disclaimer of Warranties 13. Further Disclaimer 14. General 15. Password and User Security 16. Community Standards and Conduct Guidelines 17. Prohibited Activities 18. App Management 19. Guidelines for Reviews 20. Apple and Android Devices 21. Submissions 22. U.S. Government Rights 23. Privacy Policy 24. Digital Millennium Copyright Act (“DMCA”) Notice and Policy 25. Copyright Infringement 26. Term and Termination 27. Modifications and Interruptions 28. Governing Law 29. Dispute Resolutions 30. Corrections 31. California Users and Residents 32. Miscellaneous 33. User Data 34. Electronic Communications, Transactions and Signatures 35. Contact 1. User Representations By using the app, you represent and warrant that: 1. all registration information you submit will be true, accurate, current, and complete; 2. you will maintain the accuracy of such information and promptly update such registration information as necessary; 3. you have the legal capacity and you agree to comply with these Terms of Use; 4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the app; 5. you will not access the app through automated or non-human means, whether through a bot, script or otherwise; 6. you will not use the app for any illegal or unauthorized purpose; and 7. your use of the app will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the app (or any portion thereof). 2. User Registration You may be required to register with the app. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 3. Data Protection Any personal information you supply to CR when using the application will be used by CR in accordance with its privacy policy. 4. Crossroads Career Services app The application allows you to access certain functionality available through links provided. Such access will be governed by this terms of use. 5. Intellectual Property Rights All trademarks, copyright, database rights and other intellectual property rights of any nature in the application together with the underlying software code are owned either directly by CR or by CR’s licensors. CR hereby grants you a non-transferable, worldwide, non-exclusive, royalty-free revocable license to use the application for your personal use in accordance with these terms. CR grants you the right to use the application only on iOS and Android products that you own or control, and as permitted by the usage rules set forth in the terms of service. Except for the rights expressly granted above, these terms transfer to you, including any related user, no right, title, or interest in the application, or the content of the application nor any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. CR retains sole and exclusive title to all portions of the application, and any copies thereof, and you, including any related users, hereby assign to CR all right, title, and interest in and to any modifications you or any related user makes to the application, whether or not such modifications are permitted. Unless otherwise indicated, the app is our proprietary property and all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics on the app (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the app “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the app and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the app, you are granted a limited license to access and use the app and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the app, the Content and the Marks. 6. Conditions of Use You will not, nor allow third parties on your behalf to: 1. make and distribute copies of the application; 2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the application, attempt to derive the source code of, or decrypt the application; 3. make any modification, adaptation, improvement, enhancement, translation, or create derivative works of the application of any kind whatsoever; 4. sell, license, sublicense, lease, rent or transfer to any third party whether for profit or without charge, any portion of the application; 5. publish or otherwise communicate any review of, or information about, the performance of the application to any third party without the prior written consent of CR; 6. download, or otherwise use the application in violation of any laws or regulations, including U.S. department of commerce export administration regulations and other applicable laws; or 7. use the application in connection with life support systems, human implantation, medical devices, or any application where failure or malfunction could lead to possible loss of life or catastrophic property damage. 8. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 9. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 10. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 11. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 12. use the application to send automated queries to any app or to send any unsolicited commercial e-mail; use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. CR reserves the right to amend or withdraw the application, or charge for the application or service provided to you in accordance with these terms, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider (“mobile provider”) will continue to apply when using the application. As a result, you may be charged by the mobile provider for access to network connection services for the duration of the connection while accessing the application or any such third-party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the application, you will be assumed to have received permission from the bill payer for using the application. 7. Availability This application is available to handheld mobile devices running current versions of Apple iOS version and current Android operating system. CR will use reasonable efforts to make the application available at all times. However, you acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside CR’s reasonable control. CR, its group of companies, its subcontractor, its group of companies, its sub-contractors, do not accept any responsibility whatsoever for unavailability of the application, or any difficulty or inability to download or access content or any other communication system failure which may result in the application being unavailable. CR will not be responsible for any outage or downtime due to support or maintenance for the application. 8. System Requirements In order to use the application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications “software requirements”. The software requirements are as follows: Current Apple device running a current version of iOS; language: English. The application may be upgraded from time to time to add new functions and services. 9. Termination CR may terminate use of the application at any time with or without prior notification by deactivating your username and password or suspending operation of the application. Upon any termination, (i) the rights and licenses granted to you herein shall terminate; and (ii) you must cease all use of the application. CR reserves the right to terminate its agreement with you, or to modify or terminate services and/or product offerings in connection with the application, at any time without notice to you. Termination between you and CR may only act to discontinue your personal access to the application and such termination may not act to terminate any other contracts related to the application between any other user and CR. 10. Limitation of Liability In no event will CR and/or their respective affiliates be liable to you or any other person for any direct, indirect, special, punitive, exemplary or consequential losses or damages whatsoever arising out of your use of/or access to (or inability to use or access) the application, the content of the application or any equipment furnished in connection therewith, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. Neither CR nor its affiliates are liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the application. To the extent permitted by law, CR’s total maximum cumulative liability hereunder in connection with these terms, whether arising under contract or otherwise, are limited to the fees received by CR under these terms (if any), specifically relating to your use of the application or product which is the subject of the claim. You assume all risk for selection and use of the application and content provided thereon. Neither CR nor its affiliates shall be responsible for any errors, misstatements, inaccuracies or omissions regarding content delivered through the application or any delays in or interruptions of such delivery. You acknowledge that CR, nor its affiliates: 1. has no control of or responsibility for your use of the application or content provided thereon; 2. has no knowledge of the specific or unique circumstances under which the application or content provided thereon may be used by you; 3. undertakes no obligation to supplement or update content of the application; and 4. has no liability to any person for any data or information input on the application by persons other than CR. 11. Indemnification To the greatest extent permitted by law, CR and their respective affiliates shall not be liable to any person (including but not limited to you and persons treated by or on behalf of you) for, and you agree to indemnify and hold CR including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss harmless from any claims, lawsuits, proceedings, costs, attorneys’ fees, damages or other losses (collectively, “losses”) arising out of or relating to, 1. your use of the application or content provided thereon, or any equipment furnished in connection therewith; and 2. any data or information input on the application by you, in all cases including but not limited to losses for tort, personal injury, medical malpractice or product liability, 3. breach of these Terms of Use; 4. any breach of your representations and warranties set forth in these Terms of Use; 5. your violation of the rights of a third party, including but not limited to intellectual property rights; or 6. any overt harmful act toward any other user of the app with whom you connected via the app. In no event shall CR, and their respective affiliates be liable for any special, incidental, consequential, or indirect damages, including damages for loss of profits, loss of business, or down time, even if CR or affiliates have been advised of the possibility of such damages as between you and CR, you hereby assume full responsibility for ensuring the appropriateness of using and relying upon the information in view of all attendant circumstances, indications, and contraindications. Apple or Android is not responsible for addressing any claims by you or any third party relating to the application or your possession and/or use of this application, including but not limited to: (a) product liability claims; (b) any claim the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 12.. Disclaimer of Warranties The app is provided on an as-is and as-available basis. You agree that your use of the app and our services will be at your sole risk. To the maximum extent permitted by law CR makes no representation or warranty whatsoever, express or implied, including but not limited to representations or warranties, regarding the accuracy or nature of the content of the application, warranties of title, non-infringement, merchantability or fitness for a particular purpose. In connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the app’s content or the content of any web apps or other content linked to the app and we will assume no liability or responsibility for any 1. errors, mistakes, or inaccuracies of content and materials, 2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the app, 3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, 4. any interruption or cessation of transmission to or from the app, 5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the app by any third party, and/or 6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the app. The application and software are provided “as is” and “as available” without warranty of any kind. In addition, without limiting the foregoing, the application has been designed for use in the United States. CR does not provide any clinical information or clinical practice patterns outside the United States may differ substantially from information supplied by the application. CR does not warrant that uses outside the United States are appropriate. You acknowledge that updates to the application are at the sole discretion of CR. CR makes no representation or warranties whatsoever, express or implied, with respect to the compatibility of the application, or of future releases thereof, with any computer hardware or software, nor does CR represent or warrant the continuity of the features or the facilities provided by or through the application as between various releases thereof. Any warranties expressly provided herein do not apply if: (i) you alter, mishandle or improperly use, store or install all, or any part, of the application, (ii) you store or install the application on a computer system which fails to meet the specifications provided by CR, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than CR. No salesperson or other representative of any party involved in the distribution of the application (if any) is authorized to make any warranties with respect to the application or the content of the application, beyond those contained in these terms. Oral statements do not constitute warranties, shall not be relied upon by you, and are not a part of these terms. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claim. 13. Further Disclaimer Every effort has been made to ensure that the information provided in the application is accurate, up to-date and complete, but no guarantee is made to that effect, including with respect to any product descriptions, prices, or information concerning medical devices. In addition, the information contained in the application may be time sensitive. Additional information on any product may be obtained from the manufacturer. The application does not endorse any medications or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or healthcare provider. The application is an informational resource only. You and your clinician/counselors/physicians and healthcare practitioners must use your/their own judgment in using the information provided. The application is not a substitute for the care provided by clinician/counselors/physicians and licensed healthcare practitioners and you are urged to consult with your clinician/counselors/physician(s) and/or healthcare practitioner(s) in all instances. The absence of a warning for a given medication or medication combination, or any other treatment, therapy or healthcare provider, in no way should be construed to indicate that the medication or medication combination, or other treatment, therapy or healthcare provider, is safe, effective, qualified, or appropriate. The application is not offered or provided for the purpose of diagnosing, treating or prescribing for any injury, illness, disease or other health condition. Only clinicians/counselors/physicians and other healthcare professionals may, within the scope of their respective licensure and qualifications, diagnose, treat or prescribe for injuries, illnesses, diseases and other health care conditions. You should not use the application or the information it provides to diagnose or to make treatment decisions for yourself or for others. Instead, the application is offered to assist you to collect and organize healthcare information, to learn more about healthcare issues that relate to that information, and to communicate with your clinician/counselors/physician(s) and other healthcare providers more effectively. The information made available to you through the application, including but not limited to information regarding prescription medication and other treatment alternatives and possible medication interactions, is offered for informational purposes only. The information made available to you through the application, including but not limited to information regarding prescription medication and other treatment alternatives and possible medication interactions, is offered for informational purposes only. While CR, has endeavored to make this information as complete and as useful as possible, CR, cannot assure that this information addresses every situation or every client’s needs. The information the application collects and reports regarding your history and/or physical condition is only a partial record, and is not a replacement for the medical and other records that are maintained by your clinician/counselors/physician(s) and other healthcare providers. Therefore, you should not act upon any of the information you receive through the application without discussing the matter first with your clinician/counselors/physician(s) and other healthcare providers. You are strongly encouraged to discuss all questions about your healthcare with your clinician/counselors/physician(s) and other healthcare providers. You expressly acknowledge and agree that CR is not responsible for the results of your decisions resulting from the use of the application, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing a specific healthcare provider or type of provider, or from choosing or not choosing a specific treatment. CR does not assume any responsibility for any aspect of treatment, counseling or healthcare administered or not administered with the aid of information the application provides. 14. General If for any reason any provision of these terms is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. These terms shall be interpreted, construed, and governed by and in accordance with the laws of the United States. You irrevocably submit to the jurisdiction of the courts of the United States. These terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, and all other communications relating to the subject matter hereof. CR may change these terms from time to time by posting revised terms and conditions on the app, and all such changes will be effective when you next use the application or after 7 days, whichever is sooner. No agency, partnership, joint venture or employment relationship is created as a result of these terms. The failure of CR to enforce any part of these terms shall not constitute a waiver of its right to later enforce that or any other part of these terms. The section headings in these terms are for convenience only and shall not affect their interpretation. These terms are personal to you; the rights and obligations contained herein may not be assigned, transferred or sublicensed to any other party without the written consent of CR. Apple and Android and their subsidiaries are third party beneficiaries of these terms, and, upon your acceptance, Apple and Android as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these terms against you. 15. Password and User Security If you are a registered user of this app, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you. 16. Community Standards and Conduct Guidelines You acknowledge that all content posted, emailed, or otherwise transmitted to or on this app, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “postings”), are the sole responsibility of the person who made such postings. This means that you are entirely responsible for all postings that you post, email or otherwise transmit to or from this app. We do not control the postings posted, emailed or otherwise transmitted on our app by others and, as such, we do not guarantee the accuracy, integrity or quality of such postings. Although we have adopted community standards and conduct guidelines for the users of our app (as described below), you understand that by using this app, you may be exposed to postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any postings (other than for content developed by us), including, but not limited to, for any errors or omissions in any postings, or for any loss or damage of any kind incurred as a result of the use of any postings posted, emailed or otherwise transmitted to or through this app. You agree not to use this app (including any community areas) to: upload, post, email or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; impersonate any person or entity, including, but not limited to any user of this app, a director, officer, employee, shareholder, agent or representative of Crossroads Career Services Inc. (CR) or our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with CR, or our affiliates or any other person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through this app; upload, post, email or otherwise transmit any postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; 1. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; upload, post, email or otherwise transmit any postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a community area (or other portion of this app) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this app; 2. Interfere with or disrupt this app or servers or networks connected to this app, or disobey any requirements, procedures, policies or regulations of networks connected to the app; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; 3. “Stalk” or otherwise harass another user or employee of this app; or” solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the app, including user names or passwords; or access or attempt to access another user’s account without his or her consent; 4. your Contributions are not false, inaccurate, or misleading. 5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 9. your Contributions do not violate any applicable law, regulation, or rule. 10. your Contributions do not violate the privacy or publicity rights of any third party. 11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; 13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the app in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the app. 17. Prohibited Activities You may not access or use the app for any purpose other than that for which we make the app available. The app may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the app, you agree not to: 1. systematically retrieve data or other content from the app to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 2. make any unauthorized use of the app, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 3. use a buying agent or purchasing agent to make purchases on the app. 4. use the app to advertise or offer to sell goods and services. 5. circumvent, disable, or otherwise interfere with security-related features of the app, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the app and/or the Content contained therein. 6. engage in unauthorized framing of or linking to the app. 7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; 8. make improper use of our support services or submit false reports of abuse or misconduct. 9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 10. interfere with, disrupt, or create an undue burden on the app or the networks or services connected to the app. 11. attempt to impersonate another user or person or use the username of another user. 12. sell or otherwise transfer your profile. 13. use any information obtained from the app in order to harass, abuse, or harm another person. 14. use the app as part of any effort to compete with us or otherwise use the app and/or the Content for any revenue-generating endeavor or commercial enterprise. 15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the app. 16. attempt to bypass any measures of the app designed to prevent or restrict access to the app, or any portion of the app. 17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the app to you. 18. delete the copyright or other proprietary rights notice from any Content. 19. copy or adapt the app’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the app or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the app. 21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the app, or using or launching any unauthorized script or other software. 23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the app. 24. use the app in a manner inconsistent with any applicable laws or regulations. 18. App Management We reserve the right, but not the obligation, to: 1. monitor the app for violations of these Terms of Use; 2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; 3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 4. in our sole discretion and without limitation, notice, or liability, to remove from the app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 5. otherwise manage the app in a manner designed to protect our rights and property and to facilitate the proper functioning of the app. 19. Guidelines For Reviews We may provide you areas on the app to leave reviews or ratings. When posting a review, you must comply with the following criteria: 1. you should have firsthand experience with the person/entity being reviewed; 2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 4. your reviews should not contain references to illegal activity; 5. you should not be affiliated with competitors if posting negative reviews; 6. you should not make any conclusions as to the legality of conduct; 7. you may not post any false or misleading statements; and 8. you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 20. Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the app: 1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. 21. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the app (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 22. U.S. Government Rights Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use. 23. Privacy Policy We care about data privacy and security. Please review our Privacy Policy posted on the app. By using the app, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the app is hosted in the United States. If you access the app from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the app, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the verifiable parental consent, we will delete that information from the app as quickly as is reasonably practical. 24. Digital Millennium Copyright Act (“Dmca”) Notice And Policy Notifications We respect the intellectual property rights of others. If you believe that any material available on or through the app infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the app infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the app are covered by the Notification, a representative list of such works on the app; 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; 5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. Counter Notification If you believe your own copyrighted material has been removed from the app as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: 1. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; 2. a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; 3. i know a statement that you will accept service of process from the party that filed the Notification or the party’s agent; 4. your name, address, and telephone number; 5. a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; 6. your physical or electronic signature. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury. 25. Copyright Infringement We respect the intellectual property rights of others. If you believe that any material available on or through the app infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the app infringes your copyright, you should consider first contacting an attorney. 26. Term and Termination These Terms of Use shall remain in full force and effect while you use the app. without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the app (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation, we may terminate your use or participation in the app or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 27. Modifications and Interruptions We reserve the right to change, modify, or remove the contents of the app at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our app. We also reserve the right to modify or discontinue all or part of the app without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the app. We cannot guarantee the app will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the app, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the app at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the app during any downtime or discontinuance of the app. Nothing in these Terms of Use will be construed to obligate us to maintain and support the app or to supply any corrections, updates, or releases in connection therewith. 28. Governing Law These Terms of Use and your use of the app are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles. 29. Dispute Resolution Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 30. Corrections There may be information on the app that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the app at any time, without prior notice. 31. California Users and Residents If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 32. Miscellaneous These Terms of Use and any policies or operating rules posted by us on the app or in respect to the app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the app. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms. 33. User Data We will maintain certain data that you transmit to the app for the purpose of managing the performance of the app, as well as data relating to your use of the app. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the app. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 34. Electronic Communications, Transactions and Signatures Visiting the app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the app, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the app. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Contact If you have any questions in relation to these terms, or complaints or claims with respect to the application, you may email us at: support@crossroadscareer.org or by mail at: Crossroads Career Services Inc. 7614 Southridge lane Savage, MN 55378