Last Updated February 15, 2022.
The Center for Graduate Career Success, Inc (“GCS,” “we,” or “us”) welcomes you to use our website at https://institutions.beyondgradschool.com/ and the Content (defined below) provided on the Website (collectively, the “Website”). For the purposes of these Terms (defined below), “you” or “your” refers to you as an individual user who is authorized to access and use the Website through your public or private college, university or other institution of higher education or other entity (the “Institution”), or has purchased an individual subscription for personal use (“individual subscription.”)
1. Registration and Access
1.1 Registration . In order to use the Website, your Institution’s administrator will grant you access through your single sign-on capability. Once you access the Website an account will automatically be created for you. (“Account“). Through single sign-on, your institution shares with GCS certain information, such as first name, name of Institution and email address.
For users on an Individual Subscription, CGS will create a user account for you and share with you via email instructions on how to access the website.
1.2 Security. You are responsible for all activity that occurs under your Account.
1.3 Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Website. Data and messaging rates and fees of your mobile network may apply if you access or use the Website from a wireless-enabled Device (defined below). You are responsible for acquiring and updating compatible hardware or Devices necessary to access and use the Website and any updates thereto. CGS does not guarantee that the Website, or any portion thereof, will function on any particular hardware or Devices. For the purposes of these Terms, “Device” refers to a computer or mobile device owned or controlled by you on which the Website may be accessed and used as authorized by CGS pursuant to the license contained herein.
2. Description of Website
2.1 Services. The Website is an e-learning platform designed to empower graduate students, PhDs and other individuals to make informed decisions about their careers through the use of videos, quizzes and other professional development tools focused on the exploration of non-faculty career options, the process of job searching and career success. The Website may only be used by you.
2.2 Your Responsibility. You acknowledge and agree that you are solely responsible for (a) any obligations or liabilities to other Users (defined below) or other third parties that arise from your access to and use of the Website, and (b) your compliance with your obligations under these Terms.
2.3 Modifications to Website. CGS may, at any time, modify or discontinue, temporarily or permanently, providing any particular Content contained on the Website (or any part thereof) to you, at our sole discretion and for any reason, with or without notice. You agree that CGS will not be liable to you or to any third party for any modification, suspension or discontinuance of providing such Content on the Website.
2.4 Definition of Content. For the purposes of these Terms, “Content” refers to any and all text, graphics, images, photographs, music, software, audio, video, information or other materials, which may include, but not limited to, profile information, quotes, descriptions, and other information or materials that may currently be or in the future become available on or through the Website. Users may create Content solely for their personal use which will not be available to other Users (“User Content”).
2.5 Content Provided by Third Parties. The Website may contain Content provided by third parties. We are not responsible for and do not control third-party Content. We do not approve, endorse or make any representations or warranties with respect to any third-party Content. You acknowledge that all Content is the sole responsibility of the party from whom such Content originated and that you use all such Content at your own risk.
2.6 Investigation of Content. You further acknowledge that we have no obligation to pre-screen Content although we reserve the right in our sole discretion to pre-screen or remove any Content that (a) violates any law or regulation, (b) violates these Terms, and/or (c) otherwise creates liability for us.
2.7 Feedback. You agree we have no obligations regarding any ideas, suggestions, documents, and/or proposals that you submit to us through email, responses to surveys or other means (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to CGS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for the purposes of improving, operating, and maintaining the Website.
3. Rules of Conduct
3.1 Rules of Conduct. The Website may be used only for lawful purposes. You are solely responsible for your use of the Website. We may, in our sole discretion and with or without prior notice, terminate your Account if you misuse the Website, or if you violate these Terms including, without limitation, the rules of conduct contained in this section. For the purposes of these Terms, “User” means an end user authorized by CGS to access the Website.
We specifically prohibit any use of the Website to, and you agree that you will not use the Website, for any of the following:
(a) upload, post, or transmit to CGS by any means, or otherwise make available any Content or 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;
(b) impersonate any person or entity, including another User or an employee of CGS, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) use the Website for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;
(d) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
(e) stalk or otherwise harass any of our employees;
(f) access or attempt to access another User’s account in order to use the Website;
(g) create, scrape or display Content for any purpose;
(h) post any Content from the Website to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent;
(i) use the Website to design or build a competitive product or service or a product using similar ideas, features, functions or graphics of the Website or copy or extract any features, functionality, or Content;
(j) access the Website through access points or a wireless data account (AP) which you are not authorized to use;
(k) cause nuisance, annoyance, disruption, or inconvenience to CGS;
(l) attempt to interfere in any way with the Website’s or CGS’s networks or network security, or attempting to use the Website to gain unauthorized access to any other computer system; or
(m) improperly use the Website, including “framing” or “mirroring” any part of the Website on any other websites or systems, or otherwise improperly obtaining data from the Website.
4. Proprietary Rights
4.1 Restrictions. You shall not and shall not allow any other party to:
(a) license, sublicense, sell, resell, copy, transfer, assign, distribute or otherwise provide or make available to any other party the Website in any way;
(b) adapt, change, modify or make derivative works based upon the Website;
(c) reverse engineer, decompile, or disassemble the Website or its source code, except as allowed under applicable law; or
(d) remove any copyright, trademark or other proprietary notices from any portion of the Website.
In addition to the termination of these Terms, violation of this Section 4 may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties.
4.2 Ownership. The Website and all CGS Content, including all intellectual property rights therein, are and shall remain (as between you and CGS) the sole and exclusive property of CGS or its licensors. Neither these Terms nor your use of the Website conveys or grants to you any rights in or related to the Website.
4.3 Trademark Usage. The CGS name, trademarks, service marks, and logos (the “CGS Trademarks”) used and displayed on the Website are unregistered trademarks or service marks owned exclusively by CGS. Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any CGS Trademark displayed on the Website without CGS’s prior written consent for each individual use. You may not use the CGS Trademarks to disparage CGS, our products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the CGS Trademarks. You may not use any CGS Trademarks as part of a link to or from any service without CGS’s prior written consent. All goodwill generated from the use of any CGS Trademark will inure solely to CGS’s benefit.
4.4 Ownership of User Data. The term “User Data” shall include any and all (a) personal information provided to us by you or the Institution, (b) User Content and (c) any data, information, or material that is (i) provided, submitted and/or otherwise inputted by you into the Website in the course of utilizing the Website, (ii) generated by you in the course of utilizing the Website, such as, but not limited to information, data, reports, text, graphics, charts, files, or other output, (iii) pertains to you and is stored through the Website, (iv) is otherwise provided to us in connection with your use of the Website, and (v) all derivatives and transformations of the foregoing. User Data including all intellectual property rights therein, are and shall remain (as between you, Institution and CGS) the sole and exclusive property of you or the Institution, as applicable.
4.5 Limited License of User Data. You own your data. Subject to the terms and conditions of these Terms, you grant to CGS a non-exclusive license to use, copy, store, transmit and display User Data during the Term solely for the purpose of providing access to and use of the Website to you in accordance with these Terms and for no other purpose whatsoever. CGS shall also have the right to accumulate on an anonymous basis and use User Data solely to improve the features and functionality of the Website.
5. Notice of Copyright Violations
We respect the intellectual property rights of others, and we reserve the right to delete or disable any Content posted through the Website that is alleged to be infringing, and to terminate the accounts of repeat alleged infringers, in accordance with the Digital Millennium Copyright Act (the “DMCA“).
If you’re a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the DMCA. Please contact firstname.lastname@example.org
7.1 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, CGS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE WEBSITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
IN ADDITION, CGS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE (A) RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE, OR (B) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR PROVIDE THE RESULTS THAT YOU DESIRE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE REMAINS SOLELY WITH YOU.
7.2 No Service Guarantee. CGS DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OR UPTIME OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND CGS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES TO YOUR COMPUTER EQUIPMENT, DEVICES OR OTHER PROPERTY OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS OR ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE. CGS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (F) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU. IN NO EVENT WILL CGS OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, ARISING OUT OF, OR RESULTING FROM: (A) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CGS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST US FOR USE OF THE WEBSITE IS TO STOP USING IT. THAT SAID, IF CGS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OUR TOTAL LIABILITY SHALL NOT EXCEED $100.00 US.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Indemnification and Release
9.1 Indemnification. You agree to defend, indemnify and hold harmless CGS, its affiliates and each of their respective officers, directors, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages, liabilities, penalties, claims, causes of action, and demands (including the collection costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to resulting from negligent act or omission by you.
You further agree that you will reasonably cooperate in the defense of any such claims. CGS reserves the right to select its own legal counsel to represent its interests and you agree to reimburse CGS for its attorneys’ fees and costs immediately upon request as they are incurred. You agree not to settle any such claim without the prior written consent of CGS. The obligations described in this section shall include indemnifying and holding harmless CGS from and against losses incurred in enforcing this section.
9.2 User Disputes; Release. If there is a dispute between you and the Institution, another User or third party, you agree that CGS is under no obligation to become involved. In the event that you have a dispute with the Institution or one or more Users or third parties, you release CGS, its affiliates and each of their respective officers, directors, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Website. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.“
10.1 Termination. These Terms shall become effective on the day you register your Account and accept these Terms and continue until the earlier to occur of (a) the Website Usage Agreement with your Institution is cancelled or terminated, (b) we terminate these Terms and your Account, or (c) you notify us of your decision to terminate these Terms and your Account (the “Term”). Either party may terminate these Terms effective immediately, with or without cause, by providing written notice to the other party.
10.2 Effect of Termination. Upon termination of these Terms, you shall immediately cease using the Website, your Account and Content will be deleted
11. Miscellaneous Terms
11.1 Supplemental Terms. Supplemental terms may apply to your use of the Website, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms“). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, these Terms. Supplemental Terms shall prevail over these Terms in the event of a conflict.
11.2 Severability. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.
11.3 Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without CGS’s prior written consent. CGS may transfer, assign, or delegate these Terms and its rights and obligations without consent.
11.4 Entire Agreement. These Terms, including all Supplemental Terms, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
11.5 No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms and nothing contained in these Terms is intended to or shall be interpreted to create any third-party beneficiary claims.
11.6 Notices. Any notice delivered by CGS to you under these Terms will be effective when delivered by email to the email address associated with your Account.
11.7 Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CGS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.8 Location of Services. We administer the Website from our offices in the United States. We make no representation that the Website is appropriate or available for use outside the United States, and access to the Website from territories where its Content is illegal is prohibited. You may not use or export or re-export the Website or Content found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
11.9 Third-Party Websites. With regards to links on the Website that lead to other websites, we do not control and are not responsible for the content of such websites, nor do we endorse any such websites or their products or services, and you acknowledge that all such links are provided for your convenience only. It is solely your responsibility to evaluate the content on other websites and you enter all third-party websites at your own risk. Third-party websites are not covered by these Terms; they are governed by the privacy policies and terms and conditions of those sites, which we do not control and are not responsible for. You hereby agree to hold CGS harmless from any liability that may result from your use of links that appear on the Website.
11.10 Governing Law. The interpretation of these Terms shall be governed by Colorado law, without regard to the choice or conflicts of law provisions of any jurisdiction; however, arbitration shall be governed by the Federal Arbitration Act.
11.11 Commercial Computer Software. If the Website is being used or acquired by or on behalf of an agency or instrumentality of the United States government, you acknowledge and agree that the Website and any Content contained therein are “commercial computer software” or “commercial computer software documentation” developed at private expense and that, absent a written agreement to the contrary, the government’s rights with respect to the Website or documentation shall be as set forth in these Terms, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as amended and as applicable.
11.12 Force Majeure. Notwithstanding anything in these Terms to the contrary, no default, delay or failure to perform on the part of either party shall be considered a breach of these Terms if such default, delay or failure to perform is shown to be due entirely to causes beyond the reasonable control of the party charged with a default, including, but not limited to, causes such as strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inaction of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters or default of a common carrier.
11.13 Headings; Construction. Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent. In these Terms, the words “including” and “include” mean “including, but not limited to.“
11.14 Contacting Us. If you have any questions about these Terms, our privacy practices, or the Website, please contact us at: email@example.com