INTOO Terms of Service

(as of July 27, 2020)

Please read the following terms and conditions of service (the "Terms of Service") carefully, because they describe your rights and responsibilities and form a legally binding agreement between you and INTOO, LLC. If you do not agree with all of the Terms of Service, you are prohibited from using this Site or any part of the Services.

INTRODUCTION

INTOO, LLC, with offices at 10880 Wilshire Boulevard, Suite 1101, Los Angeles, CA 90024, United States of America (referred to as, “INTOO”, “we”, “us”, “our”) provides the www.yournextstep.com, along with other INTOO websites (collectively, the “Site”). The Site includes a variety of services, online and mobile applications, downloadable software, products and features, including, but not limited to, CareerArc Outplacement, Your Next Step, Candidate Care, and all available on various mediums or devices now known or hereafter developed (collectively, the “Services”). The Services and the Site are provided to you (also referred to as “‘your” or “User”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein as well as any other written agreement between us. In addition, when using particular Services or materials, Users shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those contained in this Terms of Service. All such guidelines or rules are hereby incorporated by reference into this Terms of Service. If you are a Subscriber (as defined below) to one or more of the Services, you may additionally be required to execute a separate written contract, which incorporates this Terms of Service by reference.

YOUR USE OF THE SITE, INCLUDING ANY RELATED SERVICE OR FEATURE THERETO AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, AND YOUR USE OF THE SERVICES AND RELATED CONTENT, SOFTWARE, APPLICATIONS, WIDGETS, MATERIALS AND/OR SERVICES, CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES, NOTICES, AND OUR PRIVACY POLICY (INCLUDING THE EU AND UK ADDENDUM THERETO).

TO VISIT OR USE ANY SITE OR SERVICE, YOU MUST BE 13 YEARS OF AGE OR OLDER AND, IF YOU ARE UNDER THE AGE OF 18, YOU MUST BE UNDER THE DIRECT SUPERVISION AND HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN. BY CLICKING THE "I AGREE", "I ACCEPT" BUTTON, OR ANOTHER SIMILAR BUTTON EXPRESSING YOUR CONSENT DURING REGISTRATION, OR BY ACCESSING, VISITING, BROWSING, USING, SIGNING IN OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES.

WE RESERVE THE RIGHT TO AMEND THIS TERMS OF SERVICE AT ANY TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST TERMS OF SERVICE WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THE TERMS OF SERVICE PRIOR TO USING THE SITE OR SERVICES. YOUR CONTINUED USE OF ANY PART OF THE SITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
LICENCE

Subject to these Terms of Service, INTOO grants you a limited, personal, revocable, non-exclusive, non-transferable licence, with no right to sub-licence or create derivative works, to access the Site and the Services. We may modify, replace, refuse access to, suspend or discontinue the Site or the Services, partially or entirely, at any time in our discretion. Access to the Site and the Services is licenced, not sold, and this Terms of Service grants no right, title or interest in any intellectual property owned or licenced by INTOO in the Site or the Services.

If applicable, you may install and personally use any software associated with the Services (“Software”) only in object form on a personal or business device controlled by you for your own non-commercial use or benefit. You must not, and must not allow any third party, to copy, issue copies to the public, rent or lend, communicate to the public, modify, adapt, translate, reverse engineer, decompile, reverse assemble, disassemble, or create derivative works of the Software, any portion thereof, or any improvements thereto, or attempt to discover any source code or in any way or ascertain, decipher, or obtain the communications protocol for accessing the Software(or otherwise infringe the rights that we have in the Software under the Copyright, Designs and Patents Act 1988).
USE OF THE SERVICES

Certain of the Services may only be accessed by Users that have paid a service fee or signed or are covered by a separate contract with INTOO to access one or more of the Services, which contract may incorporate these Terms of Service by reference (“Subscribers”). Subscribers fall into one or more of the groups below:
1. Individuals or business entities which have licenced one or more of the Services (“Clients”).
2. Authorized employees or agents of Clients which have set up an account to use one or more of the Services.
3. Former or transitioning employees from our Clients who are seeking career information, preparation, and/or employment, and who have obtained a valid password to access the Services.
The following terms and conditions apply to you only if you are using our iOS mobile or tablet app (the “iOS App”) from the Apple App Store. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to use of the iOS App. You acknowledge and agree that these Terms of Service are solely between you and us, not Apple, and that Apple has no responsibility for the iOS App or content thereof. Your use of the iOS App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and INTOO acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and INTOO acknowledge that, in the event of any third party claim that the App or your possession and/or use of that iOS App infringes that third party’s intellectual property rights, INTOO, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the iOS App. You and INTOO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your licence of the iOS App, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
ACCESS TO SERVICES; PASSWORDS

To access certain Services or some of the resources we offer, you may be asked to provide certain registration details or other information (“Registration Data”). It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. Without prejudice to INTOO's other rights to suspend access to the Services under these Terms of Service, if INTOO believes the information you provide is false, incorrect, inaccurate or incomplete, INTOO has the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time. All Personal Information (as defined in our Privacy Policy) you provide to us is subject to our Privacy Policy, including the EU and UK Addendum thereto. Each individual authorised User will be assigned a unique password, which will enable such User to access and use those Services that they are authorised to use. You are responsible for maintaining the confidentiality and security of your password, for all uses of your password or registration, and all activities that occur under your password or account, whether or not authorised by you. You further agree: (a) that such password is for each User's individual use; (b) not to disclose or share your password with any third party, either internally or externally; (c) to use your best efforts to prevent any third party from obtaining your password, and (d) to inform us immediately of any actual or potential unauthorised use of or access to your password. INTOO reserves the right to refuse account registration, or to suspend or terminate your account at any time for any reason or no reason.

When you sign up to become a User, you may be asked or have the option to install certain of the Services using various social networks, including, but not limited to, Facebook, LinkedIn or X. You are entirely responsible for maintaining the confidentiality of any account or password associated with Facebook, LinkedIn, X, or any other social network.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Services, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of INTOO. You may not transfer, share or make available your account information to others. Any distribution by you of your account information may result in suspension, termination or cancellation of your access to the Services.
THIRD PARTY OR USER CONTENT

Content (as defined below) available through the Site or the Services may represent the opinions and judgments of an information provider, User, Subscriber, or other person or entity not associated with INTOO. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorised INTOO spokesperson speaking in his/her capacity as a representative of INTOO.

In addition, the materials on this Site may include sample or form agreements, letters, guidance, recommendations, industry practices, market research or other documents of a similar nature. These materials are provided solely as examples of documents of their kind, and their delivery and use on our Site does not constitute legal, accounting, human resources, careers, or other professional advice. Under no circumstances will INTOO be liable for any loss or damages caused by your reliance on information or advice obtained through the Site or the Services, including your use of any of the foregoing materials. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other Content available on or through the Site or the Services.

Users and Subscribers are solely responsible for any and all content, submissions and communications, including user comments, photos, images, sounds, files, and other material or information (collectively, “User Content”), that they post or transmit to the Site or through use of the Services, or to any User or Subscriber of the Site or Services, as well as for the consequences of such postings and transmissions. You acknowledge that any reliance on any User Content posted or transmitted by another User or Subscriber will be at your own risk. We assume no responsibility for any User Content and we assume no responsibility for the activities, omissions or other conduct of Users or Subscribers. We act as a portal for the online distribution and publication of User Content and we have no obligation to screen, verify or approve communications or information in advance. The views expressed by other users on the Site or Services do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us at Getintouch@intoo.com.
USE OF COMMUNICATION SERVICES

The Site or Services may contain forums, bulletin board services, chat areas, job or message boards, news groups, communities, personal web pages, calendars, or other message or communication facilities (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and User Content that are proper and related to the particular Communication Service. When using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or Services any User Content or material that:
1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by third party Intellectual Property Rights (or by rights of privacy or publicity);
2. Advocates illegal activity or discusses an intent to commit an illegal act;
3. Does not pertain directly to the Site or Services;
4. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, vulgar, indecent, pornographic, racist, abusive, hateful, harassing, threatening or offensive;
5. Seeks to exploit or harm children by exposing them to inappropriate content, asking for Personal Information or otherwise;
6. Harvests or otherwise collects Personal Information, including e-mail addresses;
7. Violates any law or may be considered to violate any law;
8. Impersonates or misrepresents your intentions or connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of your content or intentions;
9. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
10. Advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on this Site or via a separate executed contract with INTOO;
11. Solicits funds (e.g., initial investments or deposits), advertisers or sponsors;
12. Includes files or programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
13. Amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
14. Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or
15. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
INTOO reserves the right but not the obligation, to monitor use of the Site and Services to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. INTOO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. INTOO also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any User Content or downloaded materials.
USER CONTENT

Any and all User Content that you submit (e.g., by uploading or transmitting) to the Site or in connection with your use of the Services shall be deemed, and shall remain, your property from the moment of creation. Notwithstanding anything to the contrary in these Terms of Service, you remain solely responsible for the content of your submissions. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen, verify, approve or review all User Content, and therefore cannot be responsible for it. INTOO cautions you against giving out any Personal Information about yourself in any Communication Service. INTOO does not control or endorse the content, messages or information found in any Communication Service and, consequently, INTOO specifically disclaims any liability with respect to the Communication Service and any actions resulting from your participation in any Communication Service.

You hereby grant to INTOO a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to INTOO through the Site or Services (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. INTOO will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without restriction and at no charge to you.

You represent and warrant that you have all the rights and authority necessary to grant the rights to any User Content you submit on the Site or in connection with the Services and such User Content will not violate the rights of any third party, including without limitation any copyright, intellectual property, or privacy right. INTOO reserves the right to remove User Content at any time without prior notice.
PROHIBITED ACTIVITIES

You may not access or use the Site or the Services for any other purpose other than that for which INTOO makes it available, including, but not limited to, for individuals seeking employment and career information, and employers seeking employees or interns. Certain activities, even if legal, may violate the common rules of etiquette as determined by INTOO in its sole discretion. Prohibited activities include, but are not limited to:
1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
2. Advertising to, or solicitation of, any other Users to buy or sell any products or services;
3. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, unsolicited bulk email, contests, promotions or any other form of solicitation;
4. Using any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
5. Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
6. Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Site and the Services;
7. Attempting to impersonate another User or person;
8. Using the username of another User;
9. Selling or otherwise transferring your profile;
10. Using any information obtained from the Services in order to harass, abuse, or harm another User or person;
11. Altering, reverse engineering, decompiling reverse assembling, disassembling any part of the Services, or otherwise attempting to discover any source code related to the Services;
12. Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
13. Using the Services in a manner inconsistent with any and all applicable laws and regulations; or
14. Data scraping and data mining activities.
THIRD PARTY CONTENT AND LINKS

The Site and Services provide content and material from third parties, and links to, and references, third party web sites, content and material not controlled by us (collectively, "Third Party Content"). You acknowledge and agree that we neither endorse nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site or through use of the Services. Nothing on the Site or available through use of the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content. The Third Party Content that is provided through our database search products may be used for the period for which you have purchased a subscription. You may make one copy for personal use and use such information for your internal use only relating to internships, career opportunities, career services, career information and employment. Upon expiration or termination of your subscription, you shall destroy all originals and copies of such information unless you are otherwise instructed by us or the third party and upon request, provide us or the third party with certification that you have done so.
SITE SECURITY AND INTEGRITY

You are prohibited from using any INTOO Service or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. Any such conduct may amount to a criminal offence under the Computer Misuse Act 1990. If you become involved in any violation of system security, INTOO reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. INTOO reserves the right to investigate suspected violations of this Terms of Service. INTOO reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction INTOO to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD INTOO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INTOO DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INTOO OR LAW ENFORCEMENT AUTHORITIES. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site, the Services, the Software, or the Content (defined below) in any way, including, without limitation: (a) Accessing Content, data, features or functionality on the Site or through use of the Services for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access; (b) Deleting or revising any Content (including, but not limited to, legal notices) posted by us, or any other person or entity not related to you; (c) Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content; and (d) Using the Content on any other web site or in a networked computer environment for any purpose.
PROPRIETARY INFORMATION

The Site and Services, along with the material and content accessible from the Site and Services (collectively, the “Content”), contain and/or constitute proprietary and confidential information that is protected by Intellectual Property Rights, contract and other laws. “Intellectual Property Rights” means all worldwide statutory and common law rights, whether registered or unregistered, in, arising out of, or associated with: (i) patents and patent applications including, without limitation, divisions, continuations, continuations-in-part, extensions, and reissues of the foregoing; (ii) works of authorship including copyrights, copyright applications, copyright registrations, and moral rights; (iii) trade secrets, know-how, inventions, discoveries, designs, processes and other proprietary information, all developments of any of the foregoing and in each case whether protected or protectable; and (iv) trade marks, service marks, logos, and trade dress rights, including, without limitation, applications for, registrations of, and goodwill in the foregoing. All Content is the property of INTOO, or its content providers, service providers, suppliers, or licensors (collectively, “Licensors”). Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted by you in any way without the prior written consent of INTOO, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any Intellectual Property Rights, or any other proprietary notice or legend appearing in, or on, any of the Content. Modification or use of the Content except as expressly provided in this Terms of Service violates INTOO's and its Licensors' Intellectual Property Rights. Neither title, ownership or Intellectual Property Rights to the Site and Services are transferred to you by access to the Site and use of the Services. The compilation (meaning the collection, arrangement and assembly) of the Content is the exclusive property of INTOO.

You acknowledge that misappropriation or unauthorised use by others of the Content for commercial gain would unfairly and/or irreparably harm INTOO, its affiliates and its Licensors or reduce INTOO's, its affiliates’ and its Licensors’ incentive to create, develop and maintain such information. You will not commit or knowingly assist any act or omission that would contest or impair any of INTOO, its affiliate or is Licensors’ Intellectual Property Rights in the Content or that would cause the Content to infringe the Intellectual Property Rights of a third party. You agree to notify INTOO and its suppliers immediately upon obtaining any information regarding a threatened or actual infringement of their rights. You also agree that you will not use any Content in listings or advertisings in any manner without the prior written approval of such party.
TERMINATION

We reserve the right, in our sole discretion, to deny access to the Site or Services by any User or Subscriber, or to modify, suspend or terminate any User's or Subscriber’s access to or use of the Site or Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing any of the Site or Services, or any part thereof, with or without notice.

You agree that any termination of your access to any of the Site or Services under any provision of this Terms of Service may be effected without prior notice, and you agree that we may immediately deactivate or delete your account and bar any further access to such files or the Site or the Services. You agree that we shall not be liable to you for any termination of your access to the Site or Services.

We reserve the right to expel Users and Subscribers, and prevent their further access to the Site or Services for violating this Terms of Service, suspected fraudulent activity or the law, and we may take any action with respect to User Content and violations of system or network security that we deem necessary or appropriate in our sole discretion, including, but not limited to, suspension, termination of the account or pursuing any legal remedies available to us. We may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Upon termination, you must (a) cease any access to the Site or use of the INTOO Service or its components, and any third-party data; (b) if applicable, remove the Software from all hard drives, networks and/or other storage media; and (c) if applicable, destroy all copies of the Software in your possession or under your control. All rights in any third-party data, any third-party software, and/or any third-party data servers are reserved and remain with the respective third parties. These third parties may enforce their rights against you directly.
DISCLAIMER OF WARRANTIES

You expressly understand and agree that:
1. THE SITE, SERVICES AND ALL CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTOO AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF SATISFACTORY QUALITY, CONFORMANCE WITH DESCRIPTION, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.
2. INTOO AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR SERVICES WILL BE CORRECTED, (IV) THAT THE SITE OR SERVICES (OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE OR SERVICES) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE OR COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, (V) ANY CONTENT OR COMMUNICATION WILL BE VIEWED BY ANY MINIMUM OR SPECIFIC NUMBER OF USERS OR BY ANY PARTICULAR USER; OR (VI) THE SITE, SERVICES OR CONTENT, IS CORRECT, ACCURATE, RELIABLE, COMPLETE, OR UP TO DATE.
3. ANY SOFTWARE OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR MATERIAL.
4. CERTAIN SERVICES ACT AS A PLATFORM FOR EMPLOYERS TO POST JOB AND INTERNSHIP LISTINGS, AND FOR JOB CANDIDATES TO POST RESUMES AND REGISTRATION DATA. INTOO IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS AND JOB CANDIDATES, AND IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES, AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OR INTERNSHIP DECISIONS OR ACTIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY POSTING JOBS ON ANY SITE OR THROUGH USE OF THE SERVICES.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTOO OR THROUGH USE OF THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. THE CONTENT HAS BEEN PREPARED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IN NO WAY CONSTITUTES LEGAL, FINANCIAL OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD NOT ACT UPON ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH USE OF THE SERVICES WITHOUT CONSULTING YOUR OWN LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVISOR.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
LIMITATION OF LIABILITY

NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE:
1. IN NO EVENT SHALL INTOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, FOR ANY:
  1. INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
  2. LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION;
  3. BUSINESS INTERRUPTION;
  4. LOSS OR REVENUE, SALES, BUSINESS OR PROFIT,
  5. LOSS OF DATA;
  6. LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
    - ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE CONTENT, ANY USER CONTENT OR ADVERTISING;
    - ANY CHANGES WHICH WE MAKE TO THE SITE OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR SERVICES (OR ANY FEATURES WITHIN THE SITE OR SERVICES);
    - THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR SERVICES;
    - YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
    - YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, ARISING OUT OF OR RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES.
2. INTOO’S, AND ITS SUBSIDIARIES’, AFFILIATES’, LICENSORS’, EMPLOYEES’, AGENTS’, OFFICERS’, AND DIRECTORS’, TOTAL MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, YOUR USE OF THE SITE AND SERVICES, WHETHER BASED ON AN ACTION OR CLAIM CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF ALL FEES PAID TO INTOO BY YOU (IF ANY) DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY; OR (II) GBP £100.
3. IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE THE SITE AND SERVICES FOR DOMESTIC AND PRIVATE USE. UNLESS YOU HAVE OUR EXPRESS WRITTEN CONSENT, YOU AGREE NOT TO USE THE SITE OR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION IN ACCORDANCE WITH THESE TERMS OF SERVICE. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
4. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS INTOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, CLAIMS, DEMANDS, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES , RESULTING FROM (I) YOUR USE OR MISUSE OF THE SITE OR SERVICES, (II) YOUR USE OF ANY INFORMATION WHICH YOU HAVE NOT BEEN AUTHORIZED TO HAVE ACCESS TO (III) A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OF SERVICE (AS AMENDED AND IN EFFECT FROM TIME TO TIME), (IV) A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OF SERVICE; (V) CONDUCT, COMMUNICATION OR INTERACTION WITH ANY OTHER USER OF THE SITE OR SERVICES OR ANY OF YOUR OTHER ACTIVITIES ON THE SITE OR USE OF THE SERVICES, (VI) VIOLATION OF THE RIGHTS OF ANY OTHER USER OF THE SITE OR SERVICES, OR (VI) YOUR USER CONTENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES.
INTERNATIONAL USE

Although the Site or the Services may be accessible worldwide, we make no representation that materials on the Site or available through use of the Services, including the Content, are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or Services from other locations do soon their own initiative and are responsible for compliance with local laws.
EQUITABLE REMEDIES

In the event that you breach these Terms of Service, you hereby agree that INTOO may be irreparably damaged if these Terms of Service were not specifically enforced, and therefore you agree that INTOO shall be entitled, without proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as INTOO may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with these Terms of Service and consistent with Section 18, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
DISPUTE RESOLUTION AND GOVERNING LAW
1. Binding Arbitration. You agree that any dispute, controversy, claim or cause of action related to or arising out of your relationship with INTOO or your use of the Services or Site (a “Dispute”) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the International Arbitration Rules of the International Centre for Dispute Resolution (“ICDR”). The place of arbitration shall be London, England. The arbitration shall be held, and the award rendered, in the English language.
2. Exceptions to Informal Negotiations and Arbitration. You and INTOO agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or INTOO's Intellectual Property Rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, unauthorised use or Personal Information; and (3) any claim for injunctive relief.
3. Location. These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and shall be interpreted pursuant to the laws of England. Subject to subsections (a) and (b) above, if you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales.
MISCELLANEOUS
1. The Terms of Service and the Privacy Policy constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and INTOO with respect to the Site or Services.
2. If any provision of the Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
3. No waiver of any provision of the Terms of Service by INTOO shall be effective unless in writing signed by an authorized representative of INTOO. The waiver by INTOO of a breach or violation of any provision of this Terms of Service shall not constitute a waiver by INTOO of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of INTOO to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by INTOO. Any provisions of this Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of the Terms of Service.
4. No third parties shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Service, except that our affiliates, suppliers, business partners and Licensors may enforce their rights under “Use of the Services”, "Proprietary Information" and "Limitation of Liability".
5. You may not assign your rights and obligations under this Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Terms of Service.
6. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site or Services.
7. We shall be excused from liability for non-delivery or delay in delivery of products and Services available through the Site or otherwise, and arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, epidemic or pandemic and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
8. The section headings used herein are for reference only and shall not be read to have any legal effect.
CONTACT

If you have any questions or concerns regarding these Terms of Service, you can contact us by email or by mail:

INTOO, LLC
Attn: Support
10880 Wilshire Boulevard, Suite 1101
Los Angeles, CA 90024
Phone: (888) 879-9357
E-mail: support@yournextstep.com