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Terms of Use

Welcome to JDCareersOutThere.com and our Terms of Use. This Terms of Use agreement is a contract between you and JD Careers Out There (“JDCOT,” “We,” "Our," or “Us”). We operate the website found at the address https://JDCareersOutThere.com (the “Site”). This agreement governs your access to and use of the Site, including any content, functionality and services offered on or through the Site. Please take the time to read this Terms of Use agreement despite the dry legal content, because it’s important. By accessing and using the Site, you (“You” and “Your”) accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, included at the end of this document and incorporated herein by reference. If You do not want to agree to comply with all applicable laws and regulations, these Terms of Use, or the Privacy Policy, You must not access or use this Site. 1.  WHAT JDCOT IS AND DOES JDCOT provides educational content on the topic of careers and career advancement to help those with law degrees, earning law degrees and/or considering earning law degrees. Although the majority of content provided and published by Us will be generated by lawyers, none of it is to be construed as legal advice. The people featured in the videos (“guests”) are expressing their own advice and opinions and not the advice or opinions of their employers (should they have employers). When guests are speaking about a particular career path, unless otherwise specified, they are talking about that career path in general and not describing what it would be like to work in that career path for a specific organization such as their employer or any other firm or company. We and our guests are sharing advice based on real life experience. Whether delivered by text, pre-recorded audio or video, or live interaction (e.g. telephone, teleconferencing, video conferencing, webinar), You are by no means obligated to follow that advice, and You should always use Your reasonable judgment in evaluating any advice and its applicability to Your particular circumstances. Neither We nor Our guests can guarantee Your success, nor are We responsible or liable for any of Your actions. The same disclaimer applies to the career tests or assessments We provide access to, including but not limited to those known as the MBTI® and MBTI®Complete. These two assessments in particular have been designed to provide valuable information about Your personality and preferences. We are not responsible or liable for any actions or causes of action of any kind arising out of or incidental to Your taking any assessments to which we provide access. 2.  CHANGES TO THESE TERMS AND THE SITE We may change these Terms at our sole discretion from time to time. When We post modifications to these Terms, we will revise the “Last Updated” date at the bottom of this page. The modified Terms shall be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes Your continuing agreement to abide and be bound by them, as modified. We expressly reserve the right to make any changes that We deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). By agreeing to these Terms, You warrant that You will access and review this page with sufficient frequency to stay informed of any changes. 3.  LICENSE TO ACCESS AND USE

3.1       The Site’s Content includes exclusive content that can only be accessed by those who have paid for access. Paid access may be in the form of a membership subscription or a one-time payment or multiple installment payments, depending on the product for which access was purchased. Membership subscriptions, one-time payment products and installment payment products may be obtained electronically through the Site and are intended for individual use only, not to be used by or shared with other people, schools, institutions or any other groups. You agree that You will not misuse Your subscription or other payment plan access for unauthorized sharing and are liable for JDCOT’s losses in subscription fees, one-time payment fees, installment payment fees, group license fees, or other damages because of unauthorized sharing. An example of a violation of this clause and these Terms would be any school or school career center purchasing individual access and then revealing or providing access to their students Our Site Content. To inquire about group access, please Contact us.

3.2       JDCOT hereby grants each person who has purchased a membership subscription and/or a one-time or installment payment product such as a class (“subscriber”) a limited, non-exclusive, non-sublicensable and non-transferable license to access the Site and its Content for their own personal use according to the provisions contained herein, and subject to the payment of the applicable fees and adherence to these Terms. The subscriber’s access to Content will depend on the product purchased, payment plan and/or subscription plan chosen by the subscriber.

3.3       Access to exclusive content on the Site is granted under these Terms only upon payment (of the subscription and/or one-time payment or installment payment fees). Membership subscription and class registration fees are non-refundable; except that subscribers may cancel their membership subscription or class registration in exchange for a refund within their first 30 days of their initial payment if they truly don’t believe they are getting anything useful out of the Site. To do so, they would contact JDCOT via the Contact tab in the Site’s navigation menu.

Membership subscriptions automatically renew at the end of their term. The subscription term depends on the subscription plan chosen by the subscriber during the registration process (e.g. monthly, quarterly, annually). The subscriber may end their Membership subscription at any time by contacting JDCOT via the Contact tab in the Site’s navigation menu. The subscriber will get to finish out their current term and will not be billed again after the date and time stamped on the email containing their termination request. Those who purchase JDCOT products via installment payments agree to pay every monthly installment payment until the total amount listed at the time of purchase has been paid in full.

3.4       The registration process to become a Site subscriber requires that You provide Your name and contact information and to select a username and password. You represent and agree that all information that You provide to Us in connection with Your access to and use of the Site is true, accurate, and complete to the best of Your knowledge and belief. You agree to not (a) register under the name of another person, (b) choose a username that is vulgar, profane or otherwise offensive, (c) choose a username that impersonates or suggests representation of another entity, or (d) choose a username that incorporates a solicitation. You are responsible for maintaining the confidentiality of Your password(s) and other information. You are entirely responsible for any and all activities that occur under Your username and password whether or not authorized by You. You agree to immediately notify JDCOT at: info “at” JDCareersOutThere “dot” com (or via the Site’s contact form via the Contact tab in the Site’s navigation) of any unauthorized use of Your username or password. Although JDCOT will not be liable for losses caused by any unauthorized use of Your username or other information, You may be liable for the losses of JDCOT or others due to such unauthorized use.

3.5       We reserve the right to decide which Content on the Site is visible to all Site users and which is exclusive (e.g. for subscribers only). We also reserve the right to change the status of certain Content when We choose.

3.6       You may access and use this Site only for Your use as described in these Terms. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If You choose to access this Site from locations other than in the United States, You do so at Your own initiative, at Your own risk, and are responsible for complying with applicable local laws.

3.7        You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Us in writing, in no event will You reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

4.  PRIVACY POLICY & LIMITATION OF LIABILITY ON PRIVACY Information that You provide to Us or that We collect about You and Your Company through Your access to and use of the Site is subject to our Privacy Policy, the terms of which are included at the bottom of this document and hereby incorporated by reference into these Terms of Use. JDCOT shall have no liability with regard to unintentional or uncontrollable releases of private information. You agree to release JDCOT and hold JDCOT harmless from any related claims. 5.  INTELLECTUAL PROPERTY You understand and agree that We own, or (where applicable) We have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that You acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of JDCOT or its licensors and content providers. If Your level of Site access provides access to the downloading of Content from the Site, You shall use that Content for Your own educational and informational purposes. You shall not in any way share, distribute or reproduce that Content. Trademarks that We have the license to use on the Site include MBTI® and Myers-Briggs®. MBTI® and Myers-Briggs® are trademarks or registered trademarks of the MBTI Trust, Inc., in the United States and other countries. 6.  USE OF TRADEMARKS Except for the limited permission to use the JDCOT logo as set forth in these Terms (see Hyperlinks below in Section 12), You may not, without our express written permission, use any of JDCOT's trademarks or service marks for any other purpose. 7.  CLAIMS OF COPYRIGHT INFRINGEMENT If You believe in good faith that any Content has been used in a way that constitutes copyright infringement, You may forward the following to our copyright agent per the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2) at the contact information listed at the end of this paragraph: (a) Your contact information, including Your name, address, telephone number, and email address; (b) identification and description of each copyrighted work that You claim has been infringed; (c) the exact URL or location of the material that You claim is infringing; (d) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owners. Marc Luber JDCOT P.O. Box 48842 Los Angeles, CA 90048 Email: Info “at” JDCareersOutThere “dot” com (or use the Site’s contact form via the Contact tab in the Site’s navigation) You acknowledge that if You fail to comply with these requirements as stated in both Sections 7.1 and 7.2, Your DMCA notice may not be valid. 8.  TERMINATION OF ACCESS

8.1         JDCOT reserves the right, in its sole discretion, to terminate Your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between You and JDCOT, including, without limitation, these Terms. Following any such termination of access, You will continue to be bound hereunder to the fullest extent applicable.

8.2       Upon being notified that Your access is terminated, You must destroy any materials you have obtained from the Site. You shall not attempt to re-register with or access the Site and/or any of its Content, through use of a different username or otherwise, without our written approval. After terminating Your access, JDCOT will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon Your use and treatment of Content will remain in full force. You acknowledge that You will not be entitled to receive a refund for fees related to the Site or its Content to which Your access has been terminated.

9.  USER CONDUCT In connection with Your access and use of the Site and that of any person authorized by You to access and use the Site, You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with Your use of the Site, neither You nor the Company may cause or permit any person to do any of the following:

(a)  use the Site or Content for any unlawful purpose;

(b)  permit or provide others access using Your user name and password or the user name and password of another authorized user;

(c)  transfer Site Content to another person;

(d)  save, download, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by Site policies;

(e)  copy, modify, reverse engineer, redistribute, create derivative works from, assign, license, transfer or adapt any of the information, video, audio, text, graphics,  source code or HTML code or other content available on the Site;

(f) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(g)  impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(h)  violate the Site’s security mechanisms, or otherwise breach the security of the Site or corrupt the Site in any way;

(i)  use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(j)  use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

(k)  use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

To ensure that users of the Site do not engage in any of the above conduct, JDCOT reserves the right to monitor use of the Site and to revoke or deny access to any person or entity whose use suggests such conduct. 10.  SUBMISSIONS 10.1          By disclosing or offering any information to Us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through Your use of the Site or otherwise, You authorize JDCOT to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, You automatically grant, and You represent and warrant that You have the right to grant, to JDCOT an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing. 10.2          By making a Submission, You represent that You have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission You make and for the legality, reliability, appropriateness, and originality thereof. In making such representations and warranties, You agree to indemnify JDCOT against and hold JDCOT harmless from any inaccuracy or claim of inaccuracy of such representations and warranties, including attorney fees. JDCOT may, in its discretion, remove any Submission that it believes to be in violation thereof. 10.3          By uploading and making any Submission to the Site, You agree:

(a)  That the quality of Your content may be modified by the uploading process;

(b)  That JDCOT does not guarantee confidentiality of the content that You submit;

(c)  That You shall be solely liable for Your Submission and any and all consequences of submitting Your content to the Site; and

(d)  That Your Submission may remain in possession of JDCOT after its removal by You.

10.4          Any use by You and any Submission contributed by You must in its parts and in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your use and Your Submissions must not:

(a)  Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

(b)  Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(c)  Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

(d)  Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

(e)  Be likely to deceive any person;

(f)  Promote any illegal activity, or advocate, promote or assist any unlawful act;

(g)  Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, harass, or annoy any other person;

(h)  Impersonate any person, or misrepresent Your identity or affiliation with any person or organization;

(i)  Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising, other than as consistent with the stated purpose and mission of the Website or Services; or

(j)  Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.

11.  SECURITY JDCOT takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site as detailed in the Privacy Policy. Nevertheless, We cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about You, including any username and any password used in connection with Your use of the Site. You agree to notify JDCOT immediately if You discover loss or access to such information by another party not under Your control and supervision. JDCOT will not be liable for any loss or damage arising from the unauthorized use of Your username or password. 12.  HYPERLINKS

12.1          This Site may include hyperlinks to other websites which are not maintained by JDCOT. We are not responsible for the content of such third party websites and We make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to third party websites does not imply endorsement by JDCOT of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to third party websites may be different from those applicable to our Site. If You decide to access any third party website through a link within our Site, You do so entirely at Your own risk, and JDCOT will have no liability for any loss or damage arising from Your access or use of any external website. Since JDCOT is not responsible for the availability of these websites, or their contents, You should direct any concerns regarding a third party website to the administrator of that website. You agree that You will bring no suit or claim against Us arising from or based upon any such use of third party websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) We are affiliated or associated with any third party website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

12.2          Images of the JDCOT logo can only be used to link to the Site; any other use of the JDCOT logo can only be made with our express written permission. By linking to the Site, You agree that You will not misrepresent Your relationship with Us or present false or misleading impressions about Us. No hyperlinks to the Site may be used in a manner that implies or suggests that JDCOT approves or endorses You, Your website, or Your goods and services. We will have no responsibility or liability for any content appearing on Your website. No hyperlink may appear on any page on Your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

12.3          We reserve the right, at any time and in our sole discretion, to request that You remove from Your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the JDCOT logo and Your right to link to any pages on the Site. Upon our request, You agree to immediately remove all hyperlinks to the Site and to cease using the JDCOT logo for linking purposes. Thereafter, Your posting of any future hyperlinks to the Site will require our express written permission.

13.  AFFILIATES We will provide affiliate links to third party sites and/or products. We are paid a commission if and when the site user purchases the linked-to product(s) from the affiliate(s). There is no additional cost to the site user for buying a product via an affiliate link. We only promote products that We truly believe in. For example, We will recommend and link to books on Amazon.com and link to books on Amazon.com written by our guests. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees from qualifying purchases by advertising and linking to Amazon.com. When We recommend products and link to them via affiliate links, We make clear and conspicuous disclosures about our advertising relationships. In accordance with guidelines from the Federal Trade Commission, these disclosures can be found in the same webpage and location of the Site where affiliate advertising takes place, either as full-text disclosures, as hyperlinks to a disclosure, or both. 14.  DISCLAIMER

14.1          YOUR USE OF THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, JDCOT AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

14.2          JDCOT uses PayPal and Stripe to process payments and thus, We do not retain Your purchase, sale, and payment information. By Your use or purchase through the Site, You agree to hold JDCOT harmless from and indemnify JDCOT against any claim or liability arising out of or related to confidentiality of such payment information.

15.  LIMITATION OF LIABILITY

15.1       In no event will JDCOT, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to You, Your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) Your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) Your purchase or use of any goods or services provided by third parties.

15.2       Under no circumstances will JDCOT or our Representatives be liable to You, Your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if We were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of JDCOT and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

15.3       Without limiting any of the foregoing, if JDCOT or any of the Representatives is found liable to You or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or Your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

16.  INDEMNIFICATION You agree to defend, indemnify and hold harmless JDCOT, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that You submit, post to, or transmit through the Site; (b) Your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and JDCOT; (c) Your violation of these Terms; (d) Your violation of any rights of any third party; (e) Your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and You grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by You hereunder. 17.  JURISDICTION These Terms will be construed and enforced in accordance with the laws of the State of California. Each of You and Your Company submits to personal jurisdiction in California, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Los Angeles County, California. 18.  WAIVER OF JURY TRIAL YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY. 19.  MISCELLANEOUS

19.1          These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

19.2          Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and You agree that You will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

19.3          Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

19.4          These Terms do not confer any rights, remedies, or benefits upon any person other than You.

19.5          We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

19.6          Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

19.7          If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

19.8          Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

19.9          Discontinuation of use of this Site is Your sole right and remedy for any dissatisfaction with the Site or any of the Content.

20.  OTHER AGREEMENTS If You have entered into a separate written agreement with JDCOT with respect to Your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict. 21.  QUESTIONS Please contact Us with any questions regarding the Site or these Terms at info “at” JDCareersOutThere “dot” com (or by using the Site’s contact form via the Contact tab in the Site’s navigation).  Last Updated: 5/12/2018  

BELOW PLEASE FIND OUR PRIVACY POLICY, ALSO FOUND BY CLICKING HERE

 

Privacy Policy

JD Careers Out There (“JDCOT,” “We,” “Our,” or “Us”) respects your privacy and is committed to protecting it through Our compliance with this Privacy Policy. This policy describes the types of information We may learn about visitors and registered users (“You,” “Your”), both automatically and through voluntary actions You may take, when You visit the website https://JDCareersOutThere.com, its sub-domains, affiliated websites, and any services available therefrom, including any mobile versions of the website or mobile applications (the “Site”) and electronic messaging between Us and You such as email. This policy also describes Our practices for collecting, using, maintaining, protecting and disclosing that information. Please read this Privacy Policy carefully before You start to use the Site. Your use of the Site and/or Your clicking to accept or agree to the Terms of Use when this option is made available to You constitutes Your acceptance of and agreement to be bound by this Privacy Policy. If You do not agree with Our policies or practices, Your choice is to not use Our Site. This Policy may change from time to time (please see the “Changes to Our Privacy Policy” section). Your continued use of this Site after We make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

We may collect several types of information from and about You, including:
  • Information You provide to Us
  • Information We collect through automatic data collection technologies
  • Information provided by Our third party service providers (“Contractors”)
The information We collect may be:
  • Personally identifiable information Includes Your contact information such as Your name, company, email address, postal address and phone number, by which We may communicate with You online or offline.
  • Non-personally identifiable information Includes data that may reveal such things as the Internet protocol (“IP”) address assigned to Your computer, Your internet service provider, Your browser accessing the Site, the type of equipment You use to access Our Site, Your language, specific pages that You access on the Site or prior to or after visiting the Site, the content of undeleted cookies Your browser accepted from Us, the length of time You spend at the Site, and referring website addresses.
Information We collect from the different sources outlined above that is non-personally identifiable may in some cases be linked or combined with information we collect that is personally identifiable. We will refer to the information We collect as “personal data,” “your data,” “personal information,” or “your information.” Depending on the situation, personal data can refer to personally identifiable information and/or non-personally identifiable information. Information You Provide to Us Information We collect on or through Our Site that You provide to Us may include:
  • Information You provide by filling out forms on the Site. This includes information You provide when registering on Our Site to receive Our emails, registering on Our Site upon purchase of Our products and/or services, information You provide in requests for personal and/or technical help, and information You provide as a response to Our follow-up. This also includes information You post in Our interactive areas (please see the “Interactive Areas” sub-section below).
  • Information You provide in response to surveys We may request for Our business research purposes.
  • Information You provide when You contact Us, including Your email address and Our records and copies of that correspondence.
  • Information You provide when You purchase products and/or services from Us. We currently use Pay Pal and Stripe for merchant services, neither of which shares Your credit card information with Us. Your personal payment information is provided directly to them and governed by their privacy policies. We reserve the right to change Our merchant service provider(s) without notice to You.
You are under no obligation to provide Us with personal information, but without it We may not be able to provide to You the products or services that You request. We and Our Contractors may retain the content of and metadata regarding any correspondence You may have with Us or Our representatives, regardless of the mode of communication by which such correspondence was made.
  • Interactive Areas We provide areas within the Site that allow users to post comments and other materials. These interactive areas are intended to enhance the user experience and build a healthy community around the products and services available through the Site. JDCOT is not liable for information posted in interactive areas of the Site. Information You voluntarily post about Yourself and third parties in such areas might be accessed, collected and used by third parties other than JDCOT or Our Contractors. Your postings and other submissions are governed by Our Terms of Use. Your postings may appear on other websites or when search engines search for the subject or content of Your posting, including any names or alias used. Once posted, You may not be able to edit or delete such content. That content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. We may also provide areas off of the Site, hosted by a third party, in the form of a community discussion board that allows users to post comments and other materials. These interactive areas are intended to enhance the user experience for Our members and class registrants by providing an online community. Like the interactive areas on the Site, JDCOT is not liable for information posted in Our interactive areas on such third party products or services. We advise You to review the privacy policies of any third party interactive areas/community discussion boards that are off Our Site.
Information We Collect Through Automatic Data Collection Technologies As You navigate Your way through and interact with Our Site, We may use automatic data collection technologies to collect:
  • Information about Your computer and internet connection such as Your Internet protocol (“IP”) address assigned to Your computer, Your internet service provider, Your operating system, Your location, and Your browser accessing the Site.
  • Information about Your visits to Our Site, including specific pages that You access on the Site or prior to or after visiting the Site, the content of undeleted cookies Your browser accepted from Us, the length of time You spend at the Site, and referring website addresses.
The information We collect automatically will not include personally identifiable information. We use this data as statistical data for purposes including estimating Our audience size and usage patterns, and determining popular areas of the Site. This statistical data helps Us to improve Our Site, provide a better user experience and a better service that is more customized to Our audience. To the extent that You voluntarily provide personally identifiable information to Us, We may connect this information to personally or non-personally identifiable information about You that You provide to Us or We collect from other sources. Information We collect through automatic data collection technologies may be provided to Us by Our third party Contractors. For example, as with many other websites, Our Contractors include Google Analytics for Site analytics. Additional analytics may come from companies including Our Site’s web hosting company, Liquid Web, as well as Our email communications companies, Aweber and SendGrid.
    • Technologies We use for automatic data collection may include:
    • Cookies Like other commercial websites, Our Site uses a standard technology called “cookies”. Cookies are small information files stored by Your web browser on Your device’s hard drive when You visit a website. Cookies allow for the collection of non-personally identifiable information. Our Site may send one or more cookies to Your hard drive to enable Us to enhance Your user experience with the Site by storing user preferences and tracking user trends. The cookies may be first-party cookies (where the code is created by the actual site You are on) or third-party cookies (where the code is available on that same site but created by a different entity). You may refuse to accept cookies by adjusting the settings on Your browser or internet security program accordingly. If You disable cookies, You may not be able to access the full functionality of Our Site.
    • Pixels / Web Beacons Like other commercial websites, Our Site and emails use a standard technology called “pixels” or “pixel tags” or “web beacons”. These are small electronic files that trigger a cookie (first-party or third-party) and permit Us to track how many users have visited specific pages or gather other statistics such as email opens (via Our current Contractor, Aweber).We may also use this technology in the form of social media pixels (e.g. using the Facebook pixel on Our Site), which may use first-party cookies). These pixels allow social media sites to track their visitors to outside websites like Our Site so they can tailor the advertising messages their users see while visiting their site. These pixels also allow Us to develop, improve and target Our promotional messaging to You both on Our Site and social media sites. We reserve the right to use these technologies in compliance with the policies of the various social media sites. For more information on social media advertising and tracking, as well as opting-out, please see the “Advertising” sub-section below.
Third Party Use of Cookies and Other Tracking Technology Our Site may contain links to other websites and We may include or offer third party products or services via links, affiliate links or advertisements. The third parties being linked to or serving the content, applications or advertisements may use tracking methods, including cookies, to collect information about You when You use Our website, including how You view or interact with their offers or advertisements. The information third parties collect may be associated with Your personal information or they may collect information, including personal information, about Your online activities over time and across different websites and other online services. They may use this information to provide You with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. This Privacy Policy does not apply to and We are not responsible or liable for the content or privacy practices of other companies or other websites. Their privacy policies may differ from Our own. You acknowledge that Your use of and access to other websites that You click through to from Our Site is solely at Your risk. It is Your responsibility to check the privacy notices of these websites to see how they treat Your information. If You have any questions about advertisements or other linked content, You should contact the responsible provider directly. You should also review the “Advertising” sub-section below. Google Analytics Google requires that We inform You of the Google Analytics features that We use and how We use them, even if the information may be repetitive from what is already listed in this Policy. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. The data they collect is shared with other Google services (e.g., YouTube, which We also use). Google may use that collected data to contextualize and personalize the ads of its own advertising network. Google Analytics provides Us information on how You interact with and use Our Site. This data does not identify You, but it may provide Us with key demographic information such as age, gender, and other information about Our visitors and subscribers. This feature also provides Us with data on how long Our visitors and subscribers use Our Site, which pages they use most, and how they found Our Site. We may also use the Google Analytics service for marketing the Site and for placing advertising that is targeted to You on the Site and other sites that You visit. When You visit Our Site, Google Analytics plants a cookie on Your web browser to identify You as a unique user during subsequent visits to Our Site. You can prevent Google Analytics from recognizing You by disabling cookies in Your browser. You can learn more about how Google collects and uses data here, and their privacy practices here.

HOW WILL WE USE YOUR INFORMATION?

We and Our Contractors may use information We collect about You to:
  • provide customer support
  • manage Your account
  • improve the Site, Site traffic and user experience, as well as content, materials, and services that We make available on the Site
  • deliver the products and services You request and that We think You want most
  • allow You to participate in Our interactive features when you choose to do so
  • communicate with You via email and other methods
  • provide You with educational and general information, as well as offers and promotions about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information
  • display advertising and content tailored to You on Our Site and other sites that You visit to remind You about Us (via Google Analytics, Facebook pixels and/or other services), including remarketing and retargeting Our Site, products, and services on other websites after You have visited Our Site (including advertising on Facebook and creating Facebook Lookalike Audiences)
  • detect, prevent and address technical issues, and
  • perform other functions or those described to You when You submit Your information.
We and Our Contractors may store information We collect about You for as long as is necessary for the purposes indicated in this Privacy Policy. We may also store this information to the extent necessary to comply with any applicable laws, Our legal obligations, and to enforce Our Terms of Use. Emails and Communications When You submit Your email address to Us, You agree to receive email from Us. We use email to stay in touch with You and provide You with educational information, offers and promotions. We only send emails to people that have authorized Us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails. We are strongly opposed to spam (unauthorized commercial email delivery). Here is a link to the anti-spam policy for Aweber, the Contractor that collects and distributes Our newsletters and email communications. If You have signed up to receive Our electronic communications and later wish to opt-out from receiving further emails, You may make this change at any time by clicking on the “Unsubscribe” link provided at the bottom of Our emails. You can also manage Your email contact information and which of Our topical email lists You participate in by clicking the “Change Subscriber Options” link at the bottom of Our emails. You can also make these changes by sending Your request to Us via the contact form on Our Contact Page. We are committed to keeping Your e-mail address confidential. We will not sell, rent, or lease Your email address to third parties, and will not disclose Your email address to any third parties except as allowed in the “Disclosure of Your Information” section of this Policy. By submitting Your email address, You agree to allow Us to use Your email address for custom audience targeting on sites like Facebook, where We display custom advertising to specific people who have opted-in to receive communications from Us. For more information on social media advertising and tracking, as well as opting-out, see this Policy’s “Advertising” sub-section. We will maintain the information You send via e-mail in accordance with applicable federal law. We may retain the content of Your email messages together with Your email address and Our responses. Advertising After visiting Our Site, You may see Our advertising on sites such as social media sites including Twitter, Facebook, Instagram, and LinkedIn. This type of marketing that is tailored and targeted to You off of Our Site is sometimes referred to as remarketing or retargeting. Similar to other commercial websites, to accomplish this, We may use technology such as cookies, pixels, and/or Your email address. Any data that is shared with social media companies is only shared for this type of marketing on Our behalf and the companies using it are obligated not to disclose or use it for any other purpose. This data allows Us to improve Our marketing services by showing You Our ads on their sites and having Our ads presented to new audiences based on similar interests to Yours. For example, Facebook and/or Instagram would link data collected via Us with Your account on their platform, allowing Us to serve You with advertisements on their platform. They call this Custom Audience targeting. They call the similar audience that they would deliver Our ads to a Lookalike Audience. By using Our Site and agreeing to this Privacy Policy, You are giving Your consent for Your data to be used for the marketing purposes described within this section.
  • You can visit Twitter’s Privacy Policy page to learn more about the privacy practices and policies of Twitter. You can choose to opt-out from their interest-based advertising by following their instructions.
  • You can visit Facebook’s Privacy Policy page to learn more about their practices and policies, and visit their Help Center to learn more about their advertising practices and how to opt-out from their interest-based advertising.
  • You can visit LinkedIn’s Help Center to learn more about the practices and policies of LinkedIn and to opt-out from their interest-based advertising.
  • The Digital Advertising Alliance is a nonprofit that establishes and enforces responsible privacy practices for relevant digital advertising. Many companies, including Facebook, adhere to the Self-Regulatory Principles for Online Behavioral Advertising and the opt-out programs established by the DAA. To opt-out of advertising from participating companies, You can visit the DAA by clicking here for the USA, here for Canada. and here for Europe, or opt-out using Your mobile device settings.
  • The Network Advertising Initiative is the leading nonprofit self-regulatory association comprised of third party digital advertising companies and dedicated to responsible data collection and its use. Most ads served in the U.S. involve the technology of the NAI’s member companies. Like the DAA, the NAI has established an opt-out program where You can opt-out of advertising from participating companies by clicking here.
  • You can click here to learn more about online advertising in general.

DISCLOSURE OF YOUR INFORMATION

We may disclose non-personally identifiable information about Our users without restriction. We may disclose Your personal information that We collect or You provide as described in this Privacy Policy:
    • To Our Contractors, service providers, subsidiaries, and other third parties We use for the purpose of furthering Our mission as an organization and providing the Site and Our services to You. These third parties include but are not limited to: web development/design companies, web analytics companies, advertising networks, shopping cart and email service providers. These third parties will have access to Your information only to perform their specific tasks on Our behalf and are obligated not to disclose or use it for any other purpose. For details related to advertising, please see the “Advertising” subsection above.
    • To Our affiliates.
    • To any buyer or successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.
    • To enforce or apply Our Terms of Use and Site policies, including for billing and collection purposes.
    • To fulfill the purpose for which You provide it.
    • If We have received Your express permission beforehand.
    • If We believe release is necessary or appropriate to protect the rights, property, or safety of JDCOT, Our customers or others.
    • If We believe release is necessary or appropriate to comply with any court order, law or legal process, including to respond to any government or regulatory request.
    • For any other purpose disclosed by Us when You provide the information.

ACCESSING AND CORRECTING YOUR INFORMATION

You may send us an e-mail via the Site’s Contact form to request access to, correct or delete any personal information that You have provided to us. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect. Also, as mentioned above, You can cancel Your participation in Our email lists at any time by clicking the “Unsubscribe” link included at the bottom of each email. You can also manage Your email contact information and which of Our topical email lists You participate in by clicking the “Change Subscriber Options” link at the bottom of each email.

HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?

Data protection is a high priority for JDCOT. We have put in place security measures (including physical, electronic, and corporate practices) to safeguard the storage and communication of the information You provide to Us and the information We collect automatically. These security measures include but are not limited to: working only with reputable third-party vendor Contractors, using password protected directories and databases to safeguard Your information, and SSL (Secure Socket Layer) technology to ensure that Your information is fully encrypted and sent across the Internet securely. We use the much-trusted PayPal and Stripe to handle financial transactions so that Your financial information is securely stored and encrypted by them. After a financial transaction on the Site, Your financial information will not be stored on Our servers. Only authorized employees and contractors are permitted access to Your information, and only for appropriate use such as providing service to You or managing Your account. Information is sent via encrypted channels and firewalls are in place to prevent unauthorized persons from gaining access. The safety and security of Your information also depends on You. You are responsible for keeping Your passwords for accessing password-protected parts of Our Site confidential, whether You created the passwords or We gave them to You. We ask You not to share Your password with anyone. This also applies to passwords for any online community we offer that is not located on Our Site. Unfortunately, the transmission of information via the internet is not completely secure. For example, email is not even recognized as a secure medium of communication. Although We have taken these and other steps, We do not covenant or guarantee that Your information will always remain secure from cyber-attack, other criminal events, or any circumvention of any privacy settings or security measures either at Our Site or those of Our Contractors. For any and all of these reasons, any transmission of personal information is at Your own risk.

LOCATION OF THIS SITE

This Site is hosted and operated in the United States. However, We and Our Contractors may, in Our effort to provide the Site, store Your information, including personal information, in the United States, or We may transfer it to, and store it within, other countries. Those who access or use the Site from jurisdictions outside the United States do so at their own choice and risk and are solely responsible for compliance with local law. If You are not a resident of the United States, You acknowledge and agree that We may collect and use personal information about You outside Your home jurisdiction, and that We may store personal information about You in the United States or elsewhere. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy. Please note that the level of legal protection provided in the United States or other non-European countries from which You may access Our Site may not be as stringent as the standards under the General Data Protection Regulation (GDPR) of the European Economic Area (EEA) or the privacy laws of some other countries, possibly including Your home jurisdiction.

YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If You are within the European Economic Area (EEA), You are entitled to certain information and have certain rights under the General Data Protection Regulation (GDPR). We aim to take reasonable steps to allow You to correct, amend, delete, or limit the use of Your personal data. We may ask You to verify Your identity before responding to any such requests. In certain circumstances, Your rights include:
  • The right to be informed of what information We have about You by contacting us.
  • The right to access, update, rectify or delete the information We have about You. When possible, You can take this action Yourself. For example, You can Unsubscribe yourself from Our emails and edit which of Our email lists You participate in via links at the bottom of Our emails. As another example, You can change Your own password for logging in to the Site. When You can not perform these actions Yourself, please contact Us to request help.
  • The right to object to and seek restrictions on Our processing of Your data.
  • The right to the portability of Your data. You have the right to be provided with a copy of the information We have about You in a structured, commonly used and machine-readable format.
  • The right to withdraw consent. For situations where We relied on Your consent for the processing of Your personal data, You have the right to withdraw that consent at any time.
  • The right to lodge a complaint about Our collection and use of Your personal data with a supervisory authority that has jurisdiction over issues related to the GDPR.
We require only the information that is reasonably required to enter into a contract with You. We will retain any information You choose to provide to us until the earlier of: You asking us to delete the information, Our changing to a different data provider, or Our deciding that the value in retaining the data is outweighed by the costs of retaining it. What Legal Basis Does JDCOT Have For Collecting & Processing Your Information? If You are in the European Economic Area (EEA), Our Site must have a legal basis for collecting and processing Your personal information. Our legal basis is as follows:
  • Your consent As stated above, for situations where We relied on Your consent for the processing of Your personal data, You have the right to withdraw that consent at any time. In some cases, such as Our email communications, You can withdraw consent Yourself via the links at the bottom of each email. When You are unable to withdraw consent Yourself, You can do so by contacting Us via the form on Our Contact page.
  • Contracts To complete a new contract or fulfill an existing contract, personal data processing is necessary. For example, when You purchase a product or service on Our Site, that transaction forms a contact between Us and You. We then need to fulfill that contract by providing You with access to the product or service and all that comes with it. The pre-contractual sales process may also require the processing of personal data when, for example, You request more information from Us and We then communicate with You.
  • Legitimate interest A legitimate interest for processing Your personal information exists when You submit the information with the reasonable expectation that it will be processed and there is no undue impact on You that would override Our interests. We have a legitimate interest in, amongst other things, sending You information that You request, providing responses to Your questions, direct marketing to You, market research, network security, fraud prevention, and providing You with access to the Site and its features.
For more information with respect to GDPR, please contact Your local data protection authority in the European Economic Area (EEA).

CHILDREN

Our Site as well as JDCOT products and services are created for people who are over the age of 13. By accepting this Privacy Policy and Our Terms of Use, You attest that You are over the age of 13. Because We do not knowingly collect information from users under 13, We also do not knowingly use or distribute this information to third parties or Our Contractors. If it comes to Our attention that You are under 13 years of age, We will delete Your profile and any of Your information that We collected.

CHANGES TO OUR PRIVACY POLICY

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to You. If we make material changes to how We treat Our users’ personal information, We will notify You by email to the email address We have on file and/or through a notice on the Site homepage. When We post modification to this Privacy Policy, We will revise the “Last Updated” date at the bottom of this page. Any change, update, or modification will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of the modified Privacy Policy constitutes Your continuing agreement to abide and be bound by the Policy, as modified. By agreeing to this Privacy Policy You warrant that You will access and review this page with sufficient frequency to stay informed of any changes. If You have previously provided Your email address to Us, it is Your responsibility for ensuring that We have a current, active and deliverable email address for You. This Privacy Policy is incorporated into and made part of the Terms of Use. Last Updated: 5/25/18

ANY QUESTIONS?

For any questions, or to request further information regarding this Privacy Policy or Our use and disclosure of the information We collect, please contact Us by using the form on Our Contact page or by emailing Us at info “at” JDCareersOutThere “dot” com.