Terms and Conditions – Real Career Talk Services

Last revised: 05/04/15

These Terms of Use are effective immediately for non-Member visitors and Members registering accounts.

These Terms of Use (the “Terms”) govern your access to and use of “Real Career Talk Services”: the websites (including, without limitation, RealCareerTalk.com, ExploreMyOptions.org, and their extensions), the platform to search for information, the online group communities that facilitate professional learning and networking, associated site support and troubleshooting, any external applications used to access these tools, as well as the emails, messaging, and mobile applications.  Real Career Talk Services requires users to create individual profiles that include personal information (“Profiles”) of which aspects thereof will become public. In addition, Real Career Talk Services may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

By accessing and using Real Career Talk Services, You agree to comply with these Terms. If You are using Real Career Talk Services on behalf of a company or other legal entity, You agree to be bound by these Terms even if we have separate agreement with You. If You do not accept the Terms stated here, do not use Real Career Talk Services. (The Terms “we”, “our”, and “us” refer to Real Career Talk Services: the doing-business-as (DBA) name for Explore My Options, a New Jersey Limited Liability Corporation.)

Real Career Talk Services may revise these Terms at any time by posting an updated version to our webpage. You should visit this page periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the Real Career Talk Services suspended or terminated, at Real Career Talk Services’ discretion.

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to You in the event of a dispute.

  1. Requirements for Eligibility to Use Real Career Talk Services
    1. To access or use Real Career Talk Services, You must be 18 years of age or older and have the power and authority to enter into these Terms. Real Career Talk Services is for your personal, non-commercial use. If You wish to make commercial use of Real Career Talk Services, You must enter into an agreement with us to do so. You will only have one account, and You are required to provide your real, full name, in association with your account. You may not use Real Career Talk Services if we have terminated your account or banned You.
  1. Your Real Career Talk Services Account
    1. Real Career Talk Services Account: In order to become a member of Real Career Talk Services (a “Member”), we require You to follow the local laws and register an account by providing your real full name, as well as set up a user name and password. Other registration requirements (such as the requirement to provide information about current employers, personal satisfaction, salary range, etc.) also apply. You are entirely responsible for maintaining the confidentiality of your account, profile, and password, as applicable. You agree not to use the account or password of another Member at any time. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Real Career Talk Services registrations and passwords, whether or not authorized by You. You agree to notify us immediately if You suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Real Career Talk Services at any time.
    2. Social Sign In: If You access Real Career Talk Services through a social networking site, such as Facebook or Google+ (“Social Networking Site”), You agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials accessible through Real Career Talk Services that You have provided to and stored in your Social Networking Site account so that it is available on and through Real Career Talk Services via your account and your profile page. Subject to the privacy settings that You have set with the Social Networking Site account You use to access Real Career Talk Services, personally identifiable information that You post to that Social Networking Site may be displayed on Real Career Talk Services. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that You have set with that Social Networking Site account.
  1. Your Use of Real Career Talk Services
    1. Rules of Conduct: You will use Real Career Talk Services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) You may have towards third parties.
      You will not:

      1. Use any information obtained from Real Career Talk Services in order to a) harass, abuse, or harm another person, or b) in order to contact, advertise to, solicit, or sell to any visitor without their prior explicit consent, or c) to determine a consumer’s eligibility for credit or insurance for personal, family, or household purposes, employment, or government licenses or benefits;
      2. Transmit, post, distribute, store or destroy material, including without limitation Real Career Talk Services content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, as well as this agreement;
      3. Introduce software or automated agents to Real Career Talk Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from Real Career Talk Services;
      4. Attempt to interfere with, disrupt, or create an undue burden on Real Career Talk Services users, hosts, networks, or services connected to Real Career Talk Services, including, without limitation, any means of submitting a virus to any Real Career Talk Services Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
      5. Violate or attempt to violate the security of any Real Career Talk Services including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      6. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Real Career Talk Services, including without limitation data mining, robots or similar data gathering or extraction methods;
      7. Use any device to navigate or search Real Career Talk Services other than the tools available on the sites, generally available third party web browsers, or other tools approved by Real Career Talk Services;
      8. Use or adapt any code that Real Career Talk Services creates to generate or display any content or the pages making up any Real Career Talk Services, as protected by Real Career Talk Services’ copyright.
      9. Sell or modify the Real Career Talk Services content or reproduce, display, publicly perform, distribute, or otherwise use the Real Career Talk Services content in any way for any public or commercial purpose, in connection with products or services that are not those of the Real Career Talk Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Real Career Talk Services or its licensors, that dilutes the strength of Real Career Talk Services’ or its licensor’s property, or that otherwise infringes Real Career Talk Services’ or its licensor’s intellectual property rights;
      10. Use the trademarks, logos and service marks (“Marks”) displayed on Real Career Talk Services that are our property or the property of other third parties, without our prior written consent or the consent of the third party that owns the Mark;
      11. Use or share Real Career Talk Services content on any other application, web site or in a networked computer environment for anything other than personal, non-commercial use, without permission from Real Career Talk Services;
      12. Aggregate, copy or duplicate in any manner any of the Real Career Talk Services Content or information available from any Real Career Talk Services Site;
      13. Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
      14. Post a Profile on behalf of another party or submit to any Real Career Talk Services Site any incomplete, false or inaccurate biographical information or information which is not Your own;
      15. Post content that contains restricted or password-only access pages, or hidden pages or images;
      16. Delete or alter any material posted by any other person or entity;
      17. Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User;
      18. Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
      19. Use the Real Career Talk Services Services for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Real Career Talk Services’s discretion.
      20. Violations of system or network security may result in civil and/or criminal liability. Real Career Talk Services will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
    2. Links to Third-Party Websites: Real Career Talk Services may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other Members. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When You leave Real Career Talk Services, our Terms and policies can no longer protect You.
    3. Third-Party Content on Real Career Talk Services:
      1. Content from other Members, visitors, advertisers, and other third parties is made available to You through Real Career Talk Services. (“Content”) means any work of authorship or information, including salaries, company reviews, role reviews, employer profile information, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials You find on Real Career Talk Services. Because we do not control such Content, You understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided anonymously by other Members; (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other visitors, members, employers, advertisers, and third parties.
      2. In accordance with Section 230 of the U.S. Communications Decency Act, we generally cannot be held liable for claims arising from the Content provided by third parties on Real Career Talk Services.

Real Career Talk Services authorizes You, subject to these Terms, to access and use the Real Career Talk Services and to save and print a single copy of the content available on or from the Real Career Talk Services, solely for Your personal, non-commercial use.

  1. Sharing Your Content on Real Career Talk Services
    1. Your Responsibility for Your Content: You are solely responsible for any and all Content that is posted through your account on Real Career Talk Services (“Your Content“), as well as the representations You make to us about Your Content.
    2. Representations Regarding Your Content: You represent and warrant that:
      1. You own Your Content or otherwise have the right to grant the license set forth in these Terms;
      2. Your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person;
      3. By providing or posting Your Content, You do not violate any binding confidentiality, non-disclosure, or contractual obligations You might have towards a third party, including your current or former employer or any potential employer;
      4. Any information You provide in a salary, company review, role review, and/or employer profile is correct;
      5. Any information You provide about your current, past or potential status as an employee of a certain employer is correct and complete.
      6. Any content You upload is accurate and submitted on your own behalf. Please do not provide any information that You are not allowed to share with others, including by binding contractual obligation or by law, because any information You provide will be accessible by every visitor of Real Career Talk Services.
    3. Prohibited Content: You agree that You will not post any Content that:
      1. Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; bullies, harasses or advocates stalking, bullying, or harassment of another person;
      2. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, or “spamming”;
      3. Is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      4. Promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
      5. Is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
      6. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
      7. Contains identification information such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, bank account numbers, or any other similar number, code, or identifier;
      8. Solicits passwords or personally identifying information for commercial or unlawful purposes from other visitors;
      9. Except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
      10. Contains viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
      11. Posts or distributes information which would violate any binding confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
      12. Implies a Real Career Talk Services endorsement or partnership of any kind; or
      13. Otherwise violates these Terms, the Terms of your agreements with us, or creates liability for us.
    4. Special Provisions Applicable to Employers: You may not offer incentives in exchange for company or role reviews. We will remove content where we have evidence that employees were compensated to leave reviews.
    5. Special Provisions Applicable to Advertisers: This provision applies to all advertisers, including Employers who purchase job or display ads. Unless we agree otherwise, You may not use data collected or derived from ads (“Ad Data“) for any purpose (including retargeting, building or augmenting visitor profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and You may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of You and your campaigns. You may use information provided directly to You from visitors if You provide clear notice to and obtain consent from those visitors and comply with all applicable laws and industry guidelines.
  1. Enforcement by Real Career Talk Services
    1. Removal of Content. While Real Career Talk Services has no obligation to do so, Real Career Talk Services reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms, local law, or other applicable policies posted on Real Career Talk Services, or that we deem, in our sole discretion, inappropriate. If You see any Content on Real Career Talk Services that You believe violates our policies, You may report that Content by clicking on report content link adjacent to that Content or by contacting [email protected], using subject heading “Inappropriate Content”. Once we receive the notification, we will review the Content and consider whether to remove or modify it.
      1. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that You find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with You.
    2. Copyright Policy. Real Career Talk Services has adopted the following policy toward copyright infringement on Real Career Talk Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that your work has been copied in violation of DMCA and used on Real Career Talk Services in a way that constitutes copyright infringement, please contact [email protected], using subject heading “Copyright Content Violation”, with the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. An identification of the copyrighted work that You claim has been infringed;
      3. A description and link of where the material that You claim is infringing is located on Real Career Talk Services;
      4. Your address, telephone number, and e-mail address;
      5. A written 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; and
      6. A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
      7. If You feel that content has been taken down inappropriately, please contact our legal mailbox ([email protected]), using subject heading “Copyright Content Violation – Inaccurate”, who will provide information on the requirements and procedure for filing a counter-notification with us.
    3. Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against You if You violate these Terms, including without limitation: removing Content from Real Career Talk Services (or modifying it); suspending your rights to use Real Career Talk Services; terminating your membership and account; reporting You to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against You.
    4. Defending Our Members. While we have no obligation to do so, we reserve the right to take appropriate action to protect the anonymity of our Members against the enforcement of subpoenas or other information requests that seek a Member’s electronic address or identifying information.
  1. Rights to Your Content through Licensure
    1. Agreement: We do not claim ownership in any Content that You submit to Real Career Talk Services, but to be able to legally provide Real Career Talk Services to our users and visitors, we have to have certain rights to use such Content in connection with Real Career Talk Services, as set forth below. By submitting any Content to Real Career Talk Services, You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that You post through Real Career Talk Services. You should only submit Content to Real Career Talk Services that You are comfortable sharing with others.
    2. Rights to Real Career Talk Services Content
      1. Real Career Talk Services contains content provided by us and our licensors. We and our licensors (including other visitors) own and retain all proprietary (and intellectual property) rights in the content we each provide, and Real Career Talk Services owns and retains all property rights in Real Career Talk Services.
      2. The compilation (including the collection, arrangement and assembly) of all content on Real Career Talk Services is the exclusive property of Real Career Talk Services and is protected by copyright, trademark, and other laws. Unauthorized use of Real Career Talk Services content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Real Career Talk Services content on any authorized copy You make of the Real Career Talk Services Content.
      3. The contents of the Real Career Talk Services, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Real Career Talk Services content are protected under copyright, trademark and other laws.
      4. Any code that Real Career Talk Services creates to generate or display any Real Career Talk Services content or the pages making up any Real Career Talk Services Site is also protected by Real Career Talk Services’ copyright, and You may not copy or adapt such code.
      5. If You are a Visitor: Many sections of this site require you to become a Member, before you are allowed access to certain information. As a visitor, you agree to comply with the Terms outlined here. If you do not agree, you should not visit the site.
        1. We permit you to download, view, copy and print Content from Real Career Talk Services solely for your personal, non-commercial use in connection with using Real Career Talk Services, under the condition that you comply with these Terms, and that you will not: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on Real Career Talk Services or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Real Career Talk Services.
  1. Indemnity
    1. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising from your use of Real Career Talk Services and due to or arising from your breach of any provision of these Terms.
    2. You hereby release us, our officers, employees, agents and successors from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with visitors or Members of Real Career Talk Services, or (2) your participation in any of our online or offline events.
  1. Disclaimers and Limitation on Liability
    1. The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights You have which may not be lawfully limited.
    2. You are solely responsible for your interactions with advertisers, Members, and other visitors and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser, Member, or visitor of Real Career Talk Services. We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on Real Career Talk Services, whether caused by Members, visitors, or by any of the equipment or programming associated with or utilized in Real Career Talk Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other visitors. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Real Career Talk Services or combination thereof, including any injury or damage to visitors or to any person’s computer related to or resulting from participation or downloading materials in connection with Real Career Talk Services. Under no circumstances shall we be responsible for any loss or damage resulting from use of Real Career Talk Services or from any Content posted on Real Career Talk Services or transmitted to visitors, or any interactions between visitors of Real Career Talk Services, whether online or offline.
    3. Real Career Talk Services is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Real Career Talk Services will meet your requirements; (2) Real Career Talk Services will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Real Career Talk Services will be accurate or reliable.
    4. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR OR ANOTHER MEMBER’S USE OF REAL CAREER TALK SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF REAL CAREER TALK SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
  1. Termination
    1. These Terms remain in effect while You use Real Career Talk Services and, for Members, as long as your account remains open. You may delete your account at any time. We reserve the right to suspend or terminate your account or your access to parts of Real Career Talk Services, without notice to You, if we feel You have posted inappropriate content or if we believe that You have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting You access to or use of Real Career Talk Services. We will have no liability whatsoever to You for any termination of your account or related deletion of your information.
    2. Should you delete your account and violations of these Terms are discovered afterward, you are still responsible for any term violations from when you were an active member.
  1. Changes to Terms
    1. We may revise these Terms from time by posting an updated version on Real Career Talk Services and You agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of Real Career Talk Services is subject to the most current effective version of these Terms.
  1. Dispute Resolution
    1. Governing Law. This Agreement and any and all claims or disputes by or between You or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement, the Privacy Agreement, or your access to or use of Real Career Talk Services, shall be governed by the laws of the State of New Jersey without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim or dispute not subject to the Arbitration provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Morris County, New Jersey or the federal court of New Jersey, as appropriate, and You agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
    2. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND REAL CAREER TALK SERVICES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND REAL CAREER TALK SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
    3. Arbitration. Except for a claim that we may have against You, any and all disputes between You and Real Career Talk Services arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of Real Career Talk Services.
      1. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA“), with the following modifications. For any claim where the total amount of the award sought is $10,000 or less, the AAA, You and Real Career Talk Services must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New Jersey. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
      2. In the event this agreement to arbitrate is held unenforceable by a court, then the claims or disputes that would otherwise have been arbitrated shall be exclusively brought in the state courts located in Morris County, New Jersey or the federal court of New Jersey, as appropriate, and You agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
      3. Claims of infringement or misappropriation of Real Career Talk Services’ patent, copyright, trademark, or trade secret shall be brought and litigated exclusively in the state courts located in Morris County, New Jersey or the federal court of New Jersey, as appropriate, and You agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims.
  1. Other Terms
    1. Except as specifically stated in another agreement we have with You, these Terms constitute the entire agreement between You and us regarding the use of Real Career Talk Services and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms.
    2. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce You to enter into this agreement.
    3. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
    4. The section titles in the Terms are for convenience only and have no legal or contractual effect, and as used in the Terms, the word “including” means “including but not limited to.”
    5. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by You except with Real Career Talk Services’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by You shall violate these Terms and be void.

Please contact us with any questions regarding these Terms at [email protected].

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