TERMS OF USE

Effective Date: April 12, 2016

Welcome to Après, LLC’s (“Company”) web site (the “Site”). These Terms of Use apply to all users of the Site.  By using the Site, you agree to be bound by the following Terms of Use and agree that you are responsible for compliance with any applicable laws and regulations. If you do not agree to these Terms of Use, do not access or use this Site. The Site is intended for individuals, 18 years of age and older, seeking employment and for employers or recruiters seeking candidates for employment.

Table of Contents for Terms of Use

  • Privacy Policy
  • Consent to Other Agreements
  • Limited License
  • Submissions
  • Feedback
  • Conduct and Responsibility
  • User Registration
  • Equal Employment Opportunity  
  • Payment Terms
  • Trademarks, Trade Names, and Service Marks
  • Linked Internet Sites
  • Right of Modification and Termination
  • Content
  • Disclaimer
  • Limitation of Liability
  • Jurisdiction and Venue
  • Indemnity
  • These Terms of Use May Change
  • Entire Agreement
  • Contact

Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site. It also describes how we use the personally identifiable information you provide and some of the steps we take to protect your privacy.  Please remember to never provide your social security number, credit card information or bank account numbers to prospective employers or other third parties through the Site. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Privacy Policy. Please review our Privacy Policy.

Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. Otherwise, you may be asked to execute a separate written agreement with the Company.  If any of the terms of the click-through agreement and/or the written agreement are different than the terms of these Terms of Use, the terms of the click-through agreement or the written agreement will supplement and amend these Terms of Use, but only with respect to the matters expressly governed by such agreements.  

Limited License

You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with our prior written approval.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about and evaluating our services. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

Submissions

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information (excluding Personal Information (as defined in our Privacy Policy)), you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize the content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, message board, blog or in any other manner. You own the copyright in any original content you post and are solely responsible for such content.  Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. We may from time to time monitor, review and, in our sole discretion, modify or delete any postings you make on the Site however, we are not obligated to do so. Whether or not we modify or remove such material, you remain solely responsible for any material you submit to us.

The Company does not knowingly violate or permit others to violate the copyrights of others.  We will promptly remove or disable access to materials that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

Feedback

Although we do not claim ownership of user-generated content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us. The term “Feedback” refers to the content you post on or through this Site that is specifically about how we can improve this Site or the products and services we make available through this Site.

Conduct and Responsibility

By using this Site, you agree that you will not:

  • promote any illegal activity or transmit through the Site any unlawful, harassing, abusive, threatening, harmful, obscene, defamatory, libelous, tortuous, or otherwise objectionable content;
  • use the Site to defame our service or any of our officers, directors, employees, agents, information providers, partners, Registered Employers (as defined in our Privacy Policy), Registered Coaches (as defined in our Privacy Policy) or advertisers;
  • post a photograph without the permission of each person in the photograph;
  • post any content about an identifiable person without that person’s permission;
  • transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • collect information about others without their consent;
  • reveal personally identifiable information about children;
  • interfere with or disrupt the Site, services, computer systems, servers or networks, or violate the regulations or policies of such networks;
  • transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
  • attempt to gain unauthorized access to our Site or services, others’ accounts or computer systems or networks connected to the Site, through password mining or otherwise;
  • engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;
  • provide false information on your registration form, impersonate any person, or otherwise attempt to mislead others about your identity or the origin of a message or other communication;
  • sell access to or use of any services available on the Site;
  • [ADD PROVISION ABOUT COACHES] or
  • interfere with anyone’s use or enjoyment of the Site.

By using the Site, Registered Employers agree that they will not:

  • post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements;
  • post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
  • post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
  • post jobs or other advertisements for competitors of the Company or post jobs or other content that contains links to any site competitive with the Site;
  • sell, promote or advertise products or services;
  • post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
  • post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members;
  • post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
  • promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
  • post jobs for modeling, acting, talent or entertainment agencies or talent scouting positions;
  • advertise sexual services or seek employees for jobs of a sexual nature;
  • request the use of human body parts or the donation of human parts;
  • endorse a particular political party, political agenda, political position or issue;
  • post jobs located in countries subject to economic sanctions of the United States Government; and
  • except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her: (i) racial or ethnic origin; (ii) political beliefs; (iii) philosophical or religious beliefs; (iv) membership of a trade union; (v) physical or mental health; (vi) sexual life; (vii) the commission of criminal offences or proceedings; or (vii) age.

User Registration

To obtain full access to the Site, you may be required to complete a registration/profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited. To the extent you provide Personal Information (as defined in our Privacy Policy) to us through the Site, it will be true, accurate, current, and complete and you will update all Personal Information as necessary.

Career Coaches

These terms apply specifically to hiring a Career Coach / Industry Expert (“Coach”) through the Site.

The Coaches, and not the Company, are solely responsible for honoring any confirmed Coaching Sessions and completing any Coaching Sessions reserved through the Company. If either the Company or a selected Coach cancels a booked Coaching Session, any amounts collected by the Company or the corresponding Coaching Session will be refunded to you, as applicable. If you cancel a booked Coaching Session, no amounts collected by the Company for the corresponding Coaching Session will be refunded to you.  If you choose to enter into any agreement with a Coach outside the Company’s Site, the Company will not be a party to such agreement and disclaims all liability arising from or related to the same.

To establish a Coaching Session, the Company will collect the total price of the Coaching Session in accordance with the pricing terms on the Site. Please note that the Company cannot control any fees that may be charged to you by your bank related to the Company’s collection of payment, and the Company disclaims all liability in this regard.

In connection with your requested Coaching Session, you will be asked to provide customary billing information such as name, billing address and credit card information either to the Company or its third party payment processor. You agree to pay the Company  for any Coaching Sessions made in connection with your Account in accordance with these Terms by one of the methods described on the Site. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Coaching Session, either directly by the Company or indirectly, via a third party payment processor or by one of the payment methods described on the Platform. If you are directed to the Company’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your Coaching Session is purchased you will receive a confirmation email summarizing your Coaching Session.

You further acknowledge that regardless of any advice received by Coach, any action you take with respect to your current or prospective job is wholly your decision and Coach cannot be held responsible in any way.  You also acknowledge and agree that any advice provided by Coach is not a substitute for counseling, mental health care, legal, business or financial advice.  You acknowledge that you are fully responsible for your choices, decisions, and actions arising from work with a Coach. If appropriate, you agree to seek the advice of other professionals (therapists, financial advisors, lawyers, etc.) as needed.

In addition, you must provide no less than 24 hours’ notice to cancel an appointment.  In the event that you do not provide such notice, Coach will not be responsible for rescheduling immediately.  Coach agrees to use all reasonable efforts to reschedule in a reasonable time.

Last, you agree to use all reasonable efforts at the scheduled Coach Session time to be in a quiet, comfortable place where you will not be disturbed and can concentrate during your session.

Equal Employment Opportunity

Company provides equal employment opportunities (EEO) to all users without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, Company complies with applicable state and local laws governing nondiscrimination.

Payment Terms   

The services offered on the Site are presented with the greatest precision so that you are aware before the final order of the essential characteristics of the items which you wish to purchase. If, in spite of all the care taken by the Company, there are inaccuracies in the presentation on the Site; the Company shall in no event incur any liability therefor. Company does not warrant that item descriptions or other content of the web site is accurate, complete, reliable, current, or error-free. If a service offered on the Site is not as described, you should contact the Company to attempt to resolve any issues.

Prices are firm and final and are expressed in US dollars. All taxes are included in the summary of the order. Company reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the Site, but items ordered are invoiced at the price in effect on the day of the order. Despite our best efforts, a small number of the services on the Site may be mispriced. If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We encourage you to print and maintain a copy of your purchase order for your records.

Payment, expressed in US Dollars, shall be made exclusively online through the Site via MasterCard, Visa, or American Express.  

A guided search allows you to find a selection of items from the various membership levels to the Company’s collection of programs, courses, services and products available on the Site and then you make your choice from this selection in order to place your order. Your order is carried out in three steps [Need to outline the actual process on the Site]:

  1. The first step consists of approval by you of the membership level, programs, courses, services or products chosen for your order.  Company guarantees that the items proposed at the time of the order are actually available.
  1. The second step consists of your entry of the necessary pieces of identification and other information required for the execution of the order, namely, you must have created an Account through the Site which includes your contact information and you must include your payment information.
  1. The third step consists of the final approval of the order.  You are presented with a summary of the order, which is a valid and binding purchase order, including all items selected, payment information and billing addresses, the total amount of the said items and taxes. At this point, you will verify the summary of the order and make, if desired, any modifications to it. After such modifications, you will be presented with a new summary of the order so modified. Any order whether modified or not must receive final approval on the part of the customer, based on the summary described. This action is effected by clicking on the “ORDER” button. This click constitutes an electronic signature that has, between the parties, the same validity as a handwritten name. Company commits to preparing the order in the shortest possible time.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or service marks owned or used under license by the Company. The use or misuse of any of these marks or other information is strictly prohibited.

Linked Internet Sites

The Site may provide links and pointers to Internet sites maintained by others (“Third Party Sites”). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third Party Sites. These Terms of Use apply only to the Site, and not to the Third Party Sites. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any Third Party Site. Permission must be granted by us for any type of link to the Site.

Right of Modification and Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of this agreement, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.

Content  

Nothing on the Site shall be considered an endorsement, representation or warranty by Company with respect to any user, member, Registered Employer, Registered Coach or any third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise. Further, Company is not to be considered an employer with respect to your use of the Site and we shall not be responsible for any employment decisions, for whatever reason, made by any Registered Employer posting jobs on the Site. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability.  We shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies.  We reserve the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the properties and programs described on the Site, at any time without notice, including after confirmation of a transaction.

All job postings are created by people over whom the Company exercises no control. You acknowledge and understand that although Company reserves the right to reject any particular job listing for failure to meet our quality standards, we are not obligated to do so. Company does not control the content of the job postings or other information posted herein, as that is the sole responsibility of the person posting the job listing or content. Job search results are indexed in an automated manner and we do not have any obligation to display jobs in any particular order. Further, Company may exclude any job listing for any reason, in its sole discretion.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site.  You acknowledge that you may not rely on any content on the Site.  We do not endorse or represent the reliability, accuracy or quality of any information or services provided by third parties which is displayed or advertised on the Site.

Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED COMPANY SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE COMPANY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Jurisdiction and Venue

This Site is controlled and operated from within the United States of America. We make no representation that the material on the Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. The Terms of Use shall be governed by the laws of the State of New York without giving effect to any choice or conflict of law or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of New York. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against us arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective managers, officers, members, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above.  We reserve the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site.  Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Entire Agreement  

These Terms of Use (together with our Privacy Policy and any click-through agreements or written agreements applicable to you) contain the entire understanding and agreement between you and the Company with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Company with respect to this Site and your use of this Site.

Contact

Any questions may be directed to us: by e-mail at [email protected] or write to us at: Après, LLC, Attention: Jennifer Gefsky, 845 Third Avenue, New York, New York 10022.