Legal Terms of Use

Effective: August 15, 2023

These Website Terms of Use (“Terms”) apply to the use of certain websites (collectively, the “Sites,” and each a “Site”) which are owned and/or operated by or on behalf of DKG Media, LLC d/b/a CareerLearning d/b/a HRWebAdvisor d/b/a NonProfitWebAdvisor d/b/a EducationAdminWebAdvisor d/b/a BankersWeb (“CareerLearning” or “us”), or available through our affiliates, authorized third parties, or by any of the other means described herein. When we refer to “you” or “your” in these Terms, we mean the person accessing the Site. If you are accessing the Site on behalf of, or for the purposes of, another person, including a business or other organization, such as use of the Site as an employee or other representative of a business, “you” or “your” also means that other person, including a business organization such as your employer and, in that regard, by using the Site, You represent and warrant to CareerLearning that you are authorized to bind the other person, such as your employer, to these Terms, if your use of the Site is employment related or as a representative of a business or other organization. By using the Site, you are agreeing to comply with these terms and conditions of use (these “Terms”), as well as CareerLearning’s privacy policy (“Privacy Policy”).

These Terms are subject to change. Any changes will be incorporated into the Terms and posted to the Sites from time to time, and any access of any Site by you after such changes are so posted shall be deemed your agreement to such changes. If you do not agree with these Terms (as they may change from time to time), then your permission to access the Sites is terminated and you should no longer access any of the Sites. 

When placing an order, you will need to confirm your agreement to the Terms and any applicable additional terms of service in order to complete your order. If you do not so confirm your agreement when placing an order, your order will not be processed.

READ ALL OF THESE TERMS AND THE PRIVACY POLICY.  Please contact us at support@careerlearning.com with any questions.

Limited Right to Use.  The Site is owned and operated by CareerLearning. Unless otherwise specified, all Materials on the Site are the property of CareerLearning and are protected by the copyright laws of the United States and throughout the world. You may use or view the Materials from the Site solely for your personal, informational use within your organization. You shall not remove any copyright or other proprietary notices. You shall not copy or distribute any Materials published by CareerLearning on the Site or any portion of those Materials beyond your organization without the explicit prior written permission of CareerLearning. This means that you shall not copy, reproduce, modify, republish, upload, post, or send any Materials (or portions of Materials) or any materials associated with a webinar, certification, training, or product in any form or by any means. Only the authorized purchaser of the digital download option of a webinar product may use the digital download. An authorized purchaser is the entity or institution that purchased the Materials. The restrictions in this section do not, however, restrict you from linking to publicly available Materials (“Publicly Available Materials”), using any sharing methods CareerLearning provides on the Site for sharing Publicly Available Materials, or referencing or citing Publicly Available Materials, but does not permit you to link to Publicly Available Materials available in a part of the Site that requires a purchase or password to enter or is otherwise restricted. Materials available in a part of the Site that requires a password to enter or is otherwise restricted must be treated as confidential unless otherwise marked and may not be used or disclosed except as expressly permitted in a written agreement with CareerLearning.

Links and Frames. This Site may contain links to websites controlled or offered by third parties (non-affiliates of CareerLearning). CareerLearning hereby disclaims liability for any third party’s website content, products, privacy policies, or security. Any advice, opinions or recommendations provided by the linked site providers are those of such providers and not of CareerLearning. For the avoidance of doubt, this Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. CareerLearning cannot guarantee that the content contained in any of those sites is accurate, legal and/or inoffensive, or that such sites will not contain viruses or otherwise impact your computer or other access device. By using this Site to search for or link to another site, you agree and understand that you may not make any claim against CareerLearning for any damages or losses whatsoever resulting from your use of this Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from this Site, please notify us at support@careerlearning.com, and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.

Access.  In order to access certain portions of this Site, and to register for a course, you may be required to register by providing information in a form requested by CareerLearning (“Registration”). Any contact information you provide may be used by us for a variety of reasons, more fully described in our Privacy Policy and subject to the terms of our Privacy Policy. You will be provided with the opportunity to manage your email subscription preferences. If you do, all of this information will be persevered in accordance with our Privacy Policy. CareerLearning may accept or reject any Registration in its sole discretion. You represent that the information provided when registering is accurate, complete and current and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration. As part of the registration process, your email address will serve as your user name (“User Name”), and a password will be selected by you (“Password”). Your User Name and Password will be your credentials to access the restricted portions of the Site. 

Required Technology. Your access and use of the Site may require certain equipment, connectivity services, and other technology (such as computers or other similar devices, internet connectivity, reading programs, etc.).  It is your responsibility to obtain and maintain this required technology at your own expense.  CareerLearning does not imply or guarantee in any way that the Site will be compatible or otherwise accessible using any specific model, brand, or type of technology. The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as a user’s location, the content being streamed or downloaded and the speed of a user’s Internet connection. CareerLearning makes no representation or warranty regarding access to content available through the services, including the quality of streaming content and the download speed of downloadable content.

You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Name and Password. You will (i) promptly notify CareerLearning of any actual or suspected unauthorized use of this Site or your User Name or Password, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Password to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. If you cannot remember your Password, you will be prompted to reset your Password by following the instructions on the Site login page. By establishing a User Name with CareerLearning, and each time you access a product or service or submit an order through this Site, you authorize CareerLearning to contact you at your e-mail address or phone number. You may stop receiving CareerLearning marketing e-mails by following the opt-out procedures set forth in such e-mails or as set forth in our Privacy Policy. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, COURSE OR OTHERWISE ON THIS SITE, YOU DO SO AT YOUR OWN RISK.

User Contributions. Please be aware that by submitting any Submissions, including reviews, ratings, photos, videos, questions, comments, suggestions, ideas or the like, you grant CareerLearning and our affiliates, and the affiliated, co-branded and/or linked website partners through or for whom we provide services, a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. CareerLearning is not liable or responsible for any Submissions provided by its users or other third parties to this Site. The contributions of third parties do not necessarily represent the view or opinions of CareerLearning. CareerLearning cannot preview Submissions before they appear. You acknowledge that CareerLearningmay choose to provide attribution of your comments or reviews at our discretion, and that such Submissions may be shared with our supplier partners. You expressly waive your rights in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. 

You are fully responsible for your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any products or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions to this Site. You acknowledge that CareerLearning may exercise its rights (e.g., to use, publish, or delete) to any Submissions you submit without notice to you. You agree that you will indemnify CareerLearning against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ and experts’ fees and costs) arising out of a claim by a third party relating to any Submissions you have posted.

You must obtain our express prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling CareerLearning products or services of any kind without our express written permission. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

CareerLearning respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, CareerLearning has adopted a policy of terminating the accounts of, in appropriate circumstances and at CareerLearning’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. CareerLearning may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, or if you discover any infringing material on this Site, you agree to notify us promptly by following the instructions set forth in our Privacy Policy. If you are aware of an infringement of our brand, please let us know by e-mailing us the following email address:  support@careerlearning.com.

Orders. The acceptance and fulfillment by CareerLearning of any order placed on this Site is subject to your acceptance of and compliance with all of these Terms. By ordering products or services on this Site, you agree that you have ordered the products and/or services from CareerLearning pursuant to these Terms. All other contrary terms and conditions are hereby rejected by CareerLearning. CareerLearning shall not be deemed to have accepted your order unless and until CareerLearning sends to you, through electronic means or other written communication, an acknowledgment that your order has been received and accepted by CareerLearning, and will be fulfilled by CareerLearning. CareerLearning’s acceptance of any order by you is made only with the express understanding that these Terms and any applicable User Agreement shall govern any order placed by you. 

To purchase any products and/or services on this Site, you must (a) be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions). Purchases of products and services on this site may be limited. Unless another payment method is agreed to by CareerLearning, prior to the purchase of any products or services on this Site, you must provide a valid credit card number (or other payment method acceptable to CareerLearning, such as ACH) and related payment information. By submitting that information, you hereby authorize CareerLearning or its third parties upon which it relies to take and fulfill orders to charge your credit card or initiate the ACH for such purchases.

All prices for products and services on this Site are quoted in U.S. currency and are subject to change at any time without notice. Product and service availability is subject to change at any time. CareerLearning makes no representations or warranties regarding the availability of products and services in all areas. CareerLearning shall have the right to refuse or cancel any orders for products and/or services listed at an incorrect price, or containing any other incorrect information or typographical errors. CareerLearning shall have the right to refuse or cancel any such orders whether or not the order has been accepted by CareerLearning and/or your payment has been processed. 

You agree to pay all fees and charges, including taxes incurred in connection with your orders, at the rates in effect when the charges were incurred. Unless you notify CareerLearning of any discrepancies in charges for orders within sixty (60) days, you agree that such charges will be deemed accepted by you for all purposes hereunder. In the event CareerLearning does not receive payment from your credit card issuer or ACH financial institution, you shall pay all amounts due upon demand by CareerLearning. If CareerLearning is unable to collect amounts owed on your accounts, you agree that CareerLearning may refer those accounts to a collection agency. 

Interference and Malicious Code. By accessing the Site, you agree that you will not use the Site, upload, post, or otherwise transmit any Content, or take any other action  that (i) could in any way transmit any form of code or a program to the Site or any websites, servers, networks, systems, or equipment of CareerLearning or any third party, or (ii) would otherwise interfere with or disrupt the Site or any websites, servers, networks, systems, or equipment of CareerLearning or any third party.  You agree to abide by all policies, procedures, and other requirements established by any networks connected to the Site.  You agree not to employ any spiders, robots, or data mining programs or techniques in connection with your use of the Site.

Third-Party Content. CareerLearning receives some of the content on the Site from third parties, including other users. All statements, opinions, advice, criticisms, offers, or other information (“Third Party Statements” whether one or more) stated or expressed by any third party reflects solely the opinion, belief, offers or other information of the third party making such Third Party Statements, and do not represent or reflect the opinions, advice, criticisms, offers or other information of CareerLearning or any of its affiliates.  CareerLearning makes no endorsement, guarantee, or other statement, express or implied, about such Third Party Statements, including whether any such Third Party Statements are accurate, complete, timely, corroborated, or otherwise useful or appropriate for any use or circumstance. CareerLearning is able to move, remove or edit any Content posted, uploaded, or referenced by you without notice and may choose to, but is under no obligation, to moderate content.

Violation of These Terms. By accessing the Site or otherwise becoming subject to these Terms, you understand and agree that in CareerLearning’s sole discretion, and without prior notice, upon any violation of these Terms, as may be determined in the discretion of CareerLearning, your access to this Site may be terminated, any orders, products or services, whether or not ordered through this Site, may be suspended or cancelled, and CareerLearning may exercise any other remedy available under applicable law and/or these Terms.  Further, by accessing this Site, you agree to be fully liable, to the greatest extent allowed by applicable law, for any breach of these Terms, violation of the rights of CareerLearning, violation of the rights another user, or any breach of any applicable User Agreement. You further agree that monetary damages may not provide a sufficient remedy for any such violations and you consent to injunctive or other equitable relief with respect to any such violations. CareerLearning may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity, as determined in the discretion of CareerLearning. CareerLearning is not required to provide any refund to you if your rights and access to the Site are terminated pursuant to the provisions of these Terms.

Indemnification. By accessing the Site or otherwise becoming subject to these Terms, you agree to defend, indemnify, save and hold harmless CareerLearning and its affiliates and licensees and its and their respective owners, directors, managers, officers, employees, agents, successors, and assigns (each a “Protected Party” and collectively the “Protected Parties”) from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ and expert witnesses’ fees as incurred, arising out of your use of the Site, alleged violation of these Terms, and/or use of any products or services you may have obtained from or through CareerLearning. 

Disclaimers. THIS SITE AND ANY INFORMATION CONTAINED IN THIS SITE DO NOT CONSTITUTE LEGAL ADVICE, AND MUST NOT BE RELIED UPON AS SUCH. YOU USE THIS SITE AND THE PRODUCTS AND SERVICES OFFERED ON THIS SITE AT YOUR OWN RISK. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE, INCLUDING BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON THIS SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE AND/OR NON-INFRINGEMENT.

IN NO EVENT WILL CAREERLEARNING OR ANY PROTECTED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA  ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR SITE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BY ACCESSING THE SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CAREERLEARNING IS TO DISCONTINUE USE OF THE SITE, INCLUDING ANY HYPERLINKED SITES, AND TO DISCONTINUE USE OF PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH COULD VARY BY JURISDICTION.

Without limiting the above disclaimers, CareerLearning and the Protected Parties: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site. CareerLearning has no obligation to update any information or content on this Site. Accordingly, CareerLearning, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on this Site. Any use of the information or content provided on this Site is done at your own risk. Although information and Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by CareerLearning or its employees, affiliates, agents and representatives. You alone bear the responsibility of evaluating any information or Content available on the Sites. In exchange for using such information or content, you hereby agree to release CareerLearning from any claim and to not hold CareerLearning liable for any possible claim for damages arising from any decision you may make based on information or content available on the Sites.

The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of CareerLearning, and/or their respective suppliers. If, notwithstanding the limitations of liability above, CareerLearning or any Protected Party is found liable for any loss or damage which arises out of or is in any way connected with any products or services or operation of this Site, then the liability of CareerLearning will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to CareerLearning in connection with such transaction(s) on this Site, or (b) One-Thousand Dollars (US$1000.00) (or the equivalent in local currency).

Remedies for Breach. If CareerLearning has reason to believe that you have engaged in any of the prohibited activities or have otherwise breached your obligations under these Terms, or as otherwise allowed in these terms, CareerLearning may terminate, suspend or limit your access to or use of the Site; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide access to the Site to you in the future; and/or take legal action against you. In addition, CareerLearning, in its sole discretion, reserves the right to terminate your access to the Site for any reason and at any time.

Waiver of Jury Trial. All parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates or employers or any other intended beneficiary arising under or relating to these Terms and the use of the Site.

Waiver of Class Action Claims. All parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to these Terms or the Site as a class action.

No Waiver. CareerLearning shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of CareerLearning.  No delay or omission on the part of CareerLearning in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Site Modifications. CareerLearning may, in its discretion, change, limit or remove all or portions of the Site.  CareerLearning may also limit the availability of the Site temporarily or permanently.

Modifications to these Terms. CareerLearning may add to or otherwise modify these Terms (in whole or in part) at any time.  Such changes are at CareerLearning’s discretion, and such additions or modifications shall be effective immediately upon posting to the Site.  By using the Site after such additions or modifications are posted, you are agreeing to accept and comply with the Terms as modified.

General.  These Terms, as well as any other rules, procedures or protocols established by CareerLearning (including the Privacy Policy) will, to the extent inconsistent with the terms of previous agreements and arrangements between you or your organization and CareerLearning, whether written or oral, will supersede such agreements and arrangements with respect to the subject matter they address.  CareerLearning and each of the Protected Parties shall be considered to be beneficiaries of these Terms and shall each have the right to enforce the provisions of these Terms directly, jointly or on its own behalf.  No waiver of any term, right or obligation set out in these Terms, whether by CareerLearning or by any one or more of the Protected Parties, shall be valid unless in writing and signed by the waiving party or parties.  Any such written waiver of any such term, right or obligation shall not be deemed to be a waiver of any other term, right or obligation hereunder.  To the extent any provision of these Terms, including without limitation any disclaimers set forth herein, is deemed to be unenforceable as a matter of law, all remaining provisions of these Terms shall remain in effect as written.  Section headings are provided solely for convenience and shall not be given any legal import.

Contact and Inquiries.  If you have any questions regarding these Terms or use of the Site generally, please contact CareerLearning at support@careerlearning.com

Privacy Policy. These Terms include the terms and conditions set forth in  CareerLearning’s Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood and agree to be legally bound by these Terms as well as the terms of CareerLearning’s Privacy Policy.

 

Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us at: CareerLearning, 800-944-7668 
9901 Brodie Lane Ste 160 #285 Austin, TX 78748.
support@careerlearning.com

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:

1625 North Market Blvd.
Sacramento, CA 95834

(916) 445-1254 or (800) 952-5210