Coach Terms and Conditions

Last updated: April 26, 2024

We grant you a limited, revocable, non-exclusive, non-transferable right to review, interact with, and use our Services for your personal and educational purposes so long as they do not violate any aspect of these Terms or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion. 

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

 If you create an account or are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms, in which case “you”, “your”, and “User” refers to you and that Organization. The foregoing does not apply if the Organization already has a direct, executed agreement with CareerVillage.

Our Services may contain typographical errors, inaccuracies, or omissions that may relate to CareerVillage offerings, packages, programs, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel offerings or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have registered with our Services or submitted your payment). 

We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

You must be thirteen (13) years of age or older to use the Services. By using the Services or purchasing services, you affirm that you are thirteen (13) years of age or older.  As a condition to using our Services, you may be required to register, select a password, and complete a profile. You shall provide CareerVillage with accurate, complete, and updated registration information when you create your account to use our Services. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a name a name of another person with the intent to impersonate that person; or (b) use as a name a name subject to any rights of a person other than you without appropriate authorization. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. CareerVillage reserves the right to refuse registration of or cancel a user’s registration at its discretion.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions in the Services arising from your acts or omissions. We encourage you to use "strong" passwords (that use a combination of upper- and lower-case letters, numbers and symbols) with your account. CareerVillage will not be liable for any loss or damage arising from your failure to comply with this instruction.

Either party may terminate the Services at any time by notifying the other party by any means. Upon termination of your account, your right to access and use the Services will immediately cease. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to CareerVillage, including without limitation any indemnification obligations contained herein.

You may provide inputs to the Services (“Input”) and may receive outputs from the Services based on your Input (“Output”). Together, Input and Output constitute “Content.” 

Due to the nature of our Services, Outputs may not be unique across Users. Our Services may generate the same or similar output for other Users. Other Users may also ask similar questions and receive the same, similar, or different responses.

Unless your Organization has a direct agreement with CareerVillage that says otherwise, CareerVillage retains all right, title, and interest in and to the Content, including all related intellectual property rights. 

You represent and warrant that you have all rights, licenses, and permissions to the Input that you provide to the Services.

You also represent, warrant and agree that you will not contribute any Input that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless that trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) represents the view of any club, institution, corporation, or other organization, whether you are affiliated with that organization or not, (f) creates an impression that you know is incorrect, misleading, or deceptive, including impersonating others or otherwise misrepresenting your affiliation with a person or entity, (g) contains other peoples’ private or personally identifiable information without their express authorization and permission, (h) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (i) remains posted after you have been notified that such Input violates any of sections (a) to (g) of this sentence.

CareerVillage reserves the right to remove any Content from the Services, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to CareerVillage under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if CareerVillage is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

Our Services may contain links to third-party web sites or services that are not owned, supervised, or controlled by CareerVillage. CareerVillage has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that CareerVillage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. CareerVillage disclaims: (a) all responsibility and liability for content on third-party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information).  We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

All right, title, and interest in and to the Services are and will remain proprietary to CareerVillage and/or third parties. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Except as expressly provided herein, nothing in the Terms gives you a right to use the CareerVillage name or any of the Services trademarks, logos, domain names, and other distinctive brand features.

You must not do any of the following while accessing or using the Services:

(i) use the Services for any unlawful purposes or for promotion of illegal activities;

(ii) upload or post any Content (as defined above) in violation of the provisions contained in this Agreement;

(iii) use the Services for the purpose of spamming anyone;

(iv) access or tamper with non-public areas of the Services, CareerVillage’s computer systems, or the technical delivery systems of CareerVillage’s providers;

(v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(vi) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by CareerVillage (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CareerVillage;

(vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or

(viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;

(ix) violate the security of any computer network, identify passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited; or

(x) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User.

You are responsible for all of your activity in connection with the Services and for ensuring such activity does not violate these Terms or any applicable law. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services in violation of this Agreement may be grounds for termination of your right to Services.

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to or application of its conflict of law provisions. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

At the sole discretion of CareerVillage, we may require you to submit any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms, and/or the Privacy Policy to be resolved by confidential binding arbitration in Massachusetts, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to CareerVillage should be sent to: CareerVillage, Inc., 1475 Columbia Ct., Palo Alto, CA, 94304. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and CareerVillage are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or CareerVillage may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (“AAA”)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the Commonwealth of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER:  YOU AND CAREERVILLAGE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  

EXEMPT CLAIMS: You and CareerVillage agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions: 

1. You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision. 

2. You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy. 

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at help@aicareercoach.org, or (b) by mail to CareerVillage, Inc., 1475 Columbia Ct, Palo Alto, CA, 94304.  Include your name, address, account number, and date in the correspondence.  This is the only way you can opt-out.

(B) Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

11. Changes

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Services may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

CAREERVILLAGE HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, CAREERVILLAGE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. CAREERVILLAGE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT CAREERVILLAGE HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CAREERVILLAGE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE DO NOT WARRANT THAT THE OUTPUT OUR SERVICES GENERATES WILL BE ACCURATE, MEET YOUR REQUIREMENTS, OR BE FREE OF ERRORS, AND YOU MUST EVALUATE THE OUTPUT FOR ACCURACY AND APPROPRIATENESS FOR YOUR USE CASE, INCLUDING USING HUMAN REVIEW AS APPROPRIATE, BEFORE USING OR SHARING OUTPUT. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

To the maximum extent permitted by applicable law, you will indemnify and hold CareerVillage and its directors, officers, employees, affiliates, agents, consultants, contractors, partners, vendors, service providers, and licensors harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of your access to and use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

In no event shall CareerVillage, its directors, officers, employees, affiliates, members, agents, consultants, contractors, partners, vendors, service providers, and licensors be liable with respect to the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Content or other intangibles; (c) damages for unauthorized use, non-performance of the Services, errors or omissions; or (d) damages related to downloading or posting Content. CareerVillage’s collective liability under this agreement shall be limited to one hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

13. Link to the privacy policy

Please review our Privacy Policy, which governs the use of personal information on the Services.

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind CareerVillage in any respect whatsoever.

CareerVillage shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CareerVillage’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

The failure of CareerVillage to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

CareerVillage may transfer, assign or delegate the Terms and its rights and obligations without consent.

Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

15. Contact

If you have any questions about our Terms, please let us know by emailing us at help@aicareercoach.org or by mail at:

CareerVillage, Inc.
1475 Columbia Ct.
Palo Alto, CA 94304

We hope you enjoy using Coach!