Terms Of Use

Terms of Use  December 21, 2012

ACCEPTANCE OF TERMS OF USE FOR WWW.COVER-LETTERS.COM
You must read the Terms of Use carefully before accessing or using www.cover-letters.com/.If you do not agree to all of the terms and conditions contained in the Terms of Use, you may not access or use www.cover-letters.com

By accessing or using this Site in any way, including browsing the site, using any Products or Services, or downloading Materials, you agree to and are bound by the terms and conditions set forth in this document and in any changes to them that CareerLab® may publish at any time and without prior notice (collectively, the "Terms of Use").

Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates.

DEFINITIONS
"Materials" means all communications, content, data, documents, downloads, files, graphics, images, information, photographs, podcasts, products, programs, programming code, publications, resources, software, text, tools, videos, and webcasts made available or enabled via the Site by CareerLab® or users of this Site.

"Services" means all services and resources offered or enabled via the Site by CareerLab® and users of this Site, including communications services (such as bulletin boards, calendars, chat areas, communities, comments, e-mail, forums, newsgroups, personal webpages, photo albums, and other message or communication services and resources), download areas, developer tools, product and other information services.

All Materials provided by CareerLab® are referred to collectively as "CareerLab® Materials". All user-supplied Materials are referred to collectively as "User Materials."

INTELLECTUAL PROPERTY
The Materials and Services, as well as their arrangement, are protected by United States and international copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate established laws and the Terms of Use. Except as expressly provided herein, CareerLab® and its advertisers or partners do not grant any express or implied rights to use the Materials and Services.

You may download the Materials for personal use only, provided that you maintain all copyright and other notices contained on them. You agree not to adapt, assign, copy, create derivative works from, display, distribute, download, frame, lease, license, loan, modify, participate in the transfer or sale of, perform, rent, republish, sell, sublicense, transmit, or reverse engineer any portions of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of CareerLab® or other parties. You are not permitted to use the Marks without the prior written consent of CareerLab® or any other parties that own the Marks. The CareerLab® name and logo is a federally-registered trademark of William S. Frank. (U.S. Trademark Reg. No. 1,522,059)

The design, layout, and look and feel of this Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted in writing by CareerLab.®

USE OF CAREERLAB® MATERIALS AND USER CONTENT
You may view, download, and print the CareerLab® Materials and User Content available on this Site subject to the following conditions:

  • The CareerLab® Materials and User Content may be accessed and used solely for personal, informational, non-business, and non-commercial purposes.
  • Notwithstanding the foregoing, the CareerLab® Materials and User Content may be briefly quoted in critical articles or reviews.
  • The CareerLab® Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
  • You may not remove any copyright or other proprietary notices contained in the CareerLab® Materials and User Content.
  • You may not copy or distribute any graphics in the CareerLab® Materials or User Content apart from their accompanying text.
  • You will not quote or display any portions of CareerLab® Materials or User Content out of context.
  • CareerLab® may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in CareerLab's sole discretion, without prior notice or liability to you, and you must immediately destroy all electronic or printed copies of downloaded materials in your possession or control.
  • The rights granted to you constitute a license and not a transfer of title.
  • Use of the CareerLab® Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law. We recently won a $50,000 settlement in a copyright infringement case.

USE OF SITE AND SERVICES
You agree to use the Site only to access, download, utilize, post, send or receive Materials in an appropriate manner. By way of example, and not as a limitation, you agree that when when accessing or using the Site, Services or Materials, you agree that you shall not:

A. Legal Rights

  • Violate any applicable laws or regulations or engage in any activity prohibited by the Terms of Use.
  • Abuse, defame, harass, stalk or threaten or otherwise violate the legal rights of another, including such rights as privacy and publicity.
B. Intellectual Property
  • Use any Materials or information, including images and photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary of any party.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or source of software or other material in the file that is uploaded.
  • Mirror any of the content from this Site on another website or in any other media.
  • Use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
C. Security
  • Upload files that contain viruses, Trojan horses, worms, cancelbots, time bombs, corrupted files, or any other similar software or programs that may damage another's property or the operation of their computer.
  • Access or attempt to access any Materials through any means not intentionally made available through the Site or Services.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any CareerLab® server or the network(s) connected to any CareerLab® server.
D. Identity
  • Harvest or engage in any other activity to obtain any information about others, including e-mail addresses, phone numbers, or personal information.
  • Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any CareerLab® server or to the Site without authorization from CareerLab,® whether through hacking, keystroke logging, password mining or any other means.
  • Create a false identity for the purpose of misleading others.
  • Prepare, compile, use, download or otherwise copy any portion of any Site user directory or other user or usage information, or transmit, provide or otherwise distribute (whether or not for a fee) such directory, user, or usage information to any third party.
E. Spam
  • Use any CareerLab® or Cover-Letters domain name as a pseudonymous return e-mail address.
  • Transmit unsolicited or bulk e-mail to any CareerLab® account holder or to any careerlab.com or affiliated e-mail address.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
F. Unauthorized Sales
  • Market any goods or services for any purpose (including advertising and making offers to buy or sell), unless specifically permitted in writing to do so by CareerLab.®
G. Obscenity
  • Publish, post, distribute or disseminate, or submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, or unlawful.
CareerLab®, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable. CareerLab® may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any page on the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as CareerLab® deems necessary to comply with applicable law, regulation, legal process, or government request. 

USE OF SOFTWARE
Any software code, including the content management system (CMS), files, programs, text, tools, utilities, and accompanying documentation (collectively, "Software") are the copyrighted and patented work of CareerLab® or its partners or vendors. Use of the Software is governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software.

Any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution, or use by a service bureau. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.

CONFIDENTIALITY AND PRIVACY
All names and identifiers on this website have been changed to protect confidentiality. The same is true for dates, company names, addresses, phone numbers, other numbers, and e-mail addresses. Any similarity to anyone living or dead is strictly coincidental. CareerLab® will use and protect your data, such as your name, address, and e-mail address in accordance with the CareerLab® Online Privacy Policy, the contents of which are incorporated by reference into the Terms of Use.

SUBMITTED USER MATERIALS
CareerLab® does not pre-screen User Materials that users provide or otherwise submit via the Site or Services. All of your User Materials that you post on or otherwise submit via the Site and Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials. CareerLab® may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. In its sole discretion, CareerLab® may remove any posted or submitted User Materials from the Site or any Service for any reason without notice. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Use.

In addition, by posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part ("Images"), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with the Site, the Services and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images.

By posting or otherwise submitting Images, you grant to CareerLab® and all other users of this Site permission to use your Images in connection with their use permitted by these Terms of Use (including making prints and gift items incorporating such Images), including an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, transmit and reformat your Images, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution. You will receive no compensation with respect to the use of your Images.

CAREERLAB'S RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site, you grant CareerLab® and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that CareerLab® is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that CareerLab® shall not be liable for any failure to store User Materials on the Site at any time.  

THIRD PARTY SITES
This Site may provide links or references to non-CareerLab® Internet sites or resources. You acknowedge and agree that CareerLab® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, links, materials, or for any form of transmission (e.g., webcast or podcast) on or available from such sites or resources. Any dealings you may have with such third parties are at your sole risk.

LINKING TO THIS SITE
CareerLab® consents to links in which the link and the pages activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with CareerLab® (c) imply that CareerLab® approves or endorses you, your website, or your product or service offerings; and (d) present false or misleading impressions about CareerLab® or damage the goodwill associated with the CareerLab® name or trademarks. If you link to us, you agree that CareerLab® may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any CareerLab® trademark.

LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, CAREERLAB,® ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR VENDORS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING , WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, GOODWILL, BUSINESS, REVENUE, OR PROFITS), WHETHER OR NOT FORESEEABLE, OR IF CAREERLAB® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (a) THE USE OF OR THE INABILITY TO USE THE SITE, SERVICES, OR MATERIALS; (b) ANY CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE; (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (d) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS, USER MATERIALS OR OTHER DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (e) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (f) ANY FAILURE TO STORE, OR LOSS OF DATA, FILES, OR ANY OTHER CONTENT; (g) ANY MATERIALS OR SERVICES THAT ARE DELAYED OR INTERRUPTED; (h) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. 

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WARRANTIES AND DISCLAIMERS
THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY CAREERLAB® UNDER THESE TERMS OF USE "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CAREERLAB® MAKES NO WARRANTY OR REPRESENTATION THAT (a) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (b) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TYPOGRAPHICAL ERRORS, OR TECHNICAL OR OTHER MISTAKES. CAREERLAB® MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING ANY AND ALL CONTENT, SOFTWARE, THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE, PRODUCTS, OR SERVICES LISTED, AT ANY TIME WITHOUT PRIOR NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND CAREERLAB® ASSUMES NO RESPONSIBILITY (AND EXPRESSLY DISCLAINS RESPONSIBILITY) FOR UPDATING THE SITE, MATERIALS AND SERVICES.

THIS WEBSITE IS DESIGNED TO PROVIDE GENERAL INFORMATION REGARDING THE SUBJECT MATTER COVERED. CAREERLAB® IS NOT ENGAGED IN RENDERING PROFESSIONAL CAREER, FINANCIAL, OR LEGAL SERVICES. IF YOU NEED EXPERT ASSISTANCE, YOU SHOULD SEEK THE SERVICES OF AN APPROPRIATE PROFESSIONAL LICENSED TO PRACTICE IN YOUR CITY, STATE, OR COUNTRY. NEVER DISREGARD PROFESSIONAL CAREER, FINANCIAL, OR LEGAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH USE. CAREERLAB® WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

CAREERLAB® ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER HARMFUL SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAREERLAB® OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD CAREERLAB® AND ITS ADVERTISERS, AFFILIATES, CO-BRANDERS, CONTRIBUTORS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS, PARTNERS, SHAREHOLDERS, AND VENDORS HARMLESS FROM ANY CLAIM, COSTS, DAMAGES, DEMAND, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), LIABILITY OR LOSS ARISING OUT OF OR IN CONNECTION WITH ANY USER CONTENT, USER MATERIALS, THIRD PARTY APPLICATIONS, USER CONTENT YOU POST ON THE SITE, YOUR USE OF THE SITE, MATERIALS, OR SERVICES, YOUR CONDUCT IN CONNECTION WITH THE SITE, MATERIALS, OR SERVICES OR WITH OTHER USERS ON THE SITE, OR ANY VIOLATION OF THE TERMS OF USE, OR OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.

NOTIFICATION OF COPYRIGHT INFRINGEMENT
CareerLab® may terminate the accounts of users who infringe the Intellectual Property Rights of others. CareerLab® may investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide written notification of claimed copyright infringement to:

Thomas Birney, Esq.
Attorney at Law
Dorr, Carson & Birney
501 South Cherry Street, STE 800
Denver, CO 80246 USA
tombirney@patnet.com
+1/303-333-3010

UNSOLICITED IDEA SUBMISSION POLICY
CareerLab® does not accept or consider any unsolicited ideas, including ideas for advertising campaigns, articles, materials, marketing plans or materials, processes, products or product names, promotions, strategies, technologies, or web design. Please do not send any original creative artwork, samples, text, proposals, demos, or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when CareerLab's products, services, or marketing strategies might seem similar to ideas submitted to CareerLab® Please note that any information or material sent to CareerLab® will be deemed NOT to be confidential or proprietary.

SPAM E-MAIL AND SPAM POSTINGS
If you transmit spam postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that CareerLab® would be irreparably harmed, and that monetary damages would be an insufficient and inadequate remedy, and therefore in addition to its rights and remedies otherwise available at law, you agree that CareerLab® shall be entitled to equitable relief, including both a prelimnary and permanent injunction, if such a breach occurs. CareerLab® may without restriction block, filter or delete unsolicited e-mail and spam postings.

ADVERTISEMENTS AND PROMOTIONS
CareerLab® runs advertisements and promotions from third parties on www.cover-letters.com/. Your correspondence, communication, and business dealings with any third parties advertising or promoting on www.cover-letters.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and any such advertiser. You acknowledge and agree that CareerLab® is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of non-CareerLab® advertisers on www.cover-letters.com/.

GOVERNING LAW: VENUE AND JURISDICTION
This Site (excluding linked sites) is owned and operated by CareerLab®, a Colorado USA corporation. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Colorado, without regard to principles of conflict of laws. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Douglas County and the United States District Court for the District of Colorado with respect to such matters.

ENTIRE AGREEMENT
It is the express wish of the parties that the Terms of Use have been drawn up in English. The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site or in connection with the Materials and Services constitute the entire agreement between you and CareerLab,® and cancel and supersede any prior versions of the Terms of Use. Any failure by CareerLab® to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

If for any reason a court of competent jurisdiction finds any provision of the Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful or void, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

www.cover-letters.com/. Copyright © 1978-2017 William S. Frank. All rights reserved worldwide. Use of this website signifies your agreement to the Terms of Use and Online Privacy Policy (updated 12/21/2012).