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AGREEMENTS

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COPYRIGHT NOTICE, GROUP MEMBSHIP ACCESS POLICY AND SERVICES AGREEMENT

 

Copyright © 2013 EMPROVE PERFORMANCE GROUP, LLC

 

Ownership of Copyright

 

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material, training materials, graphs, charts, presentations and audio-visual material on this website) is owned by Emprove Performance Group, LLC.

 

Copyright License

 

Emprove Performance Group, LLC grants to you a worldwide non-exclusive royalty-free revocable license to:

 

 view this website and the material on this website on a computer or mobile device via a web browser;

 copy and store this website and the material on this website in your web browser cache memory; and

 print pages from this website for your own personal use.

 

Emprove Performance Group, LLC does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Emprove Performance Group, LLC's prior written permission.  

 

FRAUD WARNING:  If someone has asked you for your System or LinkedIn ID and Password, or has asked you to change your password so they may access your account, your account and reputation may be compromised.  Therefore, if we find "suspicious" posts under your profile promoting services not endorsed by Emprove Performance Group, you will be removed from our group and Resource Library immediately.  Furthermore, all activity of this nature will be reported to LinkedIn Security and the appropriate legal authorities.  Your access to our proprietary system and other memberships will be cancelled immediately without refund.  If you feel that your account may have been compromised, please contact us immediately at info@emprovegroup.com.

 

Data Mining

 

The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

 

You may request permission to use the copyright materials on this website by writing to info@emprovegroup.com.  Paid participants of Career Search Strategies 2.0 may use materials in Resource Library for their own personal career search.  Any person using content for career counseling, coaching or related activities is in violation of this Notice. Distribution of any proprietary information, including but not limited to templates, documents and/or other materials or concepts to potential competitors of Emprove Performance Group, LLC is strictly forbidden. Furthermore, if you give your ID and password to anyone outside of the registered IP Address in your original registration request, you will be immediately banned from membership.  Furthermore, Emprove Performance Group, LLC will pursue legal action, should any of the content and materials get delivered in any format/means to a potential competitor of Emprove Performance Group, LLC and/or its subsidiary companies.

 

Enforcement of Copyright

 

Emprove Performance Group, LLC takes the protection of its copyright very seriously.

 

If Emprove Performance Group, LLC discovers that you have used its copyright materials in contravention of the license above, Emprove Performance Group, LLC may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

 

If you become aware of any use of Emprove Performance Group, LLC copyright materials that contravenes or may contravene the license above, please report this by email to info@emprovegroup.com.

 

Infringing Material

 

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to info@emprovegroup.com

 

Agreement

 

THE EMPROVE PERFORMANCE GROUP WEBSITE AND RELATED MEMBERSHIP SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY PRIOR TO PURCHASING CSS VIP MEMBERSHIP AND/OR ANY CAREER SERVICES OR PRODUCTS.  YOUR PURCHASE OF VIP MEMBERSHIP AND YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR USE OF THE EMPROVE PERFORMANCE GROUP WEBSITE AND SERVICES.

RESTRICTIONS ON USE.

 

All pages within this website and any material made available for download (collectively the "Site") are the property of Emprove Performance Group, LLC and/or its affiliates.  No portion of the materials on these pages may be reprinted, republished, modified or distributed in any form without the express written permission of Emprove Performance Group, LLC.

 

All rights not expressly granted by this Disclaimer Legal Notice, Disclaimer and Website Terms and Conditions of Use, or any applicable end user license agreements, are reserved by Emprove Performance Group, LLC.

 

GENERAL USE.

Emprove Performance Group, LLC and the Site provide Emprove Performance Group, LLC members with a service that Emprove Performance Group, LLC believes that, when followed properly, will expedite, expand and improve a job search.   Emprove Performance Group, LLC is not directly affiliated with any professional recruiters or employers and cannot guarantee any results. By using this site and/or services, you acknowledge you are solely responsible for the success of your job search.

 

MONTHLY VIP MEMBERSHIP

 

Your VIP Membership will start with an Initiation Fee, which also covers the first 30 days of access to VIP benefits and resources. Your monthly fee will continue to be direct billed to the PayPal™ Account provided at registration. Should your monthly PayPal™ Transaction be declined, you will be notified directly by PayPal™.  PayPal™ will make additional attempts to secure payment, but after 2 (two) unsuccessful attempts, your account may be deactivated and terminated without notice from Emprove Performance Group, LLC.

 

VIP MEMBERSHIP CANCELLATION

 

You may cancel your VIP Membership at any time.  YOU MUST CANCEL YOUR MEMBERSHIP DIRECTLY THROUGH PAYPAL™.  Emprove is unable to access your PayPal™ account and therefore, only you can cancel or modify the monthly subscription.  Please log into your PayPal™ account for details.  WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNUSED VIP BENEFITS.  MEMBERSHIP FEES ARE FULLY EARNED UPON PAYMENT.

 

WARRANTY DISCLAIMER.

Emprove Performance Group, LLC expressly disclaims all warranties of any kind with regard to the website and services including any content or information contained within it, and any and all services provided to its members.  This disclaimer includes, but is not limited to all implied warranties of merchantability and fitness for a particular purpose.  By using this Site, you assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites.

 

In no event shall Emprove Performance Group, LLC, or its affiliates, employees or owners, be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the site, professional career consulting or other services, content, information contained within the Site and/or any hyperlinked website.   In no event shall Emprove Performance Group, LLC, or its affiliates, employees or owners, be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages resulting from loss of use, data, or profits arising out of or in connection with the use of any information submitted or posted on this site.

 

Submittal of any defamatory, abusive, profane, threatening, offensive, or illegal materials or any material violating the privacy or personal rights of others is strictly prohibited.  The submission of any information or other material protected by copyright without the permission of the copyright owner is also prohibited.  By submitting materials, the submitting party warrants and represents that he or she owns the copyright with respect to such material, including the material available through the submitted links or has received permission from the copyright owner.

 

Emprove Performance Group, LLC’s Site contains links to other websites. These links are provided to facilitate the user’s access to information which is useful in completing a job search.  The link to another website is not to be construed as an endorsement of that site, and Emprove Performance Group, LLC does not review and is not responsible for the content, accuracy, or representation made by any third-party website.

 

Emprove Performance Group, LLC is not to be considered an employer with respect to your use of the Site.  Emprove Performance Group, LLC shall not be held responsible for any employment decisions made by any entity posting job advertisements on this site.  Emprove Performance Group, LLC shall not be held responsible for any employment decisions made by any entity that contacts the user as a result, either direct or indirect, of a Emprove Performance Group, LLC membership.

 

CONFIDENTIAL OR PROPRIETARY INFORMATION

Emprove Performance Group, LLC does not want to receive confidential or proprietary information from you through the Site.  Please note that any information or material sent to Emprove Performance Group, LLC through the Site will be deemed NOT to be confidential.  By sending Emprove Performance Group, LLC any information or material, you grant Emprove Performance Group, LLC an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Emprove Performance Group, LLC is free to use any ideas, concepts, know-how, or techniques that you send to it for any purpose.

 

HYPERLINKS TO THRID PARTY WEBSITES

When you access a non-Emprove Performance Group, LLC website, please understand that it is independent from Emprove Performance Group, LLC, and that Emprove Performance Group, LLC has no control over the content on that website.  In addition, a hyperlink to a third-party website does not mean that Emprove Performance Group, LLC accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

 

CHOICE OF LAW AND VENUE

These Terms and Conditions are entered into in the State of Washington State and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules.  Any party purchasing services from Emprove Performance Group, LLC, or conferring upon Emprove Performance Group, LLC anything of value, submits to the exclusive jurisdiction of the state and federal courts sitting in the County of King in the State of Washington, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  By providing this Site, Emprove Performance Group, LLC does not consent to the jurisdiction of the courts other than those federal and state courts located in Washington.  In the event that any of the provisions of this Disclaimer Legal Notice, Disclaimer and Website Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that all other provisions of the Disclaimer Legal Notice, Disclaimer and Website Terms and Conditions of Use shall otherwise remain in full force and effect.

 

NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of this Site, you warrant to Emprove Performance Group, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

SERVICES CONTRACT AND DISCLOSURE – Website Development, Branding, Resume Writing and all other Services

 

Fees are payable upfront to Emprove Performance Group, LLC once the client signs the Services Work Order (SWO). An estimate of 100% is due up front. Any additional fees must be paid before any work is released in draft form. All interview and job search coaching and workshops must be paid for upfront. Client has one year to use all services.

 

Once the SWO and Intake Session are completed, and proprietary worksheets released, fees for services are neither cancelable nor refundable, even if service is terminated before it is complete.

 

Design charges include the review of the completed exercises/questionnaire, up to a one-hour interview, discussion of strategy, the first draft and one set of changes before the final versions are delivered. In other words, you preview the first draft, make changes, and approve/minor changes to next version.

 

Content and suggested format of design services are discussed upfront. Any additional re-working or re-formatting will have to be charged additional fees, depending on the complexity.

 

Most websites are built using Moonfruit.com and Emprove Performance Group does not warrant the data or site up/down time. All websites are bound to the terms of this agreement, the WEB DESIGN PROJECTS AGREEMENT below* and the terms of Moonfruit. Moonfruit terms can be found at: http://www.moonfruit.com/terms. Emprove makes no warranties on the application content, functionality or browser capability/viewing of your website. Once the website is approved by the client, Emprove is not responsible for any changes in content and/or functionality.  Should the client wish to make changes to content or functionality, a Change Order outlining additional fees will be provided in advance of commencing any additional design services.

 

Emprove Performance Group, LLC is not responsible for information obtained from client that is inaccurate or incorrect. Please be accurate with your titles, job descriptions, dates, education and activities.

 

Emprove Performance Group, LLC’s liability is limited to the completion of work. Emprove Performance Group, LLC assumes no liability after product has been proofread. It is agreed that in the event of any legal action, the laws of Washington State will apply, that venue will lie in King County, WA and only the courts located there will have jurisdiction over the parties.

 

Client agrees to pay an additional fee of $55.00 on all returned checks, plus legal and collection fees.

 

 

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Emprove Performance Group, LLC and you pertaining to the subject matter of this agreement.  In its sole discretion, Emprove Performance Group, LLC may modify these Terms and Conditions by posting the revised version on this Site.  Any statements made regarding Emprove Performance Group, LLC, the Site, or the services provided by Emprove Performance Group, LLC prior to January 2009 are revoked in full and should no longer be considered to be endorsed, approved or supported by Emprove Performance Group, LLC.

 

*WEB DESIGN PROJECTS

 

1. Authorization.

 

The Customer (hereinafter referred to as "Customer") is engaging Emprove Performance Group, LLC  as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Customer's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Customer's option. The Customer hereby authorizes Emprove Performance Group, LLC  to access this account, and authorizes the Hosting Service to provide Emprove Performance Group, LLC with "full access" to the Customer's account, and any other programs needed for this Web Design Project that are included as part of the Customer's service agreement/level. The Customer also authorizes Emprove Performance Group, LLC  to submit the completed Web Design Project to major Web Search Engines.

 

2. Development.

 

This Web Design Project will be developed using Moonfruit.com’s website builder tool/ Flash.

 

Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Emprove Performance Group, LLC  represents and warrants that the web site we design for you will work in:

  •  

  • Microsoft® Internet Explorer versions 5 and up

  •  

  • Netscape Navigator/Communicator version 4 and up

  •  

  • Mozilla Firefox version 1.0 and up

 

While Emprove Performance Group, LLC  will make reasonable efforts to design a fully-functional web site, Emprove Performance Group, LLC 's warranty does not cover AOL, PDA’s/Mobile browsers,  text-based browsers or requested special effects that we have advised you against.

 

3. Assignment of Web Design Project.

 

Emprove Performance Group, LLC reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

 

4. Copyrights and Trademarks.

 

The Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Emprove Performance Group, LLC  for inclusion in the Web Design Project are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Emprove Performance Group, LLC  and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Customer.

 

5. Web Site Maintenance.

 

Emprove Performance Group, LLC will provide Customer complimentary access to eBranding Essentials, an instructor-led, eight-hour web-based course offering instruction on how to make updates and changes to the basic site content.  Should the Customer wish to engage in more significant edits and/or design changes, Emprove will provide Customer with a Statement of Work (SOW) in advance of commencing any services.

 

6. Completion Date.

 

Emprove Performance Group, LLC and the Customer must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 90 days after Customer has submitted all necessary materials. If the Customer does not supply Emprove Performance Group, LLC with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Emprove Performance Group, LLC  as liquidated damages and the contract shall become null and void, at Emprove Performance Group, LLC ' option.

 

7. Project Delivery.

 

The final web site design project will be published to the Customer's hosting service account upon receipt of final payment. The Customer understands that Emprove Performance Group, LLC does not provide any hosting services in connection with this Web Design Project.  Hosting services require a separate contract with Moonfruit.com.  The Customer agrees to purchase the necessary hosting service which allows Emprove Performance Group, LLC full access to the Customer's account. The Customer will be solely responsible for any and all hosting service charges.

 

8. Electronic Commerce Laws.

 

The Customer agrees that the Customer is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Emprove Performance Group, LLC and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Customer's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

 

9. Web Design Project Copyright.

 

Copyright to the finished web design site produced by Emprove Performance Group, LLC will be owned by Emprove Performance Group, LLC . The Customer will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Customer, and remain the property of their respective owners. Emprove Performance Group, LLC and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Emprove Performance Group, LLC ‘s Design Services Web Site.

 

 

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Emprove Performance Group, LLC and you pertaining to the subject matter of this agreement.  In its sole discretion, Emprove Performance Group, LLC may modify these Terms and Conditions by posting the revised version on this Site.  Any statements made regarding Emprove Performance Group, LLC, the Site, or the services provided by Emprove Performance Group, LLC prior to January 2009 are revoked in full and should no longer be considered to be endorsed, approved or supported by Emprove Performance Group, LLC.

 

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