Clear AmbitionSM Terms and Conditions of Use
This Terms and Conditions of Use Agreement (“Use Agreement”) describes the terms
and conditions on which you may access and use the services we provide through
our website (the “Website”). In order to become a user of our services, you must
read and accept all the terms and conditions of this Use Agreement.
An effective career and education planning guidance program is a two way process
that depends on the honesty and commitment of the client and skilled guidance
from a qualified career consultant who abides by the ethical standards of his/her
field. Clear Ambition provides distance career and education planning guidance
services to individuals who consent to this Use Agreement.
We reserve the right to modify this Use Agreement from
time to time, and without prior notice, by posting such amended terms on this
Website. We will provide the date such terms were last modified at the bottom of
this page. Your continued use of our services indicates your acceptance of the
amended Use Agreement.
Clear Ambition is not responsible or liable for the
content, security, or privacy practices of other websites linked to ours. We
recommend that you review their individual Terms & Conditions of Use
policies and Privacy Policies.
1. Age Appropriate Access & Consent
As a user of the Website and/or
a client of Clear Ambition, you represent, warrant, and agree that you will honestly
and accurately represent your identity, age, and personal situation. The
Clear Ambition services are designed for people of middle school age up through
pre-retirement age. Clear Ambition considers anyone under the age of 18 to be a minor,
and as such, requires written consent from a parent or legal guardian (the
“Parent”) to participate in our career, education and life direction guidance
services. Such consent is obtained online as part of the sign up process. You
are prohibited from selling, trading, or otherwise transferring your Clear Ambition
membership to another party. If you do not qualify for Clear Ambition services or if
appropriate consent from a Parent is not provided, you may not use our
services.
2. Clear Ambition’s Services
We will provide each person who purchases a
Clear Ambition membership access to our online tools and telephone guidance services for a
defined period of time as outlined in the Our Program page, the Registration page,
and other pages within our Website. The quantity and duration of these services
are determined by the membership package purchased by the client. Each
membership package contains a predetermined amount of 1-to-1 guidance time which may
involve a combination of telephone and email exchanges as agreed upon by the
client and the career consultant assigned by Clear Ambition to the client. The consultant is a
qualified career guidance expert who is an independent contractor hired by Clear Ambition to
provide certain guidance services to our clients. Clear Ambition clients will
receive the following assistance from their consultant:
- Objective insight into results from the client’s interests, skills, values,
and personality self-assessments with emphasis on implications for life
direction decision making;
- Perspective on the client’s current life stage choices and
assistance in selecting a career and education direction that best fits the
individual’s circumstances, needs, and aspirations;
- Guidance in creating a step-by-step action plan to achieve the client’s
career and educational goals.
You understand and agree that Clear Ambition’s
services are designed to assist our clients in their process of finding a
meaningful career, educational path, and/or life direction. As the process
outcome is dependent on the effort, input, and commitment of the client as well
as other factors beyond the control of Clear Ambition, you understand and agree that
Clear Ambition provides no guarantee regarding the attainment of a job, educational
achievement, or of providing solutions to all the client’s questions about
his/her career, educational path, and/or life direction. Further, you
understand and agree that Clear Ambition’s services do not assess or treat
psychological or clinical issues and that Clear Ambition has no liability for such
issues.
You understand and agree that your Clear Ambition consultant is an
independent, career guidance expert who is contracted by Clear Ambition to provide
guidance services to you. You understand and agree that despite our efforts to
maintain long term continuity in our consulting team, the consultant assigned to
you may be changed at Clear Ambition’s sole discretion.
You understand and
agree that to continually improve the quality of services we provide, to the
extent permitted by law, the telephone guidance sessions and resulting records may
be monitored.
Additional Guidance & Membership Renewal
The guidance services in your membership must be used within
the specified term of your membership and may not be carried over. Additional guidance
sessions may be purchased as long as you have an active Clear Ambition membership and
as long as the additional sessions can reasonably be completed within the term
of your membership. Your membership may be renewed and extended for an
additional fee. You understand and agree that without purchase of such a
renewal, your access to all Clear Ambition services, including your personal portfolio
(records), will cease at the end of your membership term.
Data Retention
Clear Ambition will maintain all client records in its physical
possession (hard copy, electronic, and/or tape recordings) for a minimum period
of five (5) years following the last consultant/client contact. Once the records
related to the client’s guidance sessions in Clear Ambition’s physical possession
are destroyed, only the client’s personal portfolio records (e.g., contact
information, assessment results, favorite occupations, schools, and Clear Ambition
Plan) will be maintained. These portfolio records will be saved securely for
clients for their future reference should they continue their membership or
re-join later. All client data will be released to the client upon written
request.
3. User Commitment & Conduct
A. As a client of Clear Ambition, you agree to the following user commitments:
- To be honest about all information you provide about yourself;
- To take responsibility for your future and for being an active,
communicative participant;
- Not to share your Clear Ambition password or site access with anyone other than
your consultant;
- To be prepared and on time for your scheduled telephone guidance sessions,
providing at least 24-hours notice for rescheduling requests;
- To treat your consultant with respect and courtesy;
- To notify Clear Ambition immediately of theft or unauthorized use of your password
or account;
- To provide your password to your Clear Ambition consultant each session as
verification of your identity.
B. As a Clear Ambition client, you agree to
the following rules of conduct:
- Not to upload, post, email, transmit, or otherwise make available any
content or initiate communications which:
(i) are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable; (ii) include
information that you do not have the right to disclose under any law or under
contractual or fiduciary relationships; (iii) infringe on the copyright,
trademark, or property rights of another party, (iv) contain software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
- Not to use our services for any illegal purpose, including but not limited
to conspiring to violate laws;
- Not to stalk or harass anyone;
- Not to forge headers or otherwise manipulate identifiers in order to
disguise the origin of any communication transmitted through our services;
- Not to post content in fields that are not intended for that content.
(Example: Putting an address in a name or title field);
- Not to interfere with or disrupt our services or servers or networks
connected to our services, or disobey any requirements, procedures, policies or
regulations of networks connected to our services.
You understand that
failure to abide by the commitments and rules of conduct above may result in the
immediate termination of your Clear Ambition membership. You acknowledge and agree
that Clear Ambition cannot and will not be liable for any loss or damage arising from
your failure to comply with your obligations herein.
4. Access & Technical Difficulties
As an Internet-based provider of
services, Clear Ambition’s Website can be accessed from any computer that is web
enabled. If you do not have access to a home computer, you may gain access
through a public computer at a public library or other local community
organization. Since Clear Ambition cannot control the reliability of any user’s
computer or Internet service provider, you understand and agree that Clear Ambition’s
services on its Website are provided “as is” with no guarantee to availability
or that such services will be error free.
5. Duplication & Interference
Use of manual or automated software,
devices, or other processes to “crawl” or “spider” any web pages contained in
the Website is strictly prohibited. You agree not to monitor or copy, or allow
others to monitor or copy, our web pages, the Website, or the content included
herein. You also agree not to “frame” or otherwise simulate the appearance or
function of this Website. Furthermore, you agree not to take any action that
interferes with the proper working of, or places an unreasonable load on our
infrastructure, including but not limited to unsolicited communications,
attempts to gain unauthorized access, or transmission or activation of computer
viruses.
6. Communications
In the course of providing you services, Clear Ambition may
need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree
to receive emails which are specific to your purchased services and necessary
for the normal functioning of our services.
7. Termination & Refunds
If a client is not satisfied with our program for any reason, we will gladly provide a refund
as follows:
- We will refund 100% of the client's purchase price if the client has completed all of the self-assessments and guidance
included in his/her Clear Ambition package and is not satisfied. The refund request must be submitted in writing no later than 30 days following the subscription termination date;
- A pro-rated refund of the client's purchase price will be made if a client wishes to terminate his/her membership but has not completed
all of the self-assessments and guidance included in his/her Clear Ambition package. The pro-rated refund will be based upon the unused portion
of the client’s purchased services as of the date Clear Ambition receives the client’s written request for termination.
Clients are entitled to the refund options above provided that they have abided by this Use Agreement. If you should need to ask for a refund,
you must submit your request in writing. It may be emailed
to customerservice@clearambition.com,
faxed to 860-224-3434, or sent by letter to Customer Service, c/o Clear Ambition, 185 Main
Street, Suite 401, New Britain, CT 06051.
Clear Ambition reserves the right to terminate
the membership and services of any client who fails to abide by the terms of
this Use Agreement without further notice at its sole discretion.
8. Monitoring & Enforcement
Within our Website, we may have
interactive areas that allow members to post information. Despite our effort to
ensure that everyone complies with our rules of conduct, we do not have the
ability to control what is posted. As such, we do not guarantee the accuracy,
integrity or quality of what is posted in these areas. Because community
standards vary and individuals sometimes choose not to comply with our policies
and practices, you may be exposed to content that you find objectionable. If so,
you may contact our Customer Service Department to let us know of content that
you find objectionable. We will make our best effort to investigate the
complaints and violations that come to our attention and will take any action
that we deem is appropriate, at our sole discretion. Under no circumstances will
we be liable in any way for any content, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind incurred
as a result of your use of, access to, or denial of access to any content on our
Website.
9. Indemnification
You agree to indemnify and hold harmless Clear Ambition and
its officers, directors, employees, consultants, agents, and their assigns (the
“Indemnified Parties") from and against all claims, demands, losses, costs,
damages, actions, suits, or proceedings, including reasonable attorney’s fees
incurred by the Indemnified Parties that arise out of, or are attributable to,
your use of the Website, unauthorized access to or alteration of your
communications, any dispute pertaining to violations of this Use Agreement, the
Privacy Policy, and any content on Clear Ambition’s Website.
10. Disclaimer of Warranties and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. CLEAR AMBITION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU UNDERSTAND AND
AGREE THAT NO ADVICE OR INFORMATION OR SERVICES, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CLEAR AMBITION OR A CONSULTANT OR THROUGH OR FROM OUR SERVICES
SHALL CREATE ANY WARRANTY OR LIABILITY. IN NO EVENT WILL CLEAR AMBITION, ITS OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND THEIR ASSIGNS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE CLEAR AMBITION’S WEBSITE OR SERVICES WHICH
EXCEED THE AMOUNT OF THE USER’S FEES ALREADY PAID.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU INITIATE LEGAL ACTION OR
PROCEEDING AGAINST CLEAR AMBITION FOR ANY REASON, AND CLEAR AMBITION IS THE PREVAILING PARTY
IN SUCH ACTION OR PROCEEDING, THEN YOU SHALL REIMBURSE CLEAR AMBITION FOR ALL
ASSOCIATED EXPENSES, INCLUDING, WITHOUT LIMITATION, LEGAL COSTS AND REASONABLE
ATTORNEY’S FEES.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF CONNECTICUT NOTWITHSTANDING ITS CONFLICTS OF LAW PRINCIPLES. IN THE
CASE OF ANY LEGAL ACTION OR PROCEEDING, THE PARTIES AGREE TO PERSONAL
JURISDICTION AND VENUE IN CONNECTICUT.
11. Severability/Entire Agreement
If any provision or provisions of this
Use Agreement shall be held to be invalid, illegal, unenforceable, or in
conflict with the law of any jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby. This Use Agreement constitutes the entire agreement between
you and Clear Ambition and governs your use of the services, superseding any prior
agreements between you and Clear Ambition.
12. Comments & Questions
If you have questions or comments about our policies, practices, or the use of our Website, please email us at customerservice@clearambition.com.
If you have questions or issues regarding our guidance program or career consultants, please email us at guidance@clearambition.com. If
you wish to call us, you may call toll free at 1-800-988-7721. You may also
contact the National Board for Certified Counselors at www.nbcc.org or by calling (336)
547-0607 for more information about distance counseling and guidance.
If you prefer to write to us, please direct your letter to:
Clear Ambition
185 Main
Street, Suite 401
New Britain, CT 06051
Policy Last Modified 3/17/08