THIS LEGAL AGREEMENT BETWEEN YOU (”CLIENT”) AND BLUE IMPALA, L.L.C. (d/b/a Career Redo), A TEXAS LIMITED LIABILITY COMPANY (“WEBSITE OWNER”) GOVERNS YOUR USE OF THE WEBSITE, CAREERREDO.COM.
Whereas, WEBSITE OWNER owns and operates a website, known as Career Redo, with a URL address of https://www.careerredo.com (“CR Website”); and
Whereas, WEBSITE OWNER has created Career Redo, to provide an opportunity to refer CR Website visitors who become CLIENTS of individuals who profess to have knowledge and skills in certain careers or business subject matters ("Mentors"); and
Whereas, CLIENT desires to increase his/her knowledge and understanding of certain vocations or careers through communication with Mentors as referred to by CR Website; and
Whereas, WEBSITE OWNER has developed this CLIENT Terms of Service, as may be modified from time to time (“Agreement”), which governs CLIENT's access to the CR Website and use of the any services offered by the Mentor including online and other services, and that describes the terms of your relationship with WEBSITE OWNER; and
Now Therefore, the parties agree as follows.
Duties of WEBSITE OWNER:
1. Website Presentation. WEBSITE OWNER provides a website platform for display of information regarding the career or subject matter provided by the Mentor and refers CLIENTS to the Mentors.
2. Referral Source. WEBSITE OWNER is a referral source connecting CLIENT with Mentor. WEBSITE OWNER is not affiliated in any other way with Mentors, who operate independent businesses, and therefore, not responsible for content or services performed by Mentor for CLIENT's benefit.
3. Other Services. WEBSITE OWNER may provide CLIENT access to individuals who perform services or provide products ("Consultants"), who are not Mentors. Consultants operate independent businesses that may have an affiliate relationship with WEBSITE OWNER. WEBSITE OWNER is not responsible for content, services or products provided by Consultants.
4. Charges For Services. WEBSITE OWNER shall not charge CLIENT for any services by Mentors or Consultants. All charges for services or products from Mentors or Consultants to CLIENT shall be submitted by Mentors or Consultants, as appropriate.
Duties of CLIENT:
5. Use of CR Website by CLIENT. By use of the CR Website, CLIENT accepts and agrees with the CLIENT Terms of Service. Should CLIENT disagree in any manner with the CLIENT Terms of Service, then CLIENT should not use the CR Website.
6. Payments by CLIENT. CLIENT agrees:
a. To make full payment to Mentor for mentoring services in order to complete registration.
b. To make full payment to Consultant for services or products at the time of the order.
7. Release by CLIENT. CLIENT affirms that the WEBSITE OWNER is a referral source for connecting CLIENTS with Mentors and Consultants. Payment by CLIENT to Mentor for mentoring sessions or to Consultant for its services or products signifies CLIENT's release of WEBSITE OWNER from liability for any advice, direction, products or services provided by Mentor or Consultant. The services and products provided by Mentor or Consultant to their CLIENTS, referred from WEBSITE OWNER, are solely the responsibility of Mentor or Consultant, respectively. The Mentor or Consultant and their representatives and contractors are not employees, agents, representatives or contractors of WEBSITE OWNER. CLIENT is responsible for all legal, tax and contractual obligations arising out of this Agreement. CLIENT incurs his/her own expenses for the mentoring sessions and WEBSITE OWNER is not responsible for gas milage, car expenses or other such expenses incurred by CLIENT.
8. Reschedule or Cancellation by CLIENT. The following shall apply:
a. Should the CLIENT cancel the hourly mentoring session and has not paid Mentor and does not reschedule, then CLIENT will not be charged a cancellation fee by the Mentor.
b. Should the CLIENT cancel the hourly mentoring session prior to seven (7) days before the scheduled start of the mentoring session and does not reschedule, then CLIENT will not be charged a cancellation fee by the Mentor, as described on the CR Website.
c. Should the CLIENT cancel the hourly mentoring session within seven (7) days before the scheduled start of the mentoring session and does not reschedule, then CLIENT shall pay a cancellation fee to the Mentor and Mentor shall refund the balance, as described on the CR Website.
d. Should the CLIENT cancel the on-site mentoring session prior to seven (7) days before the scheduled start of the mentoring session and does not reschedule, then CLIENT shall pay a cancellation fee to the Mentor and Mentor shall refund the balance, as described on the CR Website.
e. Should the CLIENT cancel the on-site mentoring session within seven (7) days before the scheduled start of the mentoring session and does not reschedule, then CLIENT shall pay a cancellation fee to the Mentor and Mentor shall refund the balance, as described on the CR Website.
f. CLIENT is allowed a maximum of two (2) cancellations for hourly mentoring sessions and two (2) cancellations for on-site mentoring sessions.
g. CLIENT shall not be charged a cancellation fee should the hourly or on-site mentoring session be rescheduled at any time, due to the unavailability of the Mentor.
9. Notice-Client. Any notice or other communication provided to:
a. WEBSITE OWNER or CR Website by CLIENT under the CLIENT Terms of Service must be delivered through the Contact Us page on the CR Website,
b. Mentor by CLIENT must be delivered in accordance with instructions provided by Mentor.
c. Consultant by CLIENT must be delivered in accordance with instructions provided by Consultant.
10. Indemnification. CLIENT for himself or herself and his or her successors and assigns, shall indemnify and hold harmless WEBSITE OWNER and his, her or its successors and assigns from and against any and all such claims which may be asserted against them which arise from or are incident to any act of CLIENT, CLIENT’s affiliates or any of their officers, directors, employees, contractors, subcontractors or agents. CLIENT shall investigate, handle, respond to, and defend any such claim. CLIENT shall bear all costs and expenses related to the foregoing claims, even if such claim is groundless, false or fraudulent. WEBSITE OWNER shall timely notify CLIENT in writing in the event of any professional disciplinary or legal action or complaint brought or threatened against WEBSITE OWNER.
11. Force Majeure. Neither WEBSITE OWNER nor CLIENT shall be in breach of this Agreement if there is any total or partial failure of performance by it of its duties and obligations under this Agreement occasioned by any acts of God, fire, action of government, local authorities or state, war, civil commotion, insurrection, embargo or prevention from or hindrance in obtaining raw materials, energy or other supplies.
12. Assignment. CLIENT may not assign its rights and obligations under this Agreement without the prior written consent of WEBSITE OWNER. WEBSITE OWNER may assign all or part of its rights or obligations under this Agreement without CLIENT’s consent.
13. Third Party Rights. No person who is not a party to this Agreement has any rights under this Agreement or may enforce any provision in the Agreement.
14. Severability. Each provision of this Agreement is severable and any determination of invalidity does not affect those portions of this Agreement that are valid.
15. General. This Agreement is governed by and interpreted under the laws of the State of Texas, without giving effect to its laws governing conflicts of law. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. This Agreement represents the entire understanding between the parties with respect to the subject matter hereto and supersedes all other written or oral agreements heretofore made by or on behalf of WEBSITE OWNER or CLIENT with respect to the subject matter hereof and my be changed only by agreements in writing signed by the authorized representatives of the parties. By utilizing the Mentor or Consultant referral process set forth, the CLIENT hereby agrees with the CLIENT Terms of Service.