Terms & Conditions
Information We Collect and How We Use It When contacting us on our site, you may be asked to enter your name, email address, phone number or other details to help you with your experience. We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To send periodic emails regarding your order or other products and services.
Users are responsible for any third-party Personal Data obtained, published or shared through our site and confirm that they have the third party’s consent to provide the Data.
Information Collected by Automated Means Information is collected through cookies, log files, link tracking, and/or third parties. Some of the collected information is tied to the user’s personally identifiable information to provide offers and improve the content of the site for the user.
Log File Website log files are used to store information such as: internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer the site, track user’s movement within the site and gather broad demographic information for aggregate use.
Information Retention Career5 will retain personal information, customer and business information for as long as it is needed to provide services and/or products that you have requested; to communicate with you about a request you have made; to comply with our legal and regulatory obligations, to demonstrate compliance, and to enforce Feedonomics’ rights and agreements.
Personal identification information We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information We may collect non-personal identification information about Users whenever they interact with our Site.
How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party websites Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
License to use website Unless otherwise stated, Career5 & Ascend5 and/or its licensors own the intellectual property rights in the website and material on the website created by Career5 & Ascend5. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Career5’s express written consent. You must not use this website for any purposes related to marketing without Career5’s express written consent.
Restricted access Access to certain areas of this website is restricted. Career5 & Ascend5 reserves the right to restrict access to areas of this website, or indeed this entire website, at Career5 & Ascend5's discretion. If Career5 & Ascend5 provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Career5 may disable your user ID and password in Career5’s sole discretion without notice or explanation.
User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Career5 or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. Career5 reserves the right to edit or remove any material submitted to this website, or stored on Career5’s servers, or hosted or published upon this website. Notwithstanding Career5’s rights under these terms and conditions in relation to user content, Career5 does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Guarantees If you are not making progress with your career in any way, even though you have been reading the instructions and examples on the roadmap, watching the videos, following the recommended steps throughout the videos and instructions, outlining your goals, mapping out and completing your recommended steps, completing the necessary items on your Action Plan, and seeking out additional coaching when needed, then we guarantee we will refund your money. At this point, if you have purchased coaching time, any unused coaching time will be reimbursed, and your account will be immediately closed. Limitations of liability Career5 will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Career5 has been expressly advised of the potential loss.
Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Career5’s liability in respect of any:
- death or personal injury caused by Career5’s negligence; fraud or fraudulent misrepresentation on the part of Career5 & Ascend5 or
- matter which it would be illegal or unlawful for Career5 to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties You accept that, as a limited liability entity, Career5 & Ascend5 has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Career5 & Ascend'5 officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Career5 & Ascend5’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Career5 & Ascend5.
Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity You hereby indemnify Career5 & Ascend5 and undertake to keep Career5 & Ascend5 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Career5 & Ascend5 to a third party in settlement of a claim or dispute on the advice of Career5 & Ascend5 ‘s legal advisers incurred or suffered by Career5 & Ascend5 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that Career5 has breached any provision of these terms and conditions.
Breaches of these terms and conditions Without prejudice to Career5 & Ascend5 other rights under these terms and conditions, if you breach these terms and conditions in any way, Career5 & Ascend5 may take such action as Career5 & Ascend5 deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation Career5 may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment Career5 may transfer, sub-contract or otherwise deal with Career5 & Ascend5 rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement These terms and conditions Career5 & Ascend5, together with these Terms and Conditions constitute the entire agreement between you and Career5 in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction These terms and conditions will be governed by and construed in accordance with Colorado’s governing law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Jefferson County Colorado, or the jurisdiction of Career5’s choice.
Your acceptance of these terms By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. © Career5 & Ascend5.
CAREER5 & ASCEND5 Coaching Agreement
This Agreement is entered into by and between you (Client) and your Career5 & Ascend5 coach, (Coach) whereby Coach agrees to provide Coaching Services for Client.
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
- Coach-Client Relationship
- Coach agrees to maintain professional and ethics and standards of behavior during all coaching sessions.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
The time of the coaching meetings held virtually or via phone will be determined by Client based on scheduling online. The Coach will call the client on the client's provided number.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth by the National Career Development Association. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
- Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Coach within 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
- Termination for Coaching Packages
Either the Client or the Coach may terminate this Agreement at any time with email notification or appointment cancellation.
- Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
- Entire Agreement
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
- Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the United States and also the State of Colorado without giving effect to any conflicts of laws provisions.
- Intellectual Property
To the best of our knowledge any materials or intellectual property created are original and do not infringe upon the intellectual property rights of others.
CAREER5 & ASCEND5 Service Agreement
- Services Agreement: We agree to provide everything that is on the list above on this checkout page.
- Liability: Under no circumstances, including, but not limited to, negligence, shall Ascend5 & Career5, LLC be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Ascend5 & Career5, LLC materials or services. You specifically acknowledge and agree that Ascend5 & Career5, LLC is not liable for any defamatory, offensive or illegal conduct of any user. You acknowledge that Ascend5 & Career5, LLC makes no claims or guarantees as to the accuracy or success of its services. If you are dissatisfied with any Ascend5 & Career5, LLC material, or with any of Ascend5 & Career5, LLC's terms and conditions, your sole and exclusive remedy is to discontinue using Ascend5 & Career5, LLC.
- Errors, Omissions, or Problems: Ascend5 & Career5, LLC is not responsible for any inability to access our services, temporary or otherwise. Ascend5 & Career5, LLC is not responsible for any errors made in our service. Ths includes reaching out to the wrong people on your behalf through our reverse recruiting. By using Ascend5 & Career5, LLC you acknowledge the fact that not all errors, omissions, and problems can be detected by Ascend5 & Career5, LLC and its editors. By using Ascend5 & Career5, LLC, you acknowledge and assume that even after using our editing or writing services, errors might remain in your document. Ascend5 & Career5, LLC is not liable for any of these undiscovered errors.
- Job Search Responsibility: It is ultimately the responsibility of a client to land a new role. Ascend5 & Career5, LLC is not responsible for the success of the resumes or career related products. Ascend5 & Career5, LLC does not guarantee jobs or employment success, but we do guarantee to run these services mentioned above to do our absolute best to expedite your job search and ensure your resume is marketable according to our well-researched framework. Ascend5 & Career5, LLC is not responsible for any actions that do or do not result from the use of Ascend5 & Career5, LLC’s services, including, but not limited to, successful acquisition of a job or the failure to land a job, even on account of Ascend5 & Career5, LLC's services.
- Digital Viruses: Notice of the risk of computer viruses. Ascend5 & Career5, LLC is not liable in any way for any viruses that users of our service may acquire as a result of using our service. We make every attempt to prevent viruses from being transmitted, but by the nature of our activities on the internet, viruses may be transmitted either by us or by our independently contracted writers. Neither Ascend5 & Career5, LLC, nor the independently contracted writers are liable or responsible for any viruses inadvertently transmitted and are not liable for any damages resulting from the transmission of viruses. It is the responsibility of every user of our service to remain vigilant in the prevention of viruses from coming into contact with their own computers.
- Independent Contractors: Ascend5 & Career5, LLC employs writers who are independent contractors and Ascend5 & Career5, LLC is not responsible for the behavior, conduct or liability of the writers that are engaged to perform writing services.
- Services: Ascend5 & Career5, LLC does not warrant that the functions contained in its web site will be uninterrupted or error-free or that defects will be corrected.
- Client Materials: Ascend5 & Career5, LLC is not responsible or liable for any inability of the client to deliver materials to our service.
- Receiving Materials: Ascend5 & Career5, LLC is not responsible or liable for any inability to receive materials from our service. This includes interruption of email transmission, invalid or incorrect email addresses, inability to view or print completed materials, or errors or omissions by the Ascend5 & Career5, LLC staff.
- Refunds: Ascend5 & Career5, LLC will not monetarily refund any editing or writing services whatsoever. We will, however, work to our best ability to rectify and fix any services if a client is unsatisfied.
- Third Parties: Ascend5 & Career5, LLC has links to Internet sites maintained by third parties. Ascend5 & Career5, LLC does not operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Ascend5 & Career5, LLC disclaims all warranties. Ascend5 & Career5, LLC does not warrant that the functions contained in the materials will be uninterrupted or error-free or that defects will be corrected. Ascend5 & Career5, LLC does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Ascend5 & Career5, LLC) assume the entire cost of all necessary maintenance, repair or correction.
- Client Ownership: Ascend5 & Ascend5 & Career5, LLC cannot guarantee our clients get a job with our services. We can give you an estimate of time of what we have seen with our former clients but it is ultimately up to our clients land a job or get an interview. The client’s effort determines this once they are marketed and coached well. Ascend5 & Career5, LLC disclaims any and all implied or express warranties, including but not limited to, merchantability and fitness of products as well as services for a particular purpose. Users of Ascend5 & Career5, LLC agree of hold Ascend5 & Career5, LLC harmless from any career, professional, criminal, or civil proceedings brought about by their own negligent or intentional furnishing of false or misleading information.
- Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.