Love Your Career

Terms of Use

Last Revised: 21 Feb, 2021

Hey! Welcome to Love Your Career Terms of Use

This policy outlines important legal terms that apply to anyone who visits our website or uses any of our services. These terms are necessary to protect both you and us and to make our services possible and more enjoyable for everyone. 

By accessing or using our website or any of our services, you acknowledge that you have read this Terms of Service.

1. Introduction

 

1.1 Who we are and our purpose! 

Silvesterdesign.com is a Free-lance Design company, which offers a wide range of different services including website design on the WIX Platform, Brand Design, Technical Services and more. 

The Client (hereinafter referred to as 'Client') 'Requests for a Quote" for a specific service of the purpose of developing their website, brand or service (hereinafter referred to as 'Product').

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Our services offer our clients the ability to easily create beautiful and highly functional online and offline presence, to manage and promote businesses, content and ideas.

 

As detailed below, we offer our Clients and users numerous tools and features for creating, publishing and using their stunning products.

1.2 Legal Agreement 

The Love Your Career Terms of Use constitutes a binding and enforceable legal contract between Love Your Career and you in relation to the use of any Love Your Career Services that we offer and Love Your Career to Client Service that we provide to create your products. 

You may visit and/or use Love Your Career Services only if you fully agree to the Love Your Career Terms. If you do not read, fully understand and agree to the Love Your Career Terms, you must immediately leave our website and avoid or discontinue all use of the Love Your Career Services.

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By using our Services, you acknowledge that you have read our Privacy Policy available at www.silvesterdesign.com/privacy

2. User Accounts

 

In order to access certain sections of our site and services you are required to have a user account with us. This is completed either by:

 

2.1 Becoming a user via Student Registration

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From our main homepage you can become a user by registering up to our platform. You will be required to have an unique code that will be provided to you via your School or Career advisor. 

 

Being part of the Love Your Career, we do not send out marketing emails or promotional emails, or sell your data to third parties.

2.2 Being added via your Company Administrator or Love Your Career

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In order to access and use certain services and features on Love Your Career, you will be invited to join Love Your Career Platform by either your Company Administrator or via Love Your Career. This helps to keep your account access more secure and prevent unauthorised access. A Setup account email will be sent to you.

If anyone other than yourself accesses your User Account and/or any of your User Platforms' settings, they may perform any actions available to you (set by your Company Administrator), make changes to your User Platform and any Product or Company account associated with your account. 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when using your Company Profile and using the Love Your Career Platforml, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own or ensure that the company's contact and any information, including your valid e-mail address are as accurate as possible, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

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In case of a dispute on User Account ownership, we and the company admin reserves the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership.

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3. Your Obligations

 

3.1 You represent and warrant that:

You are Sixteen (16) years of age or above, or have a legal guardian or parent with you at all times. The legal age of majority in your jurisdiction and possesses the legal authority, right and freedom to enter into the Love Your Career Terms of Use with the possible engagement of services with Love Your Career to form a binding agreement, for yourself or on behalf of the person or entity committed by to the Love Your Career Terms of Use. 

 

 

3.2 Content Provided to us for Company Stands and Assets

 You confirm that you own all rights in and to any content given over to Love Your Career for use in your Company Stands and Assets. This includes any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artwork, interfaces, usernames, the information you provide for the purpose of creation, text, literary works and any other materials ('Content'), or otherwise have (and will continue to have) the full power, title. 

you have (and will maintain) the full power, title, licenses consents and authority to allow Wix (Web Hosting Provider, Love Your Career, Love Your Career or any authorised third-party Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.

You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

Where possible files, images are in the highest quality possible. We recommend in formats of JPEG, PNG, SVG

  

4. Development of Your Product

 

4.1 Responsibility of Development ​

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Love Your Career and Love Your Career will make reasonable efforts to create and develop a fully functioning product, our warranty does not cover out of date browsers, devices or any special effects that we have advised you against. Love Your Career and/or Love Your Career is not responsible for an outage of service either from Website Products or Technical Systems caused by glitches/issues with the website or any web application hosting company. Love Your Career and/or Love Your Career will not reimburse any business for any losses during a website or any web application outage, in any circumstances. 

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Love Your Career and/or Love Your Career without sacrificing quality and/or design, we try to ensure that the content and functions we build or design into your products are available to all visitors or public members. 

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4.2 Assignment of Product

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Love Your Career reserves the right, and you hereby agree, to assign qualified subcontractors to this Product to ensure that the terms of this agreement are met by the required deadline. 

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4.3 Product-related services

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The user understands that Love Your Career does not provide or own their own website or web application hosting services in connection with any product. Hosting services require a separate contract with the website and any web applications services.

 

5. Copyright and Trademarks & e-Commerce Laws

 

 

5.1 Your Intellectual Property 

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As between Love Your Career and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by Love Your Career, including any Design, images, animations, videos, audio, files, font, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Love Your Career does not claim ownership rights on your Content. For the sole purpose of granting you a service, you know and agree that we will need to access, upload and/or copy your user Content for archival uses, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. Products that uses Third Party Service Providers must abide by their Terms Of Use regarding Content and Ownership.  ​

5.2 Love Your Career's Intellectual Property 

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All rights, title and interest in and to Love Your Career Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, Websites, literary work, source and object code, computer code (including HTML, JSON and JSnode), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Love Your Career platform, methods, Products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Love Your Career.​

 

The Love Your Career Terms do not convey any right or interest in or to Love Your Career's Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Love Your Career Terms constitutes an assignment or waiver of Love Your Carrer's Intellectual Property rights under any law.

 

5.3 Client Agreement

The Client unconditionally guarantees that any elements of text, graphics, photos, videos, logos, designs, trademarks, or other artwork furnished to Love Your Career and for inclusion in the Product is owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Love Your Carrer 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 Client. Please refer to Section 3.2 for more information. 

5.4 Copyright

The Client agrees to provide content to Love Your Career that does not infringe upon any company. The Client also agrees to never upload copyrighted content onto their product or stand, even after initial production, unless permission from the rightful owner is given. ​

6. Feedback and Suggestions

 

6.1 Feedback and Suggestions 

If you provide us with any suggestions, comments or other feedback relating to the any Love Your Career Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned byLove Your Career. By providing such Feedback to Love Your Career, you acknowledge and agree that it may be used by Love Your Career in order to: (i) further develop and improve Love Your Career Services, (ii) provide ongoing assistance and technical support, (iii) to enhance Love Your Career data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

 

​6.2 Privacy

 

Certain parts of the Love Your Career Services (including Company Profile and Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Love Your Career Services and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Love Your Career Services and/or User Products. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

 

7. Promotion of Business

7.1 Displaying Work 

Love Your Career reserves all the rights to display company logos within their lobby, and promote all aspects of creative work and Products in their portfolios, website, articles, books, magazines or in social media.

8. Cancellation

8.1. Cancellation by User

You may discontinue to use and request to cancel any of your Products and/or any Love Your Career Services at any time, in accordance with the instructions available on the Love Your Career Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Love Your Career Services.

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You can cancel your account at any time from your profiles.



8.2. Loss of Data, Content and Capacity

 

​If your Product or any Love Your Career Services or Third Party Services relating to any of your Products are cancelled (whether at your request or at Love Your Career's discretion), it may cause or result in the loss of certain content, features, or capacity of your Product, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Love Your Career shall not be liable in any way for such Capacity Loss, or for saving a backup of your Client Portal and/or Product, User Content or End User data. Please also note that additional Fees may apply to re-activation of a Product and/or any Love Your Career Services following their cancellation, as determined by Love Your Career in its sole discretion.​

9. Misconduct and Cancellations 

 

9.1. Misconduct and Abuse

 

When using the Love Your Career Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Love Your Career with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Love Your Career Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon Love Your Career and that Love Your Career may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

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9.2 Right to Decline Company, Company Assets and Job and Work Experience postings

Love Your Career holds the right to cancel and or/ decline a Company and/or Company Assets and/or Job/Work Experience Posting at any time if they breach terms below:

-   Activities involving any weapons, ammunition, military arms, explosive devices and firearm parts

-   Adult entertainment, websites & content (such as)

-   Adult book stores, video stores, toys

-   Any products on the internet containing graphic or nude content

-   Audio (phone sex and adult phone conversations)

-   Companion/escort services or dating services (sexually-oriented)

-   Fetish products

-   Prostitution

-   Gentleman's clubs, topless bars, and strip clubs

-   Video (web-based sexually-oriented video)

-   Bail bonds 

-   Bankruptcy lawyers

-   Betting and gambling, including:

o   Legal gambling where the cardholder is not present when the bet is made as well as for the direct purchase of wagers/chips via payment card

o   Lotteries, including online lotteries

o   Sports forecasting or odds making

o   Internet gambling

-   Business or investment opportunities operating as “get rich quick schemes” (e.g., real estate purchase with "No Money Down", government grants)

-   Collection agencies or firms involved in recovering or collecting past due receivables

-   Counterfeit goods / replicas or those infringing on intellectual property rights, including those designed to infringe on such intellectual property (i.e., knock-offs, imitations, bootlegs) 

-   Credit repair/restoration or card protection (including identity theft protection)

-   Cyber lockers, cloud storage and file-sharing services

-   Data pass (merchants up-selling or cross-selling products to other merchants and then sharing the cardholder data with the third party or receiving cardholder data from third parties)

-   Debt consolidation and mortgage reduction/consulting services

-   Drugs, tools specifically intended for the production of drugs, drug paraphernalia, Illegal drugs, CBD, Hemp, substances designed to mimic illegal drugs, and/or other psychoactive products (e.g.,K2, salvia divinorum, nitrate inhalers, bath salts, synthetic cannabis, herbal smoking blends, herbal incense, and HCG/HGH-like substances)

-   Escort agencies / massage parlours / sexual services

-   Essay mills/paper mills (i.e., ghost-writing services that sell essays, term papers, etc. with intent that the purchaser will submit documentation as their own)

-   Fake references and other services or products that foster deception (including fake IDs and government documents) 

-   Fantasy sports leagues where participants receive cash or cash-equivalents or prizes with/of material value (e.g., electronics, travel, gift cards,cards etc.)

-   Financial services / money service businesses, including:

o   Provider or seller of prepaid access/stored value*

o   Quasi-cash

o   Cash advances (by non-financial institutions)

o   Issuer/seller/redeemer of money orders or traveller’s checks

o   Check cashers

o   Virtual currency or e-wallet or e-money that can be monetized, re-sold or converted to physical/digital goods/services or otherwise exit the virtual world

o   Money Transfer 

* Open-loop & closed-loop prepaid access includes gift cards, phone cards, subway cards, college campus cards, game cards and other limited-use prepaid access devices when the value can exceed $2,000

-   Games of skill where participants receive cash or cash equivalents or prizes with/of material value (e.g. electronics, travel, gift cards, cards etc.)

-   Illegal products or services or any service providing peripheral support of illegal activities

-   Independent financial advisers (IFA), payday loans and unsecured loan/lines originating from non FDIC insured banks

-   Jammers or devices that are designed to block, jam or interfere with cellular and personal communication device/signals (e.g., GPS), decryption and descrambler products including modchips, spy devices/services/software.

-   Mail order spouse and international match-making services

-   Merchants engaged in any form of deceptive marketing practice including but not limited to:

o   Hidden Disclosure 

o   Bogus claims & endorsements 

o   Pre-checked opt in boxes

o   Refund/Cancellation avoidance

o   Poorly disclosed negative options

-   Merchants offering substantial rebates or special incentives (e.g., free gift, prize, sweepstakes, or contests) as an inducement to purchase products/services

-   Merchants utilising tactics to evade Card Brand excessive chargeback monitoring programs

-   Merchants that have ransom-like or extortion-like basis for their business model (e.g., mugshot removal)

-   Multi-level marketing

-   Pets and other live animals, including endangered/threatened species, protected birds and sharks

-   Private medical practices and e-doctors

-   Medical devices (including prescription medical devices such as contact lenses unless medical licence is provided)

-   Products or services specifically offered or intended to be used to create drugs or grow ingredients for drugs (e.g.,'grow shop’ products, seeds for cannabis plants, etc.) 

-   Pyramid selling

-   Timeshare and timeshare maintenance

-   Trade of weapons, ammunition, military arms, explosive devices and firearm parts 

-   Paying fines or penalties of any kind

-   Prescription medicines and pharmaceuticals.

-   Products designed to circumvent copyright protection techniques or to otherwise facilitate the unlicensed use of copyrighted materials (e.g. ‘mod-chips’ to break the encryption of game computers to enable the playing of unlicensed copies of games

-   Products or services that promote hate, violence, discrimination, terrorism, harassment or abuse 

-   Providing gambling services in jurisdictions where this is illegal or (where applicable) offering gambling services without a valid license to the relevant jurisdiction

-   Security brokers and investments of any kind, like the purchase of securities, currencies, derivatives, commodities, shares, foreign currencies, options, other financial instruments or precious metals

-   Services associated with pseudoscience (e.g., clairvoyance, tarot cards, horoscopes, fortune-telling, etc.)

-   Social media “click farms” (i.e. the sale of clicks/likes/reviews/endorsements on social media sites) 

-   Telemarketing companies 

-   Third-party payment processors / aggregators / payment service companies (e.g., bill pay service, crowdfunding, peer-to-peer payments, commissary accounts), payment facilitators, ISO's and other Internet payment service providers (IPSP) / member service provider (MSP) / fulfillment houses, shipping / forwarding brokers 

-   Tobacco & Alcohol product, Businesses selling age or legally restricted products or services (including e-cigarettes) unless is a registered Hospitability location with full Alcohol licence and selling within it’s premises only (No external Deliveries).

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10. Disclaimer of Warranties 

We provide Love Your Career Services and Products on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Love Your Career Services and/or Products (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Love Your Career Services and/or Products – so please be sure to verify those before using or otherwise engaging them.

 

Love Your Career may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Love Your Career be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Love Your Career Services and/or Products, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Love Your Career shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter when using Love Your Career Products and/or Services. 

 

You acknowledge that there are risks in using Love Your Career's Services, and/or connecting and/or dealing with any Third Party Services through or in connection with Love Your Career, and that Love Your Career cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Please note that certain Services that Love Your Career uses to complete your Product are currently offered in their BETA version, and undergoing BETA testing as Love Your Career is a WIX Partner and has early access to new features and services. You understand and agree that certain Love Your Career Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Wix Services at BETA stage signifies your agreement to participate in such Wix Services’ BETA testing.​

 

11. Limitation of Liability

 

To the fullest extent permitted by law, Love Your Career, its directors, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Love Your Career  Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Love Your Career Services; (6) events beyond the reasonable control of Love Your Career, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Love Your Career Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Love Your Career's services to you, and such limitations will apply even if Love Your Career has been advised of the possibility of such liabilities.

12. Indemnity

 

You agree to defend, indemnify and hold harmless Love Your Career, its directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Love Your Career Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Love Your Career Services, including, without limitation, Love Your Career Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

13. Agreements, Changes & Updates 

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13.1 Agreements

Upon acceptance, the Client agrees to the terms, conditions and stipulations of an agreement on behalf of his or her organisation or business.

Any agreement begins with the first non-refundable initial deposit or full payment and constitutes the entire understanding of the parties. Any changes or modifications thereof must be in writing and agreed by both parties. Any changes made to agreements will be located on Love Your Career Client Portal. 

13.2 Changes & Updates 

Love Your Career reserves the right to change, suspend or terminate any of the Love Your Career Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Love Your Career Services (including access to Company Dashboards and/or Products) for any reason and/or change any of the Love Your Career Terms with or without prior notice - at any time and in any manner.

You agree that Love Your Career will not be liable to you or to any third party for any modification, suspension or discontinuance of those Love Your Career Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Love Your Career Services without enabling such changes, or provide you with alternative Services.

 

13.3 Notices 

We may provide you with notices in any of the following methods: (1) by e-mail, sent to the e-mail address you provided us for each product or client; (2) through any other means, including any phone number or physical address you provided us. Love Your Career's notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

 

13.4 Changes to Terms of Use

We may update this Terms of Use as required by applicable law, and to reflect changes to our information collection, usage and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you using one of the notification methods (Section 14.3 of the Terms of Use) prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Unless stated otherwise, our most current Terms of Use applies to all information that we have about you and your Users-of-Users, with respect to our Website, Love Your Career and other Services.

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