Terms of Service
Last updated: October 20, 2021
Who We Are
In these Terms, the words ”you”, “your”, “member”, and “user” refer to you and your heirs and personal representatives. The words ”we”, “us”, “our”, and “ICAway” refer to International Career Advisory, Inc., an S corporation in Chicago, Illinois, and its owners, officers, employees, agents, representatives, successors, and assigns. We may be contacted as follows:
Code of Conduct By accessing or using the Website, you agree to abide by the following Code of Conduct:
You agree to indemnify and hold ICAway harmless from and against all liabilities, losses you may realize, and costs. You also agree to indemnify and hold ICAway harmless from any expenses, including reasonable attorneys’ fees, asserted by any third party that in any way are realized from your speaking with a Coach or Coaches or from using the Website, including, without limitation, any results from any conversations you have with a coach regardless of the communication form (phone, Skype, in-person etc.) or from any email answers provided to you from a coach via the Website. Your agreement to indemnify and to hold ICAway harmless extends to any and all subsidiary and affiliate organizations, parent, officers, directors, shareholders, agents, employees, successors, consultants and Coaches.
The tone of the Website is helpful and supportive. Please be collegial with each other even in disagreement. No flaming, trolling, constant negativity, or harassment, intimidation, abuse, or defamation of others, whether or not they are Website users, is tolerated. Any such offensive behavior or activities shall subject you to immediate and permanent termination of your access to this website, without notice.
Please speak the truth as you know it. Do not make things up or spread information you know to be false. When registering as a member, please provide only truthful information; you can control what other members see by maintaining your profile to your liking. Our hope is that, by creating as confidential and supportive an environment as possible, most members will feel comfortable using their real names as their display names, which will make the discussions more credible and also help you network with other members. That said, if you’re not comfortable using your real name as your display name, you don’t have to, but you must still register with us using your real name.
Please post only relevant material. Do post personal stories of your own professional work experiences; thoughts, questions and reflections about professional careers; helpful, supportive responses to others; and professional job announcements. Note: please post job announcements on the Jobs page, not in the Forums. Do not post irrelevant material (examples: spam, virus warnings, faculty position announcements). Commercial advertisements are not permitted except with our prior express written permission.
VI. Respect for Intellectual Property.
ICAway respects your intellectual property by acknowledging that you retain the copyright to all of your writings on the Website. However, you are expected to give equal respect to the intellectual property of others. Do not post copyrighted material unless you own the copyright or have express permission from the copyright holder; otherwise, just link to it rather than posting full text. Do not post material found on the Website on any other site or in any print publication or even share it privately with non-members without express written permission of the author. Please also respect the intellectual property of Paula Chambers and The ICAway. While each individual author retains copyright to his or her own writings on the site, collections of writings by multiple authors on the Website (for example, Forum topics) are the intellectual property of The ICAway and may not be re-published or excerpted anywhere without our prior express written permission. Do not misappropriate the name “The ICAway”, our logo, or the Website’s predecessor’s names, or confusingly similar variations or derivations of these names or our logo, or copyrighted material belonging to us – except with our prior express written permission.
VII. Limited License, General Usage Rules, Dispute Resolution, and Miscellaneous Provisions
1. Limited license.
a. If you are a person eighteen years of age or older accessing the Website from a jurisdiction where the Website complies with all local laws, we grant you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Website at your own expense, subject to these Terms, including the Code of Conduct.
b. You may not use the Website in a manner that exceeds the rights granted for your use of the Website, including permitting use by minors under the age of eighteen, unauthorized copying or distribution of any of the content displayed or used on the Website, and creating an unauthorized derivative work.
2. Legal use of Website.
You agree to use the Website in good faith and in compliance with all applicable laws. You agree not to disrupt, modify, or interfere in any way with us, our Website, our servers, or any of our vendors, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any data, code, information, or materials on or associated with the Website.
3. Only you are responsible for your career.
Any advice you may receive through this Website, whether from us or your fellow members, is only opinion and information and may or may not pertain to your particular situation. Results are not guaranteed, and the views expressed on the Website are not even necessarily ours. You agree never to hold ICAway, any subscribing institution with which you are affiliated, or your fellow members responsible for any outcomes that are unsatisfactory to you as a result of following any such advice.
4. You control your profile.
You acknowledge and agree that you have control over how much information you reveal about yourself on the Website. All responsibility for controlling this information rests with you and requires you to take the time to learn how our Website works and make sure your profile settings are set and maintained to your liking.
5. We may remove your postings and/or remove you from the community.
You acknowledge and agree that we have the right to remove from the Website any of your postings at any time for any reason. Additionally, if in our sole discretion we deem that you have violated or threatened to violate the Code of Conduct or any of these Terms, or interfered or threatened to interfere with the Website or your fellow members, you may be suspended from or removed from the ICAway community. If you disagree with our judgment, you may email us to discuss the matter, but we are the final arbiter.
6. ICAway is a socially positive business.
You acknowledge and agree that ICAway is a business, with a mission to help international students envision, prepare for and excel in professional careers, and generates revenue from user-written content.
7. Specifically, you acknowledge and agree that: Your writings are yours, but you grant ICAway a license to store and display them. Though you retain the copyright to everything you write for the Website, you grant us a non-exclusive, royalty-free, perpetual, assignable, sub-licensable, and irrevocable license to store and display your writings on the Website, and to make whatever “copies” we deem necessary to archive your writings or to publish them on the Website.
8. ICAway has the right to benefit from your Forum postings.
While we do not resell your Forum postings singly to others or republish them elsewhere (with the exception of those contributed to Panel Discussions, see below), ICAway does benefit from them indirectly because regular ongoing discussions in the Forums serve to enrich the quality and credibility of the Website as a whole, which in turn leads to subscriptions and other business.
9. ICAway has the right to use your Panel Discussion posts for revenue generation.
Forum posts in Panel Discussions may eventually become Premium Content, access to which is purchased by subscribing institutions and may also be purchased by individuals in a variety of forms, including online or in downloadable electronic and/or print formats, individually or as part of a compilation. When reselling Panel Discussions to individuals, we will remove personally identifying information such as your name and profile photo, but the content of your postings in Panel Discussions may be used by ICAway to help as many people as possible, be they people at subscribing institutions or other individuals purchasing access to the discussions on a self-pay basis.
10. Invited, approved Premium Content may also be used for revenue generation. When ICAway invites you to write a monograph for the Website, such as a Hiring Success Story or a Career Autobiography or any other “authored” genre, your writing is considered Premium Content, access to which is purchased by subscribing institutions and may also be purchased by individuals in a variety of forms, including online or in downloadable electronic and/or print formats, individually or as part of a compilation – provided that we follow your wishes regarding personally identifiable information, which we will.
11. Any other intellectual property rights not specifically granted to you in these Terms are reserved by ICAway.
12. Respect for Website content. You agree that the Website contains proprietary and confidential information that is protected by U.S. and international intellectual property laws. Except as expressly authorized by us in these Terms or in other written communications from us to you, you agree not to sell, rent, rewrite, copy, modify, redistribute, create derivative works, or otherwise misappropriate any part of the Website or any information presented to you through the Website.
13. Content Enrollment and Lifetime Access. When you enroll in a course or other content, you get a license from us to view it via ICAway Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a lifetime access license, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Plans.
As a student, when you enroll in a course or other content, whether it’s free or paid content, you are getting a license from ICAway to view the content via the ICAway platform and Services, and ICAway is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, ICAway grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by an ICAway authorized representative. This also applies to content you can access via any of our APIs.
We generally give a lifetime access license to our students when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Guidelines. This lifetime access license does not apply to enrollments via Subscription Plans or to add-on features and services associated with the course or other content you enroll in. For example, instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the lifetime access is to the course content but not to the instructor.
Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.
VIII. Intellectual property infringement policy.
1. If you believe that any materials accessible on the Website infringe your copyright (or trademark or other legal rights), you may request removal of those materials from our Website by contacting our officer, Kwan Segal, in writing, at email@example.com or 5732 N. Rockwell St. Chicago, IL, 60659, with the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work or other material claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail address at which you may be contacted;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. We shall then expeditiously investigate and, if warranted, take down or disable access to the material from the Website and notify the original poster of the notification of allegedly infringing material received and of the takedown/disabling, at which point the poster may file with our copyright agent a counter-notification, in writing, as above, with the following information:
a. A physical or electronic signature of the poster;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. A statement under penalty of perjury that the poster has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. The poster’s name, address, and telephone number, and a statement that the poster consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the poster will accept service of process from the complaining party or an agent of such person.
3. In our discretion, we may also take down or disable access to material during our investigation. It is our policy to provide for the termination, in appropriate circumstances, of posters who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other of our or third parties’ intellectual property. While notifications under this policy must be made in writing, you may contact our officer by telephone at (773) 980-9164.
IX. Disclaimer of Website warranties.
THE WEBSITE IS PROVIDED TO YOU “AS IS”. WE DO NOT GUARANTEE THAT THE WEBSITE IS OR ALWAYS WILL BE VIRUS-FREE OR ERROR-FREE OR THAT YOU WILL ALWAYS BE ABLE TO ACCESS THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY IMPLIED WARRANTIES THAT THE WEBSITE, OR THE PREMIUM CONTENT OR ANY OTHER PORTION OR AREA OF IT, IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT ANY SPECIFIC RESULTS WILL BE OBTAINED FROM YOUR USE OF THE WEBSITE, OR THAT THE CONTENT WILL BE RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE HAVE NOT REVIEWED THE CONTENT OF ALL SITES LINKED TO OR FROM OUR WEBSITE, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF ANY OF THOSE SITES AND DO NOT TAKE RESPONSIBILITY FOR THEM OR ENDORSE THEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
X. Limitation of liability.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. THESE EXCLUSIONS APPLY TO, WITHOUT LIMITATION, ANY CLAIMS OF LOST INCOME, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THESE LIMITATIONS, OR ANY OF THEM, ARE INEFFECTIVE, OUR LIABILITY TO YOU IN ALL INSTANCES SHALL BE LIMITED TO THE GREATER OF (I) ONE U.S. DOLLAR, (II) THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO US FOR ACCESS TO THE WEBSITE AND PREMIUM CONTENT, OR (III) THE MINIMUM AMOUNT PERMITTED BY LAW.
XI. Communication between you and ICAway.
XII. Suspension and termination.
You agree that we may, without prior notice, discontinue, suspend, or modify, temporarily or permanently, the Website or any part thereof (for example, the Website may be shut down temporarily to install a software upgrade, or a new feature). We may suspend or terminate your right to access the Website when, in our sole discretion, you have violated or threatened to violate these Terms or disrupt the Website, our vendors, or your fellow members.
These Terms shall be interpreted in accordance with the laws of the State of Illinois and of the United States of America, without reference to conflicts of law provisions. If any provision of these Terms is deemed to be illegal or unenforceable, such provision shall be deemed stricken from these Terms, and the remaining provisions shall remain in full force and effect. Except as otherwise mutually agreed in a formal written agreement between us, these Terms represent our entire understanding with respect to its subject matter and supersede all prior agreements and understandings between us with respect to its subject matter.
XIV. Dispute resolution.
Any dispute arising from or related to these Terms, the Website, any services we provide, our or your intellectual property, or any other dispute between you and us shall be resolved by binding arbitration in Cook County, Illinois, before one arbitrator, to be administered by JAMS, unless the matter involves claims for equitable relief or damages in excess of $30,000, in which case the matter shall be heard by a panel of 3 arbitrators. The dispute shall be subject to and governed by the laws of the State of Illinois without regard to its conflict of law principles. Judgment upon any award may be entered in any court of competent jurisdiction. You hereby irrevocably and unconditionally consent to this jurisdiction. Each party shall initially bear its own attorneys’ fees and costs, including costs of arbitration. The prevailing party in any legal proceeding shall be entitled to an award of its attorneys’ fees and costs, including costs of arbitration.
Any notice required or allowed to be given to any other party under these Terms shall be effective only when given in writing (including email) and when actually received by a party.
XVI. Changes to These Terms.
These Terms may be changed from time to time without notice other than the new version being posted on the Website, which shall be considered effective notice when posted. If significant changes are made, we may elect to mention these in the Forums, but it is your responsibility to check for updates.
XVII. Notice to Visitors Outside the United States.
XVIII. Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
You are solely responsible for the confidentiality and use of and access to ICAway Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify ICAway if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any ICAway Content. You will provide ICAway with accurate, complete registration information and inform ICAway of any changes to such information. For the purpose of confirming your compliance with these Terms, ICAway reserves the right to monitor and record activity on the Site and Digital Applications, including access to ICAway Content.
Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. ICAway does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
If you have any questions about this policy, please ask.
2. Access by Search Engines. Because the privacy of individual user identities is important to us, we have requested that Internet search engines not “crawl” the members-only pages of the Website. Those pages are protected by the user account login. In addition, they are “no-index” and “no-archive,” which means that search engines should not crawl, index, or archive anything posted in members-only areas, including Forum posts, user profiles, and premium content submissions.
3. Personal Information. Generally, we collect all required and optional personal information which users provide to us during the site registration process (such as real name, email address, and academic discipline), or in any other communications with us. Our intention at all times is to keep personal information private. It is stored on our servers or those of our vendors and may occasionally be used by us to identify individual users should there be a legitimate, reasonable need. For example, when an individual user violates the Code of Conduct embodied in the Terms of Service for Individuals, we will look up that user’s name and email address in our database in order to communicate directly with him or her. Another example: when seeking to identify potential authors, we may search the database for members meeting certain criteria such as academic discipline and work status, then reach out to those individuals personally with an invitation specific to them (not a mass email). The personal information of individual users will not be shared with subscribing institutions, except pursuant to subpoena, court order, or if required by law. Likewise, students’ education records are not provided to us by subscribing institutions (except pursuant to subpoena, court order, or if required by law) and we are not an official or representative of any university; therefore, the provisions of the Family Educational Rights and Privacy Act do not apply to us. The protection of users’ personal information is important to us. We follow generally accepted industry standards to protect personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure or failsafe. Therefore, while we strive to use commercially reasonable means to protect personal information, we cannot and do not guarantee absolute security. We are not responsible for the unauthorized acts of others and assume no liability for any disclosure of information due to errors in transmission, unauthorized third-party access (such as through hacking or theft of computers) or other acts or omissions of third parties, or for acts or omissions beyond our reasonable control.
4. Non-Personal Information. Non-personal information such as Internet domain and host names, IP addresses, browser software and version, operating system and version, click patterns, and the dates and times that the Website is accessed by individual users may be collected using analytic technologies (e.g., Google Analytics). We may disclose non-personal information, in aggregate form, to potential strategic partners, advertisers, investors, users, third parties with whom we may contract (e.g., programmers), and others. Individual users may not opt out of the sharing of this information, except by choosing not to use the Website or our services.
5. Disclosure of Personal Information to Third Parties. Again, ICAway is committed to protecting user identities. We will only disclose users’ personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party, or where we in good faith believe we are required to do so by law (such as in complying with a subpoena or court order). That said, we may contract with various third parties who help us provide, maintain, and improve the Website and the services we provide, and such third parties may have access to your personal information in order to perform their services. For example, we may use a third party to serve functions such as payment processing, content creation, information verification, production, order fulfillment, analytics, reporting, or other operations. We may contract with third-party contractors to help us manage, monitor, and optimize the Website and the services we provide. We may also use third-party contractors to help us measure the effectiveness of our advertising and communications. We may disclose user personal information to our successors and assigns, as well as to a purchaser or licensee of all or a portion of the Website or of International Career Advisory, Inc. in the event that it is sold, merged with another entity, or licensed.
8. Reviewing and Changing Personal Information. Individual users may review and change their personal information anytime simply by visiting their profile, reviewing it, and making the desired changes. Individuals and institutions may obtain a copy of and/or request changes to any information that is not part of a user profile by emailing us at ksegal@ICAway.com. They will, of course, be required to provide proof of their identity. For individuals who no longer want to access or use the Website, they may either just stop using it or visit their profiles and delete their accounts.
9. Communications. ICAway complies with the CAN-SPAM Act in its communications with its users. Controls for the user profile include opt-in/opt-out settings for notifications and messages.
11. Age of Consent. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
13. Siteground. Our site is hosted by SG Hosting Inc. (“Siteground”). They provide us with the online course creation platform that allow us to sell our product/services to you. Your data is stored through Siteground’s data storage, databases and the general Siteground application. They store your data on a secure server behind a firewall.
14. Payment. If you make a purchase on our site, we use a third party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.For more insight, you may also want to read Siteground’s Terms of Service here https://www.siteground.com/viewtos/privacy_policy
15. Security. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
16. Cookies. We collect cookies or similar tracking technologies. This means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.
- Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
- We may also use automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
- Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
17. Web Analysis Tools. We may use web analysis tools that are built into the ICAway website to measure and collect anonymous session information.
18. Disclosure. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service (https://icaway.thinkific.com/pages/terms)