Effective as of May 12, 2019
ArcVida provides career coaching and support to guide people to find and land a job that will launch or re-launch a professional career they love.
In this document, the ArcVida, Inc. Terms of Service (“Terms”), we describe the terms under which we deliver our services and you access our services. These Terms are the legally-binding contract, between you, as our client and us, as a company. Please read them carefully. If you do not agree with the Terms, please do not register as our client or use our Services.
By registering, buying, accessing, and using ArcVida’s Service over our proprietary platform, live conference calls and/or online network, you are agreeing to be bound by these Terms of Service provided by ArcVida. By agreeing to the Terms and registering for a service, you are entering into this contract with ArcVida, Inc. which remains in effect for as long as you access or use any service components.
When you are using the Service, you are agreeing that you are one individual and are using it only to meet your personal career goals. These Terms do not allow any individual to use any parts of ArcVida’s Service – including but not limited to: videos, written client or marketing content, recorded or live advice, or online network – to benefit any private or public, for-profit or non-profit organization, now or in the future. If any individual in any organization wants to use any piece of our Service for non-personal use, that organization must have a separate, paid contract in effect. In that case the terms of that separate contract will govern the individual/organization use of our Services instead of these Terms.
We reserve the right to modify these Terms. We will post the most current version of these Terms at https://arcvida.com (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using our Service and cancel your account by email to email@example.com. Your continued use of our Service after we publish or notify you of changes to these Terms means that you are consenting to the updated terms.
A. Do Not Share Our Materials
You agree not to use any Service methodology or materials for a volunteer or professional venture without written agreement from ArcVida. You agree not to share or disclose Service materials including screen shots or recordings of any Service materials, your account access to platform or network, or live session dial-in or recording with any other entity, company, or person who is, or could become, a competitor or customer of ArcVida. This means that you agree not to share videos, exercise questions, and service methodology with ArcVida’s potential customers or competitors. We encourage you to discuss personal learning, goals, motivations, career plans, networking and other topics related to completing the Service, procuring a job, or sharing personal success with anyone you know.
B. Mental Health Referral
ArcVida does not provide mental health services. If, in the rare event that during the Service, a coach or mentor refers you to a certified mental healthcare professional, you agree to take this referral seriously. Any medical treatment is compatible with you continuing to use ArcVida’s Service. If your mental health becomes a barrier for your successful use of the Service, we will pause your account at our discretion.
C. Consent to Electronic Communication
By registering with ArcVida to sign up for paid Services, you understand that we may send you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; and (c) promotional information and materials regarding our services.
Notices emailed to you will be considered given and received when the email is sent. If you don't consent to receive notices (other than promotional materials) electronically, you must stop using the Services.
While you use our Services, ArcVida may share information with you that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps or designs or architecture, technology and technical information, provide you with business and marketing plans, or share with you our business processes, these should always be considered confidential to ArcVida.
Similarly, we agree that your credit card/banking information (which we do not collect or store), and identifying information contained in your account is confidential to you. Payments to ArcVida are processed by Stripe, so we are bound by its terms of service: https://stripe.com/us/legal
Also, if you provide any documents to ArcVida that are labeled “confidential” (or something similar),or provide information (either in writing or verbal) that a reasonable person should understand to be confidential, such information is to be treated as confidential information.
You agree with us that we will treat each other’s confidential information and Content with the same amount of care that we each treat our own confidential information and will share specific confidential information (or that which can be specifically related to one specific client) with others who need to know. ArcVida coaches and your own professional mentor(s) may access and reference your information and Content in order to provide service to you. ArcVida coaches and service creators may access and reference your information and Content to improve existing service flow, efficacy or usability; we agree to take every precaution to protect your Content and only access your complete information as absolutely needed. You also agree not to share any information with any third party, except as allowed through these Terms or through using the Services.
All contents of our website and Services including but not limited to ArcVida trademarks, service marks, tradenames, logos, slogans, copyrighted material, design, text, software, assessments, configurations, graphics, other files, and their selection and arrangement, and ArcVida Confidential Information belong exclusively to ArcVida Inc. and/or its affiliates.
ArcVida, Inc. owns and reserves all rights, title and interest in and to the Services and all trademarks, service marks, tradenames, logos, slogans, copyrighted material, design, text, software, assessments, configurations, graphics, other files, and their selection and arrangement, and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and ArcVida Confidential Information. No title to or ownership of any proprietary or intellectual property rights related to the Services or ArcVida Confidential Information is transferred to you pursuant to these Terms.
We provide technology-enabled career guidance through our From Here to Hired Service. We also provide private coaching. This section details Terms specific to each of those offerings.
ArcVida delivers early-career coaching using an online platform and online tools and services. Our Service (“Service”) allows people to find and land a job to launch (or re-launch) a career they will love. Since all of our Service components are online, clients can access them through Internet browsers or applications on personal devices including computers, laptops, tablets, and smartphones.
Using our Service requires you to obtain an account by completing a registration form and designating a user ID and password. You agree to create a password to your account that is different than any other password. When registering with ArcVida you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.
Our service is designed for individuals who have earned bachelors or masters degrees within the last seven (7) years, are eligible to work without employer sponsorship in the United States, and are actively seeking a full-time job. If any of the information you provide during registration is not true, current and complete, we may terminate your account and will not refund any portion of the purchase amount.
A. Posting Online
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Service. Only you may use your ArcVida account and you are responsible for your account. If you become aware of any unauthorized use of the Services or of your account or have any questions about your account, please contact an ArcVida host via private message on our online network.
B. Respect & Professionalism
You agree to operate with mutual respect and conduct yourself with professional behavior. You agree to support and foster a positive environment – in the online network, in live calls, or in any other communication between ArcVida, you and other clients. You agree to avoid using profanity, racist, bigoted or other discriminatory terms, and not to send or post violent or offensive pictures or statements (hate speech, political, sexual, sexist, or religious) on any Service call or online forum. You will also avoid actions that could be intended to willfully harm, anger, or offend any client. ArcVida retains the right in its sole discretion to remove any material that violates this provision.
C. Pausing the Service
In cases of extreme health issues, we will consider your request to pause the Service.
We call all the electronic information, text, pictures and documents that you upload and share on your account (online platform or network) “Content.” All Content uploaded by you into your account is yours! We don't control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content you place in your ArcVida account and share through the Service and (b) making sure that you have all the rights you need to the Content. You agree not to share others’ private or confidential information on your account. In addition, by storing, using or transmitting Content you cannot and will not violate any law, including the intellectual property rights of third parties, or these Terms. Please note that if we receive a complaint from a copyright owner under the Digital Millennium Copyright Act, we may be obligated to remove your Content.
You agree to assign ArcVida the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law. Occasionally we may ask your permission to share something you wrote or created more broadly.
You agree that you will not harm the Services (i.e. online platform or network) or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or ArcVida and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service; (f) use the Services to violate any law to distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the rights to or is illegal.
As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to terminate your account, and/or to remove you and your Content from our network or from live sessions.
We also reserve the right to change and/or require you to change your ArcVida user ID or password.
The Service terminates after you procure a full-time job and complete activities in the final module. You will communicate with us via private message on the online network to a host when you are ready to end the Service. ArcVida retains the right to suspend or terminate your account, at our sole discretion, if you violate the Terms or if our methodology is not working for you, with refunds according to our Refund Policy. You agree to read and abide by our Refund Policy.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms. You must make such request within 14 days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.
We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend the Service while we make technical changes, with prior notice to you, via the online Network or email.
In the future, we may change to a different provider for the online network or add additional third-party services.
We value your input and want to improve your experience when possible. We encourage you to provide frequent Service feedback, via private message to a host on the online network. If you provide comments, suggestions and recommendations to ArcVida about our Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to ArcVida and it shall become ArcVida’s exclusive property to exploit or to not exploit, as ArcVida solely deems appropriate, without necessity for remuneration or attribution to you. If we don’t implement a suggestion, please don’t take it personally. We still appreciate all Feedback.
ArcVida delivers private career coaching via online meeting or telephone. Our private coaching is designed for people who are actively searching for a new role. We partner with you to achieve specific career results.
Occasionally, we may seek beta testers to help us test our new features or services. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Service”). Beta Services may not be ready for sale or public release, so they are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. If, or when, you encounter any faults with our Beta Services, we want to hear about them; our primary reason for running any beta programs is identify and fix issues before making a new feature or Service widely available.
THIS IS NOT A JOB-PLACEMENT SERVICE. WE DO NOT GUARANTEE THAT YOU WILL FIND FULL-TIME EMPLOYMENT USING THIS SERVICE.
TO THE EXTENT NOT PROHIBITED BY LAW, ARCVIDA AND ITS ASSOCIATED PROFESSIONAL MENTORS (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ARCVIDA, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, MENTORS, ADVISORS, OR SUPPLIERS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST WAGES, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ARCVIDA HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF ARCVIDA AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
You agree that the Terms, and your relationship with ArcVida, Inc. will be governed by the laws of the State of California, U.S.A. regardless of conflict of laws principles. We both agree that all of these claims can only be litigated in the federal or state courts in Los Angeles County, California, and we each agree to personal jurisdiction in those courts.
ArcVida offers paid Services. If you choose to purchase a paid Service, or subscribe to a monthly Service (i.e. continued coaching calls after four months), you agree to pay the fees ("Fees") as quoted to you, less any applicable discounts, when you purchase that Service. You are responsible for all charges related to using the purchased Service. You will pay the Fees in U.S. dollars. We reserve the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration.
When you purchase a Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Service you have selected. We bill (a) at the time of purchase; or (b) if you have elected a subscription service, on a recurring basis. If you have subscribed to a monthly Service (i.e. coaching call continuation) and do not cancel your account, we may automatically renew that Service(s) and charge you for any renewal term. You understand that failure to pay any subscription fees may result in the suspension or cancellation of your monthly Services. We use a third-party payment processor and do not record or store your payment information anywhere.
Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.
Assignment and transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we allow you to do so in writing.
Legal Relationship; No third-party beneficiaries. ArcVida and you are not legal partners or agents; instead, our relationship is that of service provider (career coach) and client. This contract is solely for your and our benefit. It is not for the benefit of any other person.
Waiver. The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.