Terms And Conditions



1. Introduction


1.1 Purpose


Career Day 365 is a career readiness nonprofit that connects professionals with students for the purposes of career mentoring primarily through mobile and web technologies. Students are provided safe online access to professionals’ profiles, allowing students to search and view unique career journeys, and ask specific questions in an access-controlled environment.


Our goal is to provide broader access to professional networks in order to give more career insights, options, and information to students, who otherwise would only receive career advice from sources such as web articles, print sources, or a small number of individuals.


Our mission is to bridge the information gap that typically exists between professionals and students. Career Day 365 increases the likelihood that our students will be the next generation of productive and successful leaders within their communities and chosen professions. Today's career professionals hold the keys to success that can provide many right paths for students seeking career advice.


1.2 Agreement


You agree that by clicking "Join Now" "Join Career Day 365", "Sign Up" or similar, registering, accessing or using our services (including Career Day 365, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, "Services"), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).


This "Agreement" includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as starting a "Group," or downloading one of our software applications or purchasing advertisements), as may be amended by Career Day 365 from time to time. If you do not agree to this Agreement, do NOT click "Join Now" (or similar) and do not access or otherwise use any of our Services.


Registered users of our Services are "Members" and unregistered users are "Visitors". Registered users include professionals, students, and educators. This Agreement applies to both registered and unregistered users.


You expressly acknowledge and agree that you are participating voluntarily in the Services and that Career Day 365 is not responsible for your actions or the actions of other Members.


2. Obligations


2.1 Service Eligibility


To use the Services, you agree that: (1) you must be the "Minimum Age" (defined below) or older; (2) you will only have one Career Day 365 account, which must be in your real name; and (3) you are not already restricted by Career Day 365 from using the Services.


"Minimum Age" means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Career Day 365 to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.


2.2 Your Membership


As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.


2.3 Payment


If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:



  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

  • You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.

  • You must pay us for applicable fees and taxes unless you cancel the paid service, in which case you agree to still pay these fees through the end of the applicable subscription period.

  • Taxes are calculated based on the billing information that you provide us at the time of purchase.


2.4 Notices and Service Messages


You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.


Please review your Career Day 365 settings to control and limit what kind of messages you receive from us.


2.5 Messages and Sharing


Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, and blogs. Other Members may see information and content that you share or post. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g, limiting your profile visibility).


We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.


2.6 Training Modules


You agree to complete the required Career Day 365 Training Modules as instructed by Career Day 365 during creation of your User Profile and before beginning your first interaction. You acknowledge that Career Day 365 may periodically require that members complete new training modules within a specified period of time to continue participation in the Services.


3. Rights and Limits


3.1 Your License to Career Day 365


As between you and Career Day 365, you own the content and information that you submit or post to the Services and you are only granting Career Day 365 the following non-exclusive license: A worldwide, non-exclusive, royalty-free, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:



  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

  • We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information.

  • We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members may access and share your content and information, consistent with your settings and connection with them.

  • While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.


You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings. By submitting suggestions or other feedback regarding our Services to Career Day 365, you agree that Career Day 365 can use and share (but does not have to) such feedback for any purpose without compensation to you.


You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Career Day 365 may be required by law to remove certain information or content in certain countries.


3.2 Service Availability


We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.


Career Day 365 is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy


3.3 Other Content, Sites, and Apps


By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Career Day 365 generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.


You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Career Day 365 account, that app or site can access information on Career Day 365 related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Career Day 365 is not responsible for these other sites and apps -- use these at your own risk. Please see our Privacy Policy.


3.4 Limits


Career Day 365 reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Career Day 365 reserves the right to restrict, suspend, or terminate your account if Career Day 365 believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).


Career Day 365 reserves all of its intellectual property rights in the Services. For example, Career Day 365, and Career Day 365 logos and other Career Day 365 trademarks, service marks, graphics, and logos used in connection with Career Day 365 are trademarks or registered trademarks of Career Day 365. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.


4. Disclaimer and Limit of Liability


4.1 No Warranty


TO THE EXTENT ALLOWED UNDER LAW, CAREER DAY 365 (AND THOSE THAT CAREER DAY 365 WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.


SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.


4.2 Exclusion of Liability


TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CAREER DAY 365 HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), CAREER DAY 365 (AND THOSE THAT CAREER DAY 365 WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).


IN NO EVENT SHALL THE LIABILITY OF CAREER DAY 365 (AND THOSE THAT CAREER DAY 365 WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $100.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAREER DAY 365 BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS. TO THE EXTENT A COURT OF COMPETENT JURISDICTION FINDS CAREER DAY 365 LIABLE FOR ANY OF THE FORGOING, CAREER DAY 365’S AGGREGATE LIABILITY SHALL NOT EXCEED US$100.00.


THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CAREER DAY 365 AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF CAREER DAY 365 HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.


SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.


4.3 Background Checks


CAREER DAY 365 DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. You agree to use the services at your own risk and discretion.


4.4 Security and Monitoring


By using our Services you are aware that Career Day 365 does not provide and does not represent or warrant that it provides or will in the future provide or continue to provide any security or monitoring services or devices for the protection of you or other users using the Services. To the extent that Career Day 365 maintains such services and devices, they are maintained solely for the protection of Career Day 365 properties and assets. Career Day 365 does not assume by reason of such services and devices, and expressly disclaims, any duty to protect you or other users.


4.5 Indemnification


You agree to defend, indemnify and hold Career Day 365 and its Professional members, affiliates, and their respective members, managers, partners, officers, employees, contractors and agents, harmless from and against any and all costs, losses, damages, judgments and expenses (including reasonable attorneys’ fees) (collectively, "Losses") incurred in connection with any third-party claim or demand that arises out of or relates to your: (i) use or attempted use of the Site, Sessions or Services in violation of this agreement; (ii) violation of any law or rights of any third party; or (c) information that you Post or otherwise make available on the Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.


5. Termination


Career Day 365 or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:



  • Our rights to use and disclose your feedback;

  • Members' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;

  • Sections 4, 6 and 7 of this Agreement;

  • Any amounts owed by either party prior to termination remain owed after termination.


6. Dispute Resolution


You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services.


If any provision of this Agreement is invalid or unenforceable for any reason, it shall be deleted and the remaining provisions shall continue in full force and affect. Each party hereto agrees to waive its right to a jury trial. Further each party agrees to bring any claim under this agreement within one (1) year from the date the claim arose. Each party acknowledges that neither party will bring, or participate in, any class action or other class proceeding in connection with any dispute with the other party. Further, neither party agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).


7. General Terms


If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.


If we don't act to enforce a breach of this Agreement, that does not mean that Career Day 365 has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Career Day 365 may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.You agree that the only way to provide us legal notice is at the addresses provided in Section 10.


8. Career Day 365 "DOs" and "DON'Ts."


8.1. Dos. You agree that you will:



  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Provide accurate information to us and keep it updated;

  • Use your real name on your profile;

  • Use the Services in a professional manner.


8.2. Don'ts. You agree that you will not:



  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

  • Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Career Day 365);

  • Disclose or post information about your specific location.

  • Mentors only: Use an image that is not your likeness or a head-shot photo for your profile;

  • Educators only: Provide membership access or create accounts for students who are not in the educator’s class or attend the educator’s educational institution or organization.

  • Educators only: Provide membership access or create accounts for anyone who intends to use the services for anything other than educational purposes, or for anyone who intends to use the services in an unlawful manner.

  • Create a false identity on Career Day 365;

  • Misrepresent your current or previous positions and qualifications;

  • Misrepresent your affiliations with a person or entity, past or present;

  • Misrepresent your identity, including but not limited to the use of a pseudonym;

  • Create a Member profile for anyone other than yourself (a real person);

  • Use or attempt to use another's account;

  • Harass, abuse or harm another person;

  • Send spam or other unwelcomed communications to others;

  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

  • Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));

  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

  • Violate the intellectual property or other rights of Career Day 365, including, without limitation, using the word “Career Day 365” or our logos in any business name, email, or URL except as approved in writing by Career Day 365.

  • Use Career Day 365 invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;

  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Career Day 365;

  • Send messages to distribution lists, newsgroup aliases, or group aliases;

  • Post anything that contains software viruses, worms, or any other harmful code;

  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;

  • Create profiles or provide content that promotes escort services or prostitution.

  • Creating or operate a pyramid scheme, fraud or other similar practice;

  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);

  • Copy or use the information, content or data on Career Day 365 in connection with a competitive service (as determined by Career Day 365);

  • Copy, modify or create derivative works of Career Day 365, the Services or any related technology (except as expressly authorized by Career Day 365);

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;

  • Imply or state that you are affiliated with or endorsed by Career Day 365 without our express consent (e.g., representing yourself as an accredited Career Day 365 trainer);

  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;

  • Sell, sponsor, or otherwise monetize a Career Day 365 Group or any other feature of the Services, without Career Day 365's consent;

  • Deep-link to our Services for any purpose other than to promote your profile or a Group on Career Day 365, without Career Day 365's consent;

  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;

  • Remove, cover or obscure any advertisement included on the Services;

  • Collect, use, copy, or transfer any information obtained from Career Day 365 without the consent of Career Day 365;

  • Share or disclose information of others without their express consent;

  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;

  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

  • Monitor the Services' availability, performance or functionality for any competitive purpose;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

  • Access the Services except through the interfaces expressly provided by Career Day 365, such as its mobile applications, CareerDay365.com, and/or CareerDay365.org;

  • Override any security feature of the Services; and/or

  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).


9. Complaints Regarding Content and Copyrights


We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.


9.1 Complaints regarding content posted on the Career Day 365 website


Career Day 365 respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our Terms and Conditions requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Career Day 365 provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.


Please note that whether or not we disable access to or remove content, Career Day 365 may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that Career Day 365 has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.


Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.


9.2 Claims regarding copyright infringement


Notice of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Career Day 365 has implemented procedures for receiving written notification of claimed infringements. Career Day 365 has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:



  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description specifying the location on our website of the material that you claim is infringing;

  • Your email address and your mailing address and/or telephone number;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Please contact us by mail at:
Career Day 365
ATTN: Copyright Agent
Legal Department
PO Box 193236
San Francisco, CA 94119


Counter-Notice:


If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:



  • Your physical or electronic signature;

  • Identification of the material removed or to which access has been disabled;

  • A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;

  • Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in San Francisco county, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.


Please mail your Counter-Notice to Career Day 365’s Copyright Agent to the address specified above.


10. How To Contact US


Online at: Contact us

Career Day 365
PO BOX 193236
San Francisco CA, 94119