LANDINGJOBS TERMS OF USE

Last updated: May 1st, 2009

The LANDINGJOBS WEBSITE AND PROGRAM IS OWNED AND OPEARTED BY VESTOPIA, INC ("LandingJobs").PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING ANY LANDINGJOBS WEBSITE YOU AGREE TO ABIDE BY THE TERMS OF USE ("AGREEMENT") BETWEEN YOU AND LANDINGJOBS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE LANDINGJOBS WEBSITE.

You hereby acknowledge and agree as follows:
LandingJobs and its licensors reserve the right to make changes or modifications to the LandingJobs Website and this Agreement. Display of notice of changes online at the LandingJobs Website where you access the LandingJobs Website shall constitute effective notice under this Agreement on the day LandingJobs places the changes on line on its website, and your continued use of the LandingJobs Website thereafter shall constitute your acceptance of such changes or modifications.

I. License Grant.
Vestopia, Inc. ("LandingJobs") grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the LandingJobs Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in the Agreement.
The LandingJobs Website. The "LandingJobs Website" includes, as applicable and without limitation:

A. LandingJobs' on-line computer system including all electronic databases and services accessed by or through LandingJobs' on-line computer system, including the Community as defined below, and individual items within those databases or services which may constitute independent works of authorship;
B. all documentation, including user manuals, operations manuals and the like provided to you by or for LandingJobs, for use in connection with the on-line computer system; and
C. any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by LandingJobs or obtained through LandingJobs' on-line computer system (collectively referred to herein as "information").

II. Ownership, Use and Intellectual Property Rights.
The LandingJobs Website is the valuable, exclusive property of LandingJobs or its licensors, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use the LandingJobs Website, as long as you comply with the terms of this Agreement or until LandingJobs terminates this Agreement or your access rights. Ownership of the LandingJobs Website, and any documentation or information, shall remain at all times with LandingJobs or its licensors. The LandingJobs Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in the LandingJobs Website belong to LandingJobs or its licensors.
If LandingJobs provides you with an access identification, you may not allow concurrent use of the LandingJobs Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the LandingJobs Website. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the LandingJobs Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only, the information received or accessed through the LandingJobs Website pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of LandingJobs, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the LandingJobs Website, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All rights not granted to you herein are expressly reserved by LandingJobs or its licensors. LandingJobs and its licensors reserve all rights to enforce their copyright and intellectual property rights.

III. Termination.

A. This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:

1. immediately by LandingJobs for any unauthorized access or use by you, including, without limitation: concurrent access of the LandingJobs Website by multiple users utilizing identical user identification numbers; permitting another person or entity to use your user identification number to access the LandingJobs Website; or any other access or use of the LandingJobs Website except as expressly provided in this Agreement;
2. immediately by LandingJobs if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
3. immediately by LandingJobs if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, the LandingJobs Website;
4. immediately by LandingJobs if you transmit or receive using the LandingJobs Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity (LandingJobs, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. immediately upon discontinuance of the LandingJobs Website by LandingJobs; or
6. immediately by LandingJobs if you violate any of the other terms and conditions of this Agreement.

B. Termination or cancellation of this Agreement shall not affect any other right or relief to which LandingJobs may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of this Agreement:

1. all rights granted to you will terminate and revert to LandingJobs;
2. as requested by LandingJobs, you agree to erase and destroy any copies of the LandingJobs Website you have made; and
3. you agree to certify to LandingJobs your compliance with these requirements in writing upon LandingJobs' request.

THE PROVISIONS CONTAINED IN THE LIABILITY OF THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL LandingJobs OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE LANDINGJOBS WEBSITE OR THE COMMUNITY WEBSITE.

IV. Monitoring.
You acknowledge that LandingJobs reserves the right to, and that LandingJobs may from time to time choose to, monitor any and all information transmitted or received through the LandingJobs Website. LandingJobs, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which LandingJobs deems inappropriate (such as that specified in subparagraph (4) of the Termination paragraph above,) or that LandingJobs determines violates any term or condition of this Agreement.

V. LandingJobs Community.
The LandingJobs Community (the "Community") helps you get insight, exchange ideas and connect online with other participants who use LandingJobs through integration with 3rd party social networks. We believe the Community is a valuable place for LandingJobs students to exchange information and learn from one another.
By participating in this Community, you are agreeing to adhere to these Terms of Use. Any failure to adhere to these standards may lead to disciplinary action, which may include the termination of your rights to participate in our Course and other features.
The Community is for users that are at least 18 years of age. The Community is an English language online community geared towards users of LandingJobs products that were purchased in the United States for use in the United States. The Community is governed by United States law and by the respective terms of these 3rd parties. Although persons in other countries are welcome to participate in the Community, the advice and discussion are intended for use by persons in the United States.
Registration. You are required to provide consent to integrate your 3rd party social community profiles, data and updates and thereby access the Community feature and read the messages. We may refuse to grant to you, and you may not use, the community feature if you violate the intellectual property or other rights of any person or company or that we reject for any other reason at our sole discretion. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your name. If you become aware of any unauthorized use of your profile or of 3rd party accounts, you agree to notify LandingJobs immediately at support@LandingJobs.com
You agree that all information provided in your 3rd party social network profiles is accurate, true and complete. We may terminate your registration if any of the information you provide through these 3rd parties is found to be inaccurate, false or incomplete.
A. No Advice
We DO NOT provide investment advice. Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Each member is responsible for conducting his/her own analysis on particular investments and making his/her own investment decisions. Under no circumstances can any member of the Community or LandingJobs or any affiliate of LandingJobs be held responsible for a trading decision made by another person.
4. Restrictions on Content
All Community members shall be responsible for conducting their Community related activities in compliance with all applicable laws, rules and regulations. In addition, Community members are expected to act with a professional demeanor. Do not make postings on your 3rd party social network that:

(a) Contain profanity;
(b) Contain racist, sexist or homophobic comments;
(c) Harass or stalk any person;
(d) Contain defamatory statements or personal attacks on others;
(e) Disrupt other user's enjoyment of the Community;
(f) Are made under another person's name or impersonate anyone;
(g) Contain personal details or private information about any other person, including LandingJobs' employees (or otherwise violates our Privacy Policy);
(h) Breach any intellectual property rights law or discuss how to commit illegal acts;
(i) Contain commercial advertising or promotions or junk mail of any kind;
(j) May be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
(k) Contain viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software of hardware;
(l) Interfere with the operation of the Community, such as broadcast attacks, attempt to overload the system;
(m) Attack LandingJobs or other users or Group Leaders of the Community;
(n) Violate U.S. export laws; or
(o) Encourage illegal activity of any kind.

We also ask that you not post when you do not know the answer. This will help avoid postings containing incorrect or misleading answers. We also encourage you to avoid postings that others may find insulting.
5. Communicating with LandingJobs
The use of 3rd party social networks is not an appropriate environment to express concerns about LandingJobs Online, its partners or services. Constructive feedback regarding LandingJobs services can be submitted to support@LandingJobs.com. Feedback regarding the website, its use or application can be submitted to suggestions@LandingJobs.com. Postings on 3rd party social networks do not constitute notice to LandingJobs for any purpose. No member is authorized to provide official responses to questions on behalf of LandingJobs.

VI. Delays in Services; Force Majeure.
Any delays in or failure of performance by LandingJobs or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond LandingJobs' control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. LandingJobs shall have no responsibility to provide you access to the LandingJobs Website while interruption of the LandingJobs Website due to any such or similar cause shall continue.

VII. Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to access the LandingJobs Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay LandingJobs for your use of the LandingJobs Website, and be billed in accordance with your access to the LandingJobs Website. You are responsible for operating your own equipment and for familiarity with the information used with or available through the LandingJobs Website. LandingJobs reserves the right to refuse assistance or to charge additional fees if you seek assistance from LandingJobs with respect to such basic background information or any other matters not directly relating to the operation of the LandingJobs Website. Neither LandingJobs nor its licensors shall have any responsibility to provide you with alternate access to the LandingJobs Website if your access is interrupted due to a breakdown or failure of your equipment.

VIII. Warranty Disclaimer.
You acknowledge that the information provided through the LandingJobs Website is compiled from sources, which are beyond the control of LandingJobs. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, you acknowledge that inaccuracies may occur and LandingJobs and its licensors do not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by LandingJobs and its licensors for your personal information only, and is not intended for trading purposes. Information on this site is does not constitute advice (investment, financial, tax, or legal) nor does such information include recommendations regarding particular financial instruments, investments or products. Neither LandingJobs nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. LandingJobs makes reasonable efforts to obtain reliable content from third parties, but LandingJobs does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The LandingJobs Website may point to other Internet sites that may be of interest to you, however, LandingJobs does not endorse or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE LandingJobs WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. LANDINGJOBS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, LandingJobs AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:
A. THAT THE LandingJobs WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
B. THAT THE ACCESS OR USE OF THE LANDINGJOBS WEBSITE WILL BE ERROR-FREE OR
C. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE LANDINGJOBS WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.

IX. Limitation of Liability; Disclaimer of Consequential Damages.
NONE OF LANDINGJOBS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE LandingJobs WEBSITE OR ITS CONTENT.
YOU ALSO AGREE THAT LANDINGJOBS AND ITS AFFILIATES (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LandingJobs WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF LANDINGJOBS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF LandingJobs OR ITS AFFILIATES BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF LANDINGJOBS OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT LandingJobs WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE LANDINGJOBS WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD LANDINGJOBS HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

X. Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDINGJOBS, ITS AFFIALIATES AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE LandingJobs WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE LANDINGJOBS WEBSITE.

XI. Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the LandingJobs Website and access software or information about the LandingJobs Website and access software that may be imposed from time to time by the government of the United States of America. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the LandingJobs Website and access software.

XII. No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the LandingJobs Website, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of LandingJobs.

XIII. Attorney's Fees.
If LandingJobs takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, LandingJobs shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XIV. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Delaware, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the LandingJobs Website contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in New York, New York, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Delaware as your agent for service of process.

XV. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

XVI. Entire Agreement.