Terms & Conditions

We, the uSooth Career Scientists, thought the terms and conditions were pretty straight-forward: you pay and take the assessments, we get out the career spectrometer and together we create an accurate career hypothesis for you. The lawyers, whose career sweet spot is to pull together THE RULES, sent us back to the lab. When you pay uSooth, these are THE RULES that apply:

This is a legal agreement ("Agreement") between you and uSooth, LLC, a Pennsylvania limited liability company corporation d/b/a uSooth (“uSooth”), which may be contacted at PO Box 12524, Pittsburgh PA 15241. By accessing the website currently located at uSooth.com (the “Website”), and by paying for or using any of the Services (as defined below) accessible through the Website, you become a user and agree to, and are bound by, the terms and conditions of this Agreement without limitation for as long as you continue to use the Website or Services.

The Website services consist of some or all of the following: (a) career assessment services, (b) career planning  services, (c) introductions to professionals or employers, (d) presentation of report results subject to uSooth scheduling and your convenience, (e) descriptions of careers and (f) email communication with uSooth regarding career selection and decision (collectively, the “Services”). uSooth may offer additional services or revise any of the Services at its discretion, and this Agreement will apply to all additional services or revised Services. uSooth also reserves the right to cease offering any of the Services.

For purposes of this Agreement "you" shall mean either you as an individual, or the business, government entity or entities on whose behalf you are accepting this Agreement and who is afforded all rights and bound by all terms under the Agreement. By using the Services you represent and warrant that you are authorized to accept these terms and conditions and that you have the legal capacity to enter into this Agreement. If you are a minor, it is your obligation to obtain the permission and consent of your parent or legal guardian. If you do not agree to be bound by this Agreement in its entirety, the Services are not licensed to you, and you are not authorized to use or subscribe to them.

AGE ELIGIBILITY: You must be 13 years of age or older to visit or use the Website in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, you must use the Website under the supervision of a parent, legal guardian, or other responsible adult. By visiting the Website or accepting these terms, you represent and warrant that you have reached the age of majority in your jurisdiction.

RESTRICTIONS: Except as expressly set forth in this Agreement, you may not do any of the following, nor permit any third party to do any of the following: (a) use, reproduce, modify or prepare derivative works of any portion of the Website or Services or incorporate any portion of the Website or Services into any other product; (b) transfer, encumber, sublicense, disclose, rent, lease, offer for timesharing or distribute any portion of the Website or Services; or (c) remove, obscure, deface or fail to reproduce in any copy any copyright, trademark or other proprietary rights notice contained in any part of the Website or Services.

EXCLUSIVE USE: Each account is for the use of one person only, for the personal use of the natural person (not an entity) named in the account as the client. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that uSooth is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.

OWNER OR LICENSEE OF PROPRIETARY INFORMATION: You hereby acknowledge and agree that uSooth is the owner or licensee of highly valuable proprietary information, including without limitation, the assessment responses, career recommendation services, career advice and descriptions, and all resulting reports and documents (the “Confidential Information”). uSooth owns or licenses and hereby retains all relevant rights in the Services and Website, including but not limited to, all Confidential Information. You will not post, copy, modify, transmit, disclose, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (a) Confidential Information or (b) other copyrighted material, trademarks, or other proprietary information accessible via the Services or Website without first obtaining the prior written consent of the owner of such proprietary rights.

LICENSE TO POSTED CONTENT: By posting information or content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to uSooth and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Website in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

CONTENT REMOVAL: uSooth reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Website and to any auxiliary location established by uSooth such as a web page located at LinkedIn.com or Facebook.com. uSooth will have the right to remove any such information or material that in its sole opinion violates or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

TERM AND TERMINATION: This Agreement will become effective upon your acceptance of the Agreement by your use of the Website or Services, or payment for the Services, and will remain in effect in perpetuity unless canceled hereunder. Either you or uSooth may cancel your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Without prejudice to any other rights that may be available to it, uSooth may cancel your access to any of the Services for any reason or no reason, without explanation, effective upon sending you notice via email. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event you breach the Agreement, you agree that all fees then paid to uSooth by you will be nonrefundable and all outstanding or pending payments will immediately be due. Upon cancellation, you shall immediately stop using the Services. You may cancel your account by following the steps in the applicable section under "Cancellation at Any Time with No Refund" below.

BILLING: By engaging uSooth to provide the Services, you are expressly agreeing that to pay the agreed fee, any applicable tax and any other charges you may incur in connection with your use of the Services to the payment method you provided during registration (or to a different payment method if you change your account information). Fees will be billed at your registration for the Services. The full amount of the fees will be due upon registration, even in the event uSooth chooses, at its discretion to accept partial or installment payments. If you request a renewal or additional services, uSooth is authorized to bill for the agreed additional amount utilizing the payment method in your account information, unless and until you cancel your membership or unless we cancel your membership as set forth in the “Term and Termination” section. If your payment method reaches its expiration date, your continued use of the Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts.

 

MONEY-BACK GUARANTEE: Should uSooth, for any reason, fail to deliver the Services after payment in full is received, and thirty (30) days written notice is received by uSooth from the customer, then payment will be returned to the customer, less the cost of any assessments and handling charges incurred by uSooth (not to exceed $100). The terms of this money-back guarantee are subject to the terms of this Agreement.

CANCELLATION AT ANY TIME WITH NO REFUND: Except as otherwise stated in this section, you may cancel the Services at any time by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and requesting that the Services be canceled. In such case, only the assessment results and documentation prepared by uSooth available upon the date of your cancellation request will be distributed to you, and you will not receive any refund for any unused Services. Please note that if you paid for Services using a multi-part payment option, you may only cancel the Services after the final payment has been paid.

YOUR RIGHT TO CANCEL: You may cancel this Agreement, without penalty or obligation, if notice of cancellation is given, in writing, within 3 business days of payment. To cancel this Agreement, just send an email to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it or deliver a signed and dated copy of the following cancellation notice or any other written notice of cancellation to uSooth, LLC at PO Box 12524, Pittsburgh PA 15241, NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT.

 
"CANCELLATION NOTICE – I hereby cancel my contract with uSooth and waive all rights to the Services as stated in the Agreement. Dated: _______________, Customer's Signature: _____________________, Customer’s email address: ______________________; Customer’s telephone number: _________________"

NO OWNERSHIP RIGHTS: You understand and acknowledge that you have no ownership rights in the Services or the resulting products, and that if you cancel this Agreement, your information from the Website and retained in the Services, including careers, workbook, career research and transition plans, will be marked as deleted in uSooth’s databases and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through uSooth’s web servers. In addition, third parties may retain cached copies of your information.

USOOTH CLIENT ACCOUNT AND RENEWALS: Absent cancellation by either party, uSooth will provide access to the client account for a period of 12 months. In order to provide continuous service, uSooth automatically renews all accounts for Services 24 hours before such accounts expire. Such renewals will renew on a monthly basis after expiration of the annual period for a monthly maintenance fee. We always communicate renewal periods and the cost to the maintenance fee to you at the email address in your account and in the body of any special promotions. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals unless you have notified us of a cancellation. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation at Any Time with No Refund" above, 24 hours before your membership expires.

WEBSITE CONTENT: The Website and Services may contain inaccuracies or typographical errors. uSooth makes no representations about the accuracy, reliability, completeness or timeliness of the Website or Services. The use of the Website and the Services is at your own risk. Changes are periodically made to the Website and may be made at any time.

DISCLAIMER OF WARRANTY: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. USOOTH PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USOOTH DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. USOOTH DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE RESULTS, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

LIMITATION OF LIABILITY: IN NO EVENT SHALL USOOTH BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USOOTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USOOTH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE WEBSITE OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT OF THE FEE RECEIVED BY USOOTH, OR IF YOU HAVE NOT PAID USOOTH FOR THE USE OF ANY SERVICES, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT.

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless uSooth, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of (a) your use of or inability to use the Website or Services, (b) your violation of any terms of this Agreement, or (c) your violation of any applicable laws, rules, or regulations. uSooth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with uSooth in asserting any available defenses.

LINKS TO OTHER SITES: The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by uSooth of the contents on such third party websites. uSooth is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of material on such third party websites. If you decide to access linked third party websites, you do so at your own risk. uSooth will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of information you supply to uSooth with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Notice to learn more about how we use your information.

CONTROLLING LAW AND JURISDICTION: You agree that Pennsylvania law (without giving effect to its conflict of law principles) will govern this Agreement, the Website and Services and that any dispute arising out of or relating to this Agreement, the Website or Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Commonwealth of Pennsylvania in Allegheny County, and the United States District Court for the Western District of Pennsylvania, and waive any contention that any such court is an improper venue for enforcement of this Agreement. You acknowledge and agree that any violation of this Agreement may cause uSooth irreparable harm, and therefore agree that uSooth will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that uSooth may have for a breach of this Agreement.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify uSooth’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit uSooth to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Designated Copyright Agent
(formerly Insight to Careers, LLC)

uSooth, LLC
PO Box 12524
Pittsburgh PA 15241

Fax: 412-831-5752
This e-mail address is being protected from spambots. You need JavaScript enabled to view it


PRIVACY NOTICE: For information about the collection and possible use of information and material provided by you, please click on uSooth's Privacy Notice, located on the Website. By using the Website or the Services, you are consenting to the terms of the Privacy Notice.

MISCELLANEOUS: This Agreement, which you accept upon your use of the Services, the Privacy Notice located on the Website, any applicable payment, and renewal comprise the entire agreement between you and uSooth regarding the use of the Services, superseding any prior agreements between you and uSooth related to your use of this Website or Services (including any other prior versions of this Agreement). Unless otherwise explicitly stated, this Agreement will survive termination of your membership to the Website. The failure of uSooth to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

REVISION DATE: This Agreement was last revised on July 8, 2010.


uSooth, LLC

(formerly Insight to Careers, LLC)
PO Box 12524
Pittsburgh PA 15241
866-211-8467