Terms & Conditions

**DISCLAIMER** Cheeky Scientist is a career coaching and mentoring provider only and do not provide or promise employment placement, work assignments, job opportunities, or act in any way as an employment agency. Our services are designed to guide and assist you with building your résumé, enhancing your career opportunities, and seeking work or positions within your area of specialty. We do not guarantee or promise any specific position and do not receive any payment or reimbursement from your eventual employer, agency, or professional association which may retain your services. No verbal or written promise or guarantee of any job or employment is made or implied under the terms of this contract. A career consulting firm does not guarantee actual job placement as one of its services.

By using the Cheeky Scientist Career Vault software tool, you agree to the following:

Cheeky Scientist, LLC Association AGREEMENT

This Master E-Products Agreement (“Agreement“) is made and entered into as date of use by and between Cheeky Scientist, LLC (“Company“) and You (“Customer“). In consideration of the mutual promises and covenants set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. No Employment Guarantee. No verbal or written promise or guarantee of any job or employment is made or implied by using this product, nor is it implliedunder the terms of this contract.
2. Term/Termination. This Agreement shall commence as the date first set forth above and shall remain in effect for a period of one (1) year. Either Party may terminate this Agreement at any time without advance notice for cause, such as breach of the Agreement by the other Party, the insolvency or bankruptcy of the other Party, the other Party’s failure to complete its obligations under the Agreement, or for any other reason that adversely affects the contractual relationship of the Parties.
3. Relationship of Parties. Company is an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the Parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Customer and Company. Each Party will be solely responsible for payment of all compensation owed to its employees, as well as federal and state income tax withholdings, social security taxes, and unemployment insurance applicable to such personnel as employees.
4. Indemnification. To the fullest extent permitted by law, Customer shall, at its own expense, indemnify, defend, and hold harmless Company and its members, managers, directors, officers, employees, agents, successors, and assigns, and all other persons and entities acting on behalf of or under the control of Company, from and against any and all claims, demands, suits, causes of action, debts or liabilities, losses, judgment, damages, costs (including all reasonable attorney’s fees), expenses, fines, and penalties arising out of, or concerning or connected with, the transactions or activities contemplated by this Agreement. The obligations contained in this paragraph shall survive expiration or termination of this Agreement.
5. Warranties. Company warrants that the services to be provided under this Agreement shall be performed in a professional manner conforming to generally accepted industry standards and practices. Company agrees that its sole and exclusive obligation with respect to the services covered by this limited warranty shall be, at Company’s sole discretion, to correct the nonconformity or to refund the service fees paid for the affected services.
6. Confidentiality. The existence of this relationship, as well as any information Company receives from Customer will be confidential under the terms of this Agreement. However, please be aware that the relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
7. Confidential Information does not include information that: (a) was in the Company’s possession prior to its being furnished by the Customer; (b) is generally known to the public or in the Customer’s industry; (c) is obtained by the Company from a third party, without breach of any obligation to the Customer; (d) is independently developed by the Company without use of or reference to the Customer’s confidential information; or (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to the Company or others; and (g) involves illegal activity. The Customer also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Customer in a timely manner.
8. Dispute Resolution. In the event that any disagreement, dispute or claim arises among the Parties hereto with respect to the enforcement or interpretation of this Agreement or any specific terms and provisions hereof or with respect to whether an alleged breach or default hereof has or has not occurred (collectively, a “Dispute”), such Dispute shall be resolved by binding arbitration in accordance with the American Arbitration Association Rules.
9. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Parties related to the subject matter hereof and supersedes all prior agreements, understandings, and letters of intent relating to the subject matter hereof. This Agreement may be amended or supplemented only by a writing executed by all Parties.
10. Notices. All notices, requests, demands or consents hereunder shall be in writing and shall be deemed given and received when delivered, if delivered in person, or four (4) days after being mailed by certified or registered mail, postage prepaid, return receipt requested, or one (1) day after being sent by overnight courier such as Federal Express, to and by the Parties at the following addresses, or at such other addresses as the Parties may designate by written notice in the manner set forth herein: 19211 Panama City Beach Pkwy #1047 Panama City Beach FL 32413-8712.
11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which, when taken together, will constitute one and the same instrument.
12. Governing Law/Venue. This Agreement shall be construed and governed in accordance with the laws of the State of Ohio, without reference to conflict of law principles. In event that either Party brings an action against the other under this Agreement, venue will be in Hamilton County, Ohio.
13. Assignment. This Agreement shall not be assignable by either Party hereto without the express written consent of the other Party.
14. Waiver. Waiver of any agreement or obligation set forth in this Agreement by any Party shall not prevent that Party from later insisting upon full performance of such agreement or obligation and no course of dealing, partial exercise or any delay or failure on the part of any Party hereto in exercising any right, power, privilege, or remedy under this Agreement or any related agreement or instrument shall impair or restrict any such right, power, privilege or remedy or be construed as a waiver therefor. No waiver shall be valid against any Party unless made in writing and signed by the Party against whom enforcement of such waiver is sought.
15. Binding Effect. Subject to the provisions set forth in this Agreement, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and upon their respective successors and assigns.
16. Waiver of Rule of Construction. Each Party has had the opportunity to consult with its own legal counsel in connection with the review, drafting, and negotiation of this Agreement. Accordingly, the rule of construction that any ambiguity in this Agreement shall be construed against the drafting party shall not apply.
17. Severability. If anyone or more of the provisions of this Agreement is adjudged to any extent invalid, unenforceable, or contrary to law by a court of competent jurisdiction, each and all of the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.