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BuildAResume.com,
Inc. (hereinafter “Company”) provides Terms and Conditions that shall govern the
use of Company’s services and website.
Company recognizes that its customers, visitors, users, and others (collectively
or individually, the “Users”) and you (the “User”) may use the BuildAResume.com
website (the “Website”) and will find value and education in these policies. 1. Acceptance
of Terms Company
provides its services subject to certain terms and conditions, including those set
forth herein. BY USING AND/OR VISITING
THIS WEBSITE (collectively, including all content available through the BuildAResume.com
domain name, hereinafter as “Website”), YOU SIGNIFY YOUR AGREEMENT TO THESE
TERMS AND CONDITIONS (the “Terms and Conditions”) AND TO THE COMPANY’S PRIVACY POLICIES,
WHICH ARE PUBLICLY POSTED AT http://BuildAResume.com, OF WHICH ARE INCORPORATED
HEREIN BY REFERENCE. These Terms and Conditions
may be revised by Company from time to time, with or without notice, with such
revisions to be posted on the Company Website.
Use of our services constitutes your acceptance of these Terms and
Conditions, and other governing policies of Company. If you do not agree to abide by the governing
policies of Company, you must exit the Website immediately. 2. Company
Service and Website These Terms
and Conditions apply to all Users of the Company Website. Company may provide numerous resources,
including but not limited to, resume postings, events, forums, communications
tools, and/or other services. These
features, and any additional features adopted by Company (collectively, the
“Service”) are subject to these Terms and Conditions. You understand and agree that the Company Services
are provided “AS-IS” and that Company does not assume any responsibility for
the content of any of these communications, or the deletion or failure to
display or store any User contribution and/or communication. You understand and agree that the Company
Website may contain links to third party websites that are not owned or
controlled by Company. In such cases, Company
assumes no control over and no responsibility for the content, privacy
policies, or practices of any third party website or service. In addition, Company will not and cannot
censor or edit the content of any third party website. By using this Website, you expressly relieve Company
from any and all liability arising from your use of any third party
website. As such, when you leave the Company
Website, we encourage you to review and understand the terms and conditions and
privacy policy of all other websites you may visit. You also understand and agree that the
service may include certain communications from Company, such as service
announcements, administrative communications, and Company newsletters or other
similar informational communiqué, and that these communications, in whole or in
part, are considered part of your Service membership and you may not be able to
opt out of receiving such without prior cancellation of your membership and
account. Unless explicitly stated
otherwise, any new features or content that augments or enhances the current
Service, including the release or addition of new Company properties or
affiliations with other providers of services, shall be subject to the Terms and
Conditions as stated herein. 3. Registration
Obligations To be
considered for authorized use of this Website, you agree to: (i) provide only true, accurate, current, and
complete information (the “Data”) about yourself as prompted by the Service’s
registration form; and (ii) maintain and promptly update this Data to keep it
true, accurate, current and complete. If
you provide any Data that is untrue, inaccurate, not current, or incomplete, or
if Company has reasonable grounds to suspect that such Data is untrue,
inaccurate, not current, or incomplete, Company has the right suspend or
terminate your User account and to refuse any and all current or future use of
the Service, or any portion thereof. 4. Website
Use a.
Upon approval of your registration for access and use, Company
hereby grants you permission to use the Website as set forth in these Terms and
Conditions, provided that: (i) use of
the Website is solely permitted for your own personal, noncommercial, access
and use; and (ii) you will not copy,
distribute, or exploit any part of the Website in any way without Company’s
prior written authorization; and (iii)
you will not cause to alter, modify, or amend any part of the Website other
than as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will comply with
the requirements and spirit of these Terms and Conditions, as well as any other
governing policy of Company. b.
So that you may access available features of the Website,
you must create an account bearing Data as referenced in Section 3 of these
Terms and Conditions. You are solely
responsible for the activity that occurs on your account, and you must keep
your account access information secure.
In the event of a security breach or unauthorized use of your account,
you must notify Company immediately. Company
shall not be liable for any losses or damages incurred or inflicted by any
unauthorized use of your account, and you may be liable for any and all losses
or damages incurred or inflicted upon Company or others due to such
unauthorized use. c.
You hereby agree not to use or launch any manual, assisted,
or automated program, or the like, software, system, or the like, including
without limitation, “offline readers”, “robots”, “spiders”, etc. that enable
access to the Website in any manner and/or that sends an uncommon amount of
request messages to the Company servers within any given period of time. Notwithstanding the foregoing, Company grants
the operators of public search engines permission to use spiders to copy
materials from the Website, within reason, for the sole purpose of creating
publicly available searchable indices of the materials contained therein, but
not caches or archives of such materials.
Company reserves the right to amend or revoke these exceptions, without
notice, and for any reason. d.
You agree to not collect or harvest any personally
identifiable information, including account names, usernames, and the like from
the Website, nor to use any communications tools and/or systems provided by the
Website for any commercial use of any kind.
You agree not to solicit, for commercial purposes, any other Users of
the Website. e.
You agree to not attempt, or cause to attempt, directly or
indirectly, to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Website. f.
You agree to not aggregate, copy, or duplicate, in any
manner, any of the materials, content, information, or the like, as found
available from the Website. g. You agree to not frame
or link to any of the materials, content, information, or the like, as found
available from the Website. 5. User
Conduct; Content You
understand and agree that all data, graphics, information, messages, software,
text, or other materials, in whole or in part (the “Content”), whether publicly
posted or privately transmitted, are the sole responsibility of the person or User
from which such Content originated. You,
the User, are solely responsible for any and all Content that you may email,
make available, post, upload, or otherwise transmit via the Service. Company does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity, or
quality of such Content. You understand
that by accessing and using the Service, you may be exposed to Content that is
indecent, objectionable, and/or offensive.
Under no circumstances will Company be liable for, in any way, any
Content, including but not limited to, any errors or omissions in any Content,
or for any loss or damage, of any kind, incurred as a result of the use of any
Content emailed, made available, posted, uploaded, or otherwise transmitted via
the Service. Specifically, but not limited to, you agree to not knowingly
or intentionally using the Company Website or Service to: a.
Impose harm or potential harm upon others in any way; and b.
email, make available, post, upload, or otherwise transmit
any Content that is abusive, harassing, harmful, threatening, unlawful, or
otherwise objectionable; and c.
email, make available, post, upload, or otherwise transmit
any Content that may infringe upon any copyright, patent, trademark, trade
secret, or other proprietary rights (collectively, the “Rights”) of any party;
and d.
email, make available, post, upload, or otherwise transmit
any unsolicited or unauthorized advertising, “chain letters”, promotional
materials, “junk mail”, unsolicited commercial email or “spam”, illegal pyramid
schemes, business/marketing opportunity offers that require an upfront or periodic
payment, or any other form of commercial solicitation, except in those areas
that may be designated by Company for such purpose on the Website; and e.
email, make available, post, upload, or otherwise transmit
any material that may contain software viruses, spyware, adware, or other
computer code, files, or programs designed to destroy, interrupt, or limit the
functionality of any computer software or hardware or telecommunications
equipment; and f.
email, make available, post, upload, or otherwise transmit
any Content that you do not have a written right to transmit under any law or
under any contractual agreement or relationship; and g.
forge headers, manipulate identifiers, or the like,
including copyright management information in order to disguise the origin of
any Content transmitted through the Service; and h.
disrupt or alter the normal flow of dialogue, cause a screen
to scroll faster that other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users’ ability to engage and
enjoy in real-time exchanges; and i.
disrupt or interfere with the Service, servers, or networks
connected to the Service, or disobey any requirements, procedures, policies, or
regulations of networks connected to the Service; and j.
impersonate any person or entity, including but not limited
to, any Company employee, contractor, moderator, or host, or to falsely state
or otherwise misrepresent your affiliation with a person, entity, or Company;
and k.
harass, intimidate, threaten, or stalk another person
affiliated, in any way, with the Company Website and Service; and l.
violate, intentionally or unintentionally, any applicable
local, state, provincial, regional, national, or international laws, statutes,
and/or codes. You
acknowledge that Company does not pre-approve or pre-screen uploaded and/or
submitted Content. You agree, however,
that Company and its designees shall, at all times, maintain the right (but not
the obligation) in their sole discretion to refuse, move, alter, or delete any
Content that is available via the Service.
Without limiting the foregoing, Company and its designees shall have the
right (but not the obligation) to remove, at will, any Content or User from the
Company Services. You
understand and agree that technical processing of the Service, including
Content as may have been or may be submitted by you, may involve (i)
transmission over various networks; and (ii) changes necessary to conform
and/or adapt to technical requirements of connecting networks or devices
required. You
acknowledge and agree that Company may preserve Content, in whole or in part,
and may also disclose Content and the Data of the Content’s uploading user if
required to do so by law or in the good faith belief that such action(s) are
reasonably necessary to: (i) comply with
any legal process; (ii) enforce the
Terms and Conditions; (iii) respond to
claim that any Content violates the rights of third parties; or (iv) protect the rights, personal safety, or
property of Company, its users and the public. 6. Termination You
understand and agree that, in the sole discretion of Company, your access and
use of Company’s Website and Services may be terminated, in whole or in part,
at will by the Company. Company may
alter, discard, or remove any Content or Data originating from your User
account, for any reason, including but not limited to, (i) for lack of use; (ii) if Company believes that you have
violated or acted inconsistently with the letter or spirit of the Terms and
Conditions. Company may, in its sole
discretion and at any time, discontinue providing Service, or any part thereof,
with or without notice. You agree that
any termination of your access to the Service under any provision of these
Terms and Conditions may be effected without prior notice. You acknowledge and agree that Company may
deactivate, delete, or suspend access to your account and all related
information and files in your account and/or prevent further access to such
files or to the Service. You agree that Company
shall not be liable to you or any third party for any termination of your
account and/or access to the Company Services. 7. Child
Protection a. UNDER THE AGE OF
THIRTEEN (13): Under no
circumstances, even with legal parental or guardian consent, shall any person
under the age of thirteen (13) be permitted to access and use the Company
Services and/or Website. If you are
under the age of thirteen (13) then you must exit this Website immediately as
the Company Website is not intended for children under the age of thirteen (13). b. UNDER THE AGE OF
EIGHTEEN (18): You affirm that you
are at least thirteen (13) years of age and do possess legal parental or
guardian consent, and are fully able and competent to enter into the affirmations,
conditions, obligations, representations, terms, and warranties set forth in
this Terms and Conditions, and to abide by and comply with this Terms and
Conditions. Company’s Website may contain images or Content that could
be considered adult in nature. In order
to view such Content, only those users who are registered to be of eighteen
(18) years of age or older will be allowed access. 8. User
Submissions a.
Company permits the submission of Content to be submitted
(the “User Submissions”) by authorized Users only. You understand and agree that whether or not
such User Submissions are published, Company does not guarantee any
confidentiality with respect to any such submissions. b.
Company does not claim ownership of User Submissions, in any
format, including but not limited to, audio, feedback, images, photographs,
suggestions, text, or video as posted, uploaded, or submitted to the Website or
its associated Services for review by the general public, or by members of any
public or private community. However, by
posting, uploading, and/or submitting, in any format, your User Submission, you
are granting Company, and its affiliated companies and sub-licensees,
permission to use your User Submission in connection with the operation of the
Service, including but not limited to, the irrevocable, non-exclusive,
perpetual, royalty-free, transferable, worldwide, fully sub-licensable right
and license to: (i) copy, distribute,
edit, publicly display, publicly perform, reformat, reproduce, and translate
your User Submission; (ii) to publish
your name or other identifying assignment in connection with your User
Submission; and (iii) the right to
sublicense such rights to any third party associated with Company and its
designees. You also
warrant that each person or image depicted or recorded in any User Submission
as provided by you has provided consent to the use of the User Submission
content as set forth in these Terms and Conditions, including, by way of
example and not as a limitation, the distribution, public display, and
reproduction of such User Submission; or that their consent is not required by
law for the uses described herein. You
understand that no compensation will be paid to you, the User who has provided
the User Submission, with respect to the use of your User Submission, as
provided herein. Company is under no
obligation to post or use any User Submission as provided by users or any other
party. By posting a User Submission,
you, the User, warrant and represent that you own or otherwise control all of
the right to your User Submission as described in this Terms and Conditions,
including but not limited to, all rights necessary for you to input, post,
provide, or submit the User Submission, or that you have license to such
rights, or that such rights are covered and protected by fair use. c.
You warrant and represent that you are aware of the
consequences of posting or publishing content of which you do not own or have
right to publish. In as much, you agree
that you will be solely responsible for any and all costs, including those incurred
by Company or its designees, as a result of your act of posting or publishing protected
content. d.
IN CONNECTION WITH ANY USER SUBMISSIONS FROM YOU AND/OR YOUR
COMPANY ACCOUNT, YOU FURTHER AGREE THAT YOU WILL NOT: (i)
SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET OR
OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS OF WHICH YOU DO NOT HAVE
AUTHORITY, INCLUDING PRIVACY AND PUBLICITY RIGHTS; (ii) PUBLISH FALSEHOODS OR MISREPRESENTATIONS
THAT COULD DAMAGE COMPANY OR ANY THIRD PARTY;
(iii) SUBMIT MATERIAL THAT MAY BE CONSIDERED DEFAMATORY, HARASSING,
HATEFUL, LIBELOUS, OBSCENE, PORNOGRAPHIC, RACIALLY OR ETHICALLY OFFENSIVE,
THREATENING, UNLAWFUL, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A
CRIMINAL OFFENSE, GIVE RISE TO CIVIL UNREST OR LIABILITY, VIOLATE ANY LAW, OR
IS OTHERWISE INAPPROPRIATE; (iv) POST
ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS OR OTHER COMMERCIAL INTERESTS; (v) IMPERSONATE ANOTHER COMPANY USER OR OTHER
PERSON. e.
Company does not endorse any User, User Submission, opinion,
recommendation, or advice expressed therein.
Company expressly disclaims any and all liability in connection with
User Submissions. Company does not
permit copyright infringing activities and infringement of intellectual
property rights on its Website and Company will remove all Content and/or User
Submission if properly notified that such Content and/or User Submission infringes
on another’s intellectual property rights.
Company reserves the right to remove Content and User Submissions
without prior notice. Company may also
terminate a user’s access to the Service, if they are determined to have
infringed on other’s intellectual property rights. f.
In particular, if you are a copyright owner or an authorized
agent thereof and believe that a User Submission or other Content infringes
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act (the “DMCA”) by providing our Designated Agent for
Notice of Claims of Copyright Infringement with the following information, in
writing: (i)
a physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
and (ii)
identification of the copyrighted work claimed to have been
infringed; and (iii)
identification of the material that is claimed to be
infringing or to be subject of infringing activity and that is to be
potentially removed or access to which is to be disabled and information with
said identification of the material to be sufficient to permit the service
provider, Company, to locate said material; and (iv)
information reasonably sufficient to permit the service
provider, Company, to contact you (such as a physical address, telephone
number, facsimile number, and an electronic mail, or email, address); and (v)
a statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the legally
recognized copyright owner, its agent, or the law; and (vi)
a statement that the information in the notification is
accurate and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. Company’s Designated
Agent for Notice of Claims of Copyright Infringement is: Mr. Steve Reid, Email:
copyright@buildaresume.com. This important information is repeated
in Section 22 of this Terms and Conditions. For clarity, only DMCA notices should go to the Designated
Agent for Notice of Claims of Copyright Infringement for Company. You acknowledge that if you, the alleged
owner fail to comply with all of the requirements in Section 8(f), your DMCA
notice may not be valid. Also, please
see USC Title 17, Chapter 5, §512 for more information on copyright protection.
Any other feedback, comments, requests for technical /
customer support, or other communications should be directed to Company’s
support service department at support@buildaresume.com. 9. Intellectual
Property Rights of Company The Company
Website, except all User Submissions as defined herein, including all known
Content, and the logos, service marks, trademarks, and the like contained
herein (the “Marks”) are owned by or licensed to the Company, subject to
copyright and other intellectual property rights under the laws of the United
States of America and other foreign laws and international conventions. Content on the Website is provided “AS-IS”
for informational and personal use only and may not be broadcast, copied,
displayed, distributed, licensed, reproduced, sold, transmitted, or otherwise
exploited for any other purposes whatsoever without he prior written consent of
the respective owner(s). Company
reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the distribution,
copying, or use of any of the Content other than expressly permitted herein,
including any copying distribution, or use of User Submissions by third parties
obtained through the Website for any purposes other than personal use. If you download or print a copy of the
Content for personal uses, you must retain all copyright and other proprietary
notices contained therein. You agree not
to disable, circumvent, or otherwise interfere with security features, directly
or indirectly, of the Website or features that prevent or restrict copying or
use of any Content or impose or enforce limitations on the use of the Website
or the Content therein. 10. User
Account, Password, and Security During
the registration process, you will create a unique username and password for
use to access the Company Website and Services.
You are solely responsible for maintaining the confidentiality of the
password and are fully responsible for all activities that occur under your
username and password. You agree to
immediately notify Company of any unauthorized use of your username and/or
password or any other
breach of security. You agree that Company
cannot and will not be liable for any damages or losses incurred from your failure
to comply with this Section of these Terms and Conditions. 11. Additional
Terms of Use Certain areas of the
Website or certain elements of the Services may be subject to additional terms
of use. By using such areas or elements,
or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas or elements. 12. No
Resale Rights You
acknowledge and agree that you are not allowed to copy, duplicate, reproduce,
sell, resell, or otherwise exploit for any commercial or public purpose, any
use of or access to the Company Website and/or Service. 13. Warranty
Disclaimer YOU
ACKNOWLEDGE AND EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE COMPANY
WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE THAT THE COMPANY SERVICE IS PROVIDED ON AN “AS-IS” AND
“AS AVAILABLE” BASIS ONLY AND IS NOT WARRANTED TO BE ERROR-FREE OR FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY, AND/OR NON-INFRINGEMENTS. ANY CONTENT
OR MATERIAL DOWNLOADED FROM COMPANY’S WEBSITE, OR OTHERWISE OBTAINED, IS DONE
AT YOUR OWN DISCRETION AND RISK. YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TELEPHONIC
EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH
CONTENT OR MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR OTHERS FROM COMPANY OR
THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS AND CONDITIONS. TO THE
FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND/OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE WEBSITE AND SERVICES, AND YOUR USE THEROF.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE WEBSITE’S CONTENT NOR THE CONTENT OF ANY SITES LINKED TO COMPANY’S
WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, INACCURACIES, OR MISTAKES OF
CONTENT; (ii) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTLING FROM YOUR ACCESS TO AND
USE OF THE COMPANY WEBSITE AND/OR SERVICES;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY VIRUSES, MALICIOUS PROGRAMS, ADWARE,
SPYWARE, OR THE LIKE WHICH MAY BE TRANSIMITTED TO OR FROM OUR WEBSITE; (v) ANY ERRORS AND/OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE COMPANY WEBSITE. COMPANY DOES NOT ENDORSE, GUARANTEE, WARRANT,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE COMPANY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING. COMPANY
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU, THE USER, AND THIRD PARTY VENDORS OR PROVIDERS OF
PRODUCTS AND/OR SERVICES. AS IS TRUE
WITH ANY PURCHASE, YOU SHOULD BE DILIGENT AND USE YOUR BEST JUDGMENT WHILE
EXERCISING CAUTION, WHERE APPROPRIATE, WHEN MAKING A PURCHASE. 14. Limitation
of Liability IN NO EVENT
SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA,
OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(i) THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION , OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE WEBSITE OR SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OF CONDUCT TO ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE COMPANY WEBSITE AND/OR SERVICE.
IN ADDITION TO THE LIMITATIONS OF LIABILITY LISTED HEREIN, SECTION 14 OF
THESE TERMS AND CONDITIONS CONTAINS OTHER LIMITATIONS OF LIABILITY TO BE
INCORPORATED BY REFERENCE HEREIN. OTHER
LIMITATIONS OF LIABILITY AS ALLOWED BY LAW BUT NOT LISTED WITHIN THIS SECTION
14 OF THESE TERMS AND CONDITIONS ARE INFERRED HEREIN. To the
fullest extent permitted by law, and not withstanding any other provision
contained in these Terms & Conditions, the total aggregate liability of the
Company and its officers, directors, partners, employees, attorneys and agents,
and any of them, to any User of the Website and/or any other person or entity,
for any and all claims, losses, costs or damages, including attorneys’ fees and
costs, resulting from or in any way related to or arising from use of the Website
(collectively the “Claim”), from any cause or causes, shall not exceed the
greater of: (i) the total compensation
received by Company from User in exchange for User’s use of the Website; or (ii) if no compensation is received from
User, the total amount of one hundred dollars (US$100.00). It is intended that this limitation apply to
any and all liability or cause of action however alleged or arising, including
but not limited to negligence, professional errors or omissions, strict
liability , breach of contract or warranty, express or implied, and the like. 15. Employment
Transactions; No Liability of Company It is
recognized and agreed by you that Company is only a venue service acting as a
venue for employers to post job opportunities and for candidates to post
resumes. The Company is not involved in
the actual transaction between employers and candidates. As a result, the Company has no control over
the quality, safety or legality of the jobs or resumes posted, the truth or
accuracy of the listings, the ability of employers to offer job opportunities
to candidates or the ability of candidates to fill job openings. In addition, you acknowledge that there are
risks, including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under false
pretenses. You agree to assume all risks
associated with dealing with other Users with whom you come in contact through
the Website. 16. Indemnification You, the
User, agree to defend, hold harmless, and indemnify Company, its owner(s),
officers, directors, employees, and agents from and against any and all claims,
damages, costs, debt, losses, liabilities, obligations, and expenses including,
but not limited to, reasonable attorney’s fees, arising from: (i) your use of and access to the Company
Website; (ii) any violation of any term,
in whole or in part, by you of these Terms and Conditions and/or any other
governing policies of Company; (iii) any
violation by you of any third party right, including without limitation, any
copyright, privacy right, or property right; and/or (iv) any claim levied against you, the User,
that your User Submission(s) caused damage to a third party. This defense and indemnification obligation
shall survive these Terms and Conditions and your use of the Company Website. 17. Assignment These Terms
and Conditions, and any licenses or rights granted hereunder, may not be
transferred or assigned by you, but may be assigned by Company without
restriction. 18. Use
and Storage You
acknowledge and agree that Company may establish general practices and limits
concerning the use of the Website and/or Service, including but not limited
to: (i) the maximum number of messages
that may be sent from or received by an account on the Service; (ii) the maximum size or duration of any
message or User Submission that may be sent from or received by an account on
the Service; (iii) the maximum disk
space that may be allotted on the Company servers on your behalf; and (iv) the maximum number of times and duration
for which you may access the Service in a given period of time to be determined
at the sole discretion of Company. You
agree that Company has no responsibility or liability for the deletion of or
the failure to store any messages, User Submissions, or other communications or
Content maintained or transmitted by the Service. You acknowledge that Company reserves the
right to log off users that are inactive for a given period of time to be
determined at the sole discretion of Company.
You further acknowledge that Company reserves the right to change these
general practices and limits at any time, in its sole discretion, with or
without notice. 19. Service
Modifications Company
reserves the right to, at any time, modify, suspend (in whole or in part), or
discontinue, temporarily or permanently, the Service, or any part thereof, with
or without notice. You agree that Company
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service, or any part thereof. 20. Interactions
with Advertisers You agree
that any dealings, personal or commercial, with any Advertiser found on the
Website is solely between you and such Advertiser. You agree that Company shall not be
responsible or liable for any loss or damage of any sort incurred as a result
of any such dealings or as a result of the presence of such Advertisers on the
Website. 21. Notices You
acknowledge that notices concerning Company’s Website and/or Services may be
made by: (i) posting on the Company
Website; (ii) electronic mail, or email,
sent to the address of record as provided within your User account; (iii) postal mail delivery, or any combination
thereof. Company may also provide
notices of changes to these Terms and Conditions or other governing policies of
Company or other matters by displaying notices or links to notices in general
locations on the Website. All notices, requests,
demands and other communications hereunder upon Company shall be in writing and
shall be deemed to have been duly given if personally delivered, or if mailed
by postal service certified or registered mail, prepaid, or by other recognized
courier services, to Company, or to their permitted assignees, at the following
address (or at such other address as may be given and demanded in writing by Company): BuildAResume.com, Inc. Attention:
Legal Department 1275 22. Copyrights
and Copyright Agents Company affords
complete respect for the intellectual property rights of others, and we demand
all Company users to tender the same level of respect. In accordance with the DMCA, Company will
respond expeditiously to claims of copyright infringement committed through use
of the Company Services provided all such claims are reported to Company’s
“Designated Agent for Notice of Claims of Copyright Infringement”, pursuant to
the DMCA written statutes governing such notices. If you
believe that your work has been copied in a way that constitutes copyright
infringement, it is requested that you immediately contact Company as set forth
herein. Company’s Designated Agent for
Notice of Claims of Copyright Infringement: Mr. Steve
Reid BuildAResume.com,
Inc. 1275 Tempe, AZ 85281 USA Facsimile:
623-321-6537 Email: copyright@buildaresume.com 23. Violations Please
report any violations of these Terms and Conditions or other governing policies
of Company, other than alleged copyright infringement issues, to our Customer
Service department at: support@buildaresume.com
For matters
of alleged copyright infringement, please refer to Section 22 of these Terms of
Use (see previous). 24. Payments
and Taxes a.
Should you make payment to Company, for any purchase or
reason, you acknowledge that you have thirty (30) days from the date of payment
to dispute any such amounts. All
disputes must be tendered in writing only with delivery confirmation to Company
(see Section 21 of these Terms and Conditions for complete contact information)
to be considered official. You agree
that any failure to abide by this policy will cause you to waive all claims
related to the disputed amount. b. Should Company make a
payment to you, for purposes of income earned, you acknowledge that you are
responsible for reporting the associated income and for paying any and all
applicable income tax and/or other associated taxes. Should Company withhold taxes due as defined
by your tax jurisdiction, Company shall remit said tax withholdings in your
name and you agree to authorize Company to make such tax payments on your
behalf. 25. Governing
Law; Severability These Terms and
Conditions shall be governed by and construed in accordance with the laws of
the State of 26. Arbitration Any action to enforce or
interpret these Terms and Conditions, or to resolve disputes with respect to
these Terms and Conditions, shall be submitted for arbitration in accordance
with Commercial Arbitration Rules of the American Arbitration Association and
shall be heard by the American Arbitration Association in 27. Presiding
Language This Agreement and all Company policies are written and
executed in English, which is considered the prevailing language for purposes
of interpretation or laws of contract. If this Agreement is translated into any
other language, the English version shall be considered the primary binding
legal document. DATE OF MODIFICATION: July
10, 2007 ©2007 BuildAResume.com, LLC All rights reserved. |