TopResume Terms and Conditions
These Terms were last revised on July 1, 2015.
Welcome to Talent Worldwide Inc., d/b/a TopResume ("TopResume"). These pages constitute the terms and conditions under which you may access TopResume.com (the "Site") and use the information contained therein (the "Services"). Please read these terms and conditions of use ("Terms") carefully before using the Site or any Applications (as defined below) or services available from or through it. The Site is owned and operated by TopResume (referred to as the "Company"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
You understand that by joining TopResume.com, by using the Site (including any content provided therein), Services, Applications, or your account or by posting any materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" refer herein to that business.
NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH TOPRESUME. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL AGREEMENT TO ARBITRATE AS PROVIDED BELOW.
REGISTRATION AND ORDERING OBLIGATIONS
- In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information in order to maintain its truthfulness, accuracy and completeness. The Company has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate or incomplete. You must be age 18 or older to register for the Site or to use any Applications. When entering the Site, you acknowledge that you are age 18 or older.
AGREEMENT TO DEAL ELECTRONICALLY
- The Company may keep records of any type of communication conducted (information is sent or received) via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
OBLIGATIONS REGARDING YOUR PASSWORD
For certain types of features available through the Site, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up an Account. We use reasonable precautions to protect the privacy of your UserID, password, Account information and credit card information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Site. You, however, are ultimately responsible for protecting your UserID, password, Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (a) immediately notify the Company of any unauthorized use of your UserID, password or Account, or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
- ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE USING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact the Company immediately to authorize the Company to deny access to the Site to anyone else using your password. At the same time, you should change your password by using the "Account Settings" page.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
- The Company hereby grants you the limited right to view and use the Site only for the purposes of accessing information for career purposes. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in the section entitled Termination or Cancellation of Site Access; Modifications to Site and Applications . This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from the Company, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
PROFESSIONAL RESUME WRITING SERVICE REFUND POLICY
- TopResume provides a professional resume writing service. All sales are final. There is no trial or grace period after purchasing the resume writing service. Like any writing project, there will be multiple drafts and revisions. TopResume's writers will work with you until you are satisfied with your resume. As a result, there are no refunds once the resume writing service has been purchased.
TopResume offers a payment plan option that allows you to receive the new resume upfront, in exchange for future payments. Failure to make future payments may result in your information being passed along to the leading credit bureaus and appearing on your credit report.
- Per our guarantee, if you are not receiving more interviews within 60 days of receiving your final copy, we will rewrite your resume again free of charge. Our Professional Growth, Career Evolution, and Executive Priority packages are all eligible for our guarantee.
OBLIGATIONS OF MEMBERS
The Site may allow users to upload, post, and/or distribute user-submitted content, and use of the Site for this purpose is subject to the following conditions:
- You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not the Company, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
- You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law
- Your Materials, user name and/or screen name will not disparage in any manner the Company, its Licensors, or their Applications, products, or services and sites. Should we find that you have produced such Materials, your account will be deactivated immediately.
- We care deeply about the quality of service we provide to our members. To this end, we request that you respect all of our members. This includes, but is not limited to:
- Agreeing not to SPAM any member
- Not applying for jobs that you are not suitable for
- Posting irrelevant content on any part of the website
- Agencies (i.e. third party recruiters) are not permitted to post jobs on the website. All agencies are kindly advised that posting jobs will lead to termination of their account with the Company.
- Should the Company find, from recruiter feedback, Site statistics, and other information, that you have violated these Terms in any way, or repeatedly used the Site and its Services inappropriately, you may, at the Company's discretion, be denied access to the Site and its Services.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
- Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PRE-SCREEN ANY MATERIALS POSTED BY YOU OR OTHER USERS, BUT THAT THE COMPANY AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY MATERIALS. WITHOUT LIMITATION, THE COMPANY AND ITS DESIGNEES SHALL HAVE THE RIGHT [AT THEIR OWN DISCRETION] TO REMOVE ANY MATERIALS THAT VIOLATE THE TERMS OR IS OTHERWISE OBJECTIONABLE, AS WELL AS DENY YOU ACCESS TO THE SITE. The Company may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that the Company has no liability or responsibility for the storage or deletion of any Materials that you submit or post. The Company reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
- The Company may offer you the ability to use certain applications, services or software, and content for use therewith, either at no charge or for a small fee (such applications, services, software and any related content provided by the Company or its licensors is referred to herein collectively as "Applications"). For example, the Company may provide chat areas, bulletin boards, e-mail functions, and software that allow you to download specific content from the Sites to your computer. Without limiting your obligations and restrictions described in the section entitled Limited Non-Commercial License To Use Site, your limited license to the Applications is subject to the following conditions:
- The Applications that are made available to you are the copyrighted work of the Company and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by the Company are reserved to the Company.
- The Company may cease support of any Application at any time in its sole discretion, as further described in the section entitled Termination Or Cancellation Of Site Access; Modifications To Site And Applications.
- Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that the Company shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by the Company which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.
COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company, or its affiliates, that may be referred to on the Site are the property of the Company, or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. the Company aggressively enforces its intellectual property rights. Neither the name of the Company, its affiliates, nor any of the Company's other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission, except that a third party website that desires to link to the Site and that complies with the requirements of the Section entitled "Links From Third Party Sites" may use the name "TopResume" in or as part of that link.
The Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by the Company. Accordingly no such content or Applications may be used on another web site without express written permission from the Company.
It is our policy not to permit materials known by us to be infringing to remain on the Site. If you believe that any content on the Site infringes your copyright, please contact the Company's copyright agent, who can be reached as follows:
By mail: TopResume, 254 West 31st Street, 12th floor. New York, NY 10001.
By e-mail: email@example.com
Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), the Company will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
PRIVACY ON TOPRESUME
- By clicking accept and agreeing to be bound by these terms you also hereby agree to receive emails from Talent Worldwide, which include but are not limited to newsletters, notices relating to these terms and other similar marketing communications. Each such email will contain an option for you to opt-out of future communications.
- Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Site, then we will block that user from accessing these areas of the Site.
SUBMITTING MATERIALS AND FEEDBACK
- Unless you enter into a separate written agreement with the Company, the Company does not claim ownership in Materials you submit, however, by submitting Materials in any form to the Company, in addition to other provisions of the Terms, you automatically grant Company a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by, the Company and its affiliates. You obtain no rights in any form, media, or technology incorporating the Materials.
- We hold the rights to use all comments, feedback, and ratings about our services for marketing purposes. In the event that feedback, ratings and comments are used in company marketing materials, we hold the right to use first names for our purposes and will keep all other personal information confidential.
- You agree to indemnify and hold the Company, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
DISCLAIMER OF WARRANTIES
- EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND THE COMPANY, THE SITE, SERVICES, MATERIALS AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE COMPANY PROVIDES THE SITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, ANY APPLICATIONS OR ANY SERVICES OFFERED ON THE SITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, MATERIALS AND APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT; AVAILABILITY OF THE SITE, SERVICES, MATERIALS AND APPLICATIONS; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION AVAILABLE ON THE SITE OR THROUGH THE SERVICES (INCLUDING ANY COMMUNICATIONS BETWEEN YOU AND A POTENTIAL EMPLOYEE OR EMPLOYER) OR WHETHER THE USE OF THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, SERVICES, MATERIALS OR APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS, AND ANY RELATED INFORMATION IS BORNE BY YOU. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- THE COMPANY GIVES NO WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE APPLICATIONS OR SERVICES IN MEETING YOUR EMPLOYMENT NEEDS. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN YOUR BEING HIRED, POSITIONS BEING FILLED, OR EMPLOYEES BEING RETAINED, AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY AND/OR OTHER COMPENSATION DECISIONS THAT YOU MAKE, REGARDLESS OF THE REASON MADE.
ASSUMPTION OF RISKS
- YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN EMAIL EXCHANGES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT THE COMPANY, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
- TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS AND/OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO, ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS AND/OR ANY RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
- YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE COMPANY, OR ANY OF THE COMPANY'S, AFFILIATES OR AGENTS SHALL BE, AT THE COMPANY'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE COMPANY; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO THE COMPANY YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOUR REPRESENTATIONS AND WARRANTIES
- You represent and warrant for the benefit of the Company, the Company's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
ADDITIONAL TERMS FOR EMPLOYERS
- Employers are solely responsible for their postings on the Site. The Company is not to be considered to be an employer with respect to your use of the Site and the Company will not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any the Site. You understand and acknowledge that, if you cancel your employer account or if your employer account is terminated, all of your account information from the Company, including saved resumes, contacts and mailing lists, will be marked as deleted in and may be deleted from the Company's databases.
- In order to protect our members from commercial advertising or solicitation, the Company reserves the right to restrict the number of e-mails that an employer may send to members to a number that the Company deems appropriate in its sole discretion. The Company does not make any representations regarding the accuracy or validity of provided by any members or their appropriateness for evaluation by employers.
- A job posting may not contain: (a) URLs or links to websites other than those specifically authorized by the Company; (b) inaccurate, false, or misleading information; (c) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material on the Site); (d) the names, logos or trademarks of unaffiliated companies other than those of your company, unless approved by the Company in its reasonable discretion; (e) trade secrets (unless you own them or have the owner's permission to post them on the Site); (f) the names of colleges, cities, states, towns or countries that are unrelated to the posting; (g) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (h) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in the Company’s reasonable discretion; (i) more than one job or job description, more than one location, or more than one job category; (j) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (k) anything that is embarrassing or offensive to another person or entity.
LINKS TO THIRD PARTY SITES
- The Site contains links to third party sites that are not under the control of the Company and the Company is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
LINKS FROM THIRD PARTY SITES
- If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Site. A third party website that links to the Site: (a) may link to, but not replicate, the Company’s content, (b) may not create a browser, border environment or frame the Company’s content, (c) may not imply that the Company is endorsing it or its products or services, (d) may not misrepresent its relationship with the Company, (e) may not present false or misleading information about the Company’s Applications or Services, (f) should not include content that could be construed as distasteful, offensive or controversial, and (g) should contain only content that is appropriate for all age groups.
- This Site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the Site, Applications, Services, or any related information offered by the Company are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Applications or Services on the Site in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- The Site, Applications, and related information are the exclusive property of the Company or its suppliers. All rights not licensed herein are hereby reserved to the Company or its suppliers.
TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
- If you violate these Terms, the Company may terminate or cancel your access rights to the Site and/or Applications immediately without notice. The Company may also block your use of the Site and/or Applications or direct you to cease using it. The Company reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
GOVERNING LAW; EXCLUSIVE JURISDICTION
- These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site, any Application or any Services shall be resolved solely through binding arbitration in Santa Clara County, California, in accordance with the JAMS rules then in effect, and judgment upon any award rendered in such arbitration will be binding and conclusive on the parties hereto and may be entered in any court having jurisdiction thereof.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER.
- Please read the following carefully. It affects your rights.
- Most problems that users encounter can be resolved quickly and to a user's satisfaction by contacting us at firstname.lastname@example.org. You and TopResume each agree that any and all disputes or claims that have arisen or may arise between you and TopResume shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The United States Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and by agreeing to arbitration, you and TopResume waive the right to a judge or jury. Instead, arbitration uses a neutral arbitrator to decide the dispute, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow these Terms and Conditions as a court would. You have the right to opt-out of this Agreement to Arbitrate (as explained below), which means that you would retain your right to litigate your disputes in a court, either before a judge or jury.
- For the purpose of this provision, "TopResume" means TopResume and its parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees and agents. The term "Dispute" means any dispute, claim, or controversy between you and TopResume regarding any aspect of your relationship with TopResume, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as TopResume's licensors, suppliers, dealers, or third party vendors) whenever you also assert claims against us in the same proceeding.
- WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
- Pre-Arbitration Claim Resolution
- If you have a Dispute with TopResume, you must first give us an opportunity to resolve the Dispute before filing an arbitration claim (or any other legal proceeding if you elect to violate the obligation to arbitrate your Dispute). You do that by sending a notice to email@example.com. That notice must include (1) your name, (2) your address, telephone number, and e-mail address (if not apparent from the sent email), (3) a description of your claim, and (4) a description of the specific relief you are asking for. If TopResume does not resolve the Dispute within 45 days after it receives your notice, you may pursue your Dispute through arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Arbitration Procedures
- If this Section applies and the Dispute is not resolved through Pre-Arbitration Claim Resolution (above), then either you or TopResume may initiate arbitration proceedings.
- The American Arbitration Association (the "AAA") or JAMS will arbitrate all Disputes. For arbitration before AAA, the AAA's Supplementary Procedures for Consumer-Related Disputes existing as of the time of the filing of the arbitration will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures existing as of the time of the filing of the arbitration will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section will control if it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
- The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to TopResume, Attn: Litigation Department, 254 West 31st St, 12th Floor, New York, NY 10001. The arbitration will be conducted before a single arbitrator in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TopResume may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TopResume, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or TopResume, unless the arbitrator requires otherwise.
- Arbitration Award
- The arbitrator will not have the power to award relief to, against or for the benefit of any person who is not a party to the arbitration proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitration award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Payment of Arbitration Fees and Costs
- TopResume will pay all arbitration filing fees and the arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys' fees or expert witness fees and expenses. In addition to any rights to recover fees and costs under applicable law, if you provide notice to and negotiate in good faith with TopResume as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.
- Exclusions from Arbitration; Right to Opt Out
- You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice (the "Opt-Out Notice"). For new TopResume users, the Opt-Out Notice must be postmarked no later than 30 calendar days after the date you sign up for TopResume for the first time. If you are already a TopResume user and you previously accepted these Terms, then the Opt-Out Notice must be postmarked no later than December 27, 2013. (Your deadline for submitting the Opt-Out Notice will be referred to as your "Opt-Out Deadline".) You must mail the Opt-Out Notice before your Opt-Out Deadline to TopResume, Attn: Litigation Department, 254 West 31st St, 12th Floor, New York, NY 10001.
- The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, telephone number, and the e-mail address(es) that you used to log in to the TopResume account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, entitled "Dispute Resolution and Agreement to Arbitrate; Class Action Waiver", will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Any Opt-Out Notice received after your Opt-Out Deadline will not be valid and you must pursue your Dispute through arbitration or in small claims court.
- Class Action Waiver
- YOU AND TOPRESUME AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TOPRESUME AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, ANY RELIEF AWARDED CANNOT AFFECT OTHER TOPRESUME USERS AND SHALL NOT BE ADMISSIBLE IN ANY OTHER ARBITRATION OR OTHER LEGAL PROCEEDING.
- THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). Neither you, nor any other user of the Site can serve as a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- IF YOU CHOOSE TO PURSUE YOUR DISPUTE IN COURT BY OPTING OUT OF THE ARBITRATION PROVISION, AS SPECIFIED ABOVE, THIS CLASS ACTION WAIVER WILL NOT APPLY TO YOU.
- Jury Waiver
- You understand and agree that by entering into this Agreement you and TopResume are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Agreement to Arbitrate, you and TopResume might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Section, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- If any clause within this Agreement to Arbitrate (other than the Class Action Waiver clause above) is found to be unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be unenforceable, this entire Agreement to Arbitrate will be unenforceable and the Dispute will be decided by a court.
- Future Changes to the Agreement to Arbitrate
- Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against TopResume prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in these Terms, any such termination will not be effective until 30 days after the version of these Terms not containing the Agreement to Arbitrate is posted here, and shall not be effective as to any claim that was filed in an arbitration or other legal proceeding against TopResume prior to the effective date of termination.
- These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches.
- You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by the Company and by you.
- Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Site with his or her UserID and password. Your rights and obligations under these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but the Company may transfer its rights and obligations hereunder without restriction.
- Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Company by postal mail to: 254 West 31st St, 12th Floor, New York, NY 10001, or as to a successor address that the Company makes available on the Site or through other reasonable manner. If applicable law requires that Company accepts email notices (but not otherwise), then you may send the Company email notice using the Company's FAQ form (mailto: firstname.lastname@example.org) . With respect to Company's notices to you, Company may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, the Company may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
Your Consent To These Terms
By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Site.
If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by e-mail email@example.com or by sending your comments to:
Talent Worldwide Inc., d/b/a TopResume
149 E 23rd St.
New York, NY 10010
Attn: Customer Care – Website Issues