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, 1275 W. Washington St., 2nd Floor, Tempe, AZ 85281 USA, Facsimile: 623-321-6537,

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.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is authentic.  Because Company does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website or in the Services, in the event that you have a dispute with one (1) or more Users, you agree to release the Company (and our agents and employees) from any and all claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  If you are a Arizona resident, you waive Arizona Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The Company is under no legal obligation to, and generally does not, control the information provided by other Users which is made available through the Website.  By its very nature, other User information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.  You agree to use caution and common sense when using Company’s Website and you further acknowledge that use of the Website will be conducted at your own risk.

You agree that the Company is not to be considered to be an employer with respect to your use of the Website and Services and that the Company shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on 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 W. Washington St., 2nd Floor

Tempe, Arizona  85281  USA

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 W. Washington St., 2nd Floor

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 Arizona, United States of America.  Any provision of these Terms and Conditions which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

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 Phoenix, Arizona.  Arbitration shall be the exclusive dispute resolution process used by the parties hereto.  Any party may commence arbitration by sending a written demand for arbitration to the other party.  Such demand shall set forth the nature of the matter to be resolved by arbitration. The substantive law of the State of Arizona shall be applied by the arbitrator to the resolution of the dispute.  The parties shall share equally all initial costs of arbitration.  The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration and any judicial determinations relating thereto, including but not limited to motions to confirm and appeals with respect to such judicial determinations.  All decisions of the arbitrator shall be final, binding, and conclusive on all parties.  Judgment may be entered on any such decision in accordance with applicable law in any court having jurisdiction thereof.  The arbitrator (if permitted under applicable law) or such court may issue a Writ of Execution to enforce the arbitrator’s decision.

 

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.

 


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