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1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the web sites which are owned, operated, or powered by WebResumeplace, LLC, (“WebResumePLace,” "we," "us," or "our") and our affiliates, including, without limitation, this web site and any other web site that we may own, operate, or power currently or in the future, and all of the Fee-Based Products that we may offer currently or in the future. For purposes of this Agreement, "affiliates" shall mean any partner web site utilizing WebResumePlace’s Resume BUILDER and PUBLISHER application software, any co-branded or Powered-by WebResumePlace Software web site, or any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, WebResumePlace, LLC, and its subsidiaries.
2. Your Use of this Web Site and Our Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use, and display this web site and the material provided hereon, and the Fee-Based Products that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer, or sublicense your rights as a registered user of, or subscriber to, this web site and/or our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Products subscribed to by you.
By using this web site and/or our Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this web site (or any part thereof) and/or our Fee-Based Products. In our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of the web site or our Fee-Based Products, including, but not limited to, (i) restricting the time the web site and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the web site and/or any of our Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the web site and/or our Fee-Based Products may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our web site (or part thereof), and/or our Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our web site and/or our Fee-Based Products.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this web site or our Fee-Based Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, or events ("Additional Terms"). Such Additional Terms may be placed on the web site to be viewed in connection with the specific content, activities, features, or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement. We make no warranty, express or implied, against damages resulting from failure to store, manage, process, or deliver any document or data. We sometimes use outside contractors to perform these functions. We also specifically exclude all warranties related to the performance of these functions by outside contractors.
3. Charges and Fees for Fee-Based Products
Certain portions, components, content, and features of this web site are only available to individuals who purchase a subscription to one of our Fee-Based Products. As a subscriber to one of our Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this web site (such as the recurring monthly fee). We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this web site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products.
B. In addition to the subscription charges set forth above, you are responsible for all charges and fees associated with connecting to our web site and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes, and any other fees and charges necessary to access our Fee-Based Products.
C. For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide us with true, accurate, and complete information as required by the subscription or sign up process to our Fee-Based Products ("Subscription Data"), including your legal name, address, telephone number, email address, and applicable billing information (e.g., credit card number and expiration date), and to allow us to verify the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our web site (or any portion thereof) or any of our Fee-Based Products. You are obligated to check the “Member Page” feature of our web site to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost, or is subject to use without your authorization, access the My Account feature of this web site to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
E. If we terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full monthly or annual fee for any month or year (or portion thereof) elapsed (regardless of whether you logged onto our web site or used the Fee-Based Product during that month or year).
F. In the event that you elect to purchase our resume writing service, WebResumePlace Software will not refund monies once the resume first draft has been created or sent to your e-mail address. WebResumePlace Software will retain Fifty Dollars ($50.00 USD) from your order, once placed, regardless of cancellation.
4. Cancellation of Subscription
You can cancel your subscription by contacting Customer Service (and following the instructions provided) or by such other means as we may provide from time to time.
5. Availability of Fee-Based Products
The availability and use of our Fee-Based Products may be limited based on, but not limited to, the user’s computer platform; browser and operating system; installed software; availability and access to the required software necessary for running the application; and installed firewall and pop-up blocking software.
6. Privacy and Security
7. Automatically Become a Registered User as a Subscriber to One of Our Subscriptions
You automatically become a registered user of this web site, which provides you with access to certain products, offerings, features, or resources of our web site such as the ability to create and store your resume. If you cancel your subscription to our Fee-Based Products, you will remain a registered user of our web site unless you specifically request otherwise.
8. Restrictions on Use of Materials
You acknowledge that this web site contains information, software, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, articles, and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All trademarks appearing on this web site are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors, and other third parties may also have additional proprietary rights in the Content which they make available on this web site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other web site or networked computer environment is strictly prohibited unless you receive our prior written consent.
9. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, resumes, cover letters, web pages, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas ,notes, drawings, articles, and other materials posted, emailed, or otherwise transmitted to or on this web site, now or in the future, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to this web site. We do not control the Postings posted, emailed, or otherwise transmitted on our web site by others and, as such, we do not guarantee the accuracy, integrity, or quality of such Postings. Under no circumstances will we be liable in any way for any Postings including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed, or otherwise transmitted to or through this web site. You agree not to use this web site to:
This Agreement applies only to this web site, and not to the web sites of any other person or entity. We may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, or other resources available on any other web site (regardless of whether we directly or indirectly link to such content, advertisements, products, or other resources). You should direct any concerns with respect to any other web site to that web site's administrator or webmaster.
11. Third Party Products and Services
You may, now or in the future, have the opportunity to order services, merchandise, or other products through our web site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise, and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise, and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
12. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our web site (or any part thereof) who infringe the intellectual property rights of others.
13. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. NEITHER WEBRESUMEPLACE SOFTWARE , ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT THIS WEB SITE OR ANY FUNCTION CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT, AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT, OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS). NEITHER WEBRESUMEPLACE SOFTWARE OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. WE SPECIFICALLY EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT ASSUMES NO LEGAL LIABILITY FOR, AND YOU AGREE TO INDEMNIFY US FOR ALL PERSONAL OR PROPERTY DAMAGES OF ANY SORT RESULTING FROM ANY USE OR MISUSE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO:
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THIS WEB SITE OR ANY WEB SITE OR WEB SITES LINKED TO THIS WEB SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEB SITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); OR (F) ANY OTHER MATTER RELATING TO THIS WEB SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEB SITE, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEB SITE.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents, and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of this web site or our products or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
16. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this web site (including, without limitation, the Fee-Based Products) or this Agreement shall be filed only in the state or federal courts located in Hunterdon County, New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17. Miscellaneous Terms
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