SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
References to “Dispute” mean any claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.
References to the “Services” mean any and all services offered by us, including but not limited to professionally written resumes, cover letters, LinkedIn profile overhauls, reference lists, thank you letters, professional head shot photos, curricula vitas, federal resumes, and interview coaching.
References to the “Site” mean the Website bearing the URL ww.topresumeexperts.com
as well as any other Sites owned and/or operated by us under the Top Resume Experts brand.
References to “us,” “we,” “our,” and/or “Top Resume Experts,” mean Top Resume Experts, L.L.C., a North Carolina limited liability company.
References to “you,” and/or “User” mean the User of the Site and/or the Services.
1.2. Agreement to be Bound.
SECTION II: GENERAL PROVISIONS
2.1. No Guarantee of Employment & Interviews.
While we seek to provide advanced Services and quality products, you acknowledge and agree that we do not guarantee any User shall find employment leads, interviews, or positions as a result of our Services. Rather, success is dependent on User’s own commitment to User’s job search, meeting/exceeding employer(s) requirements, economic conditions, interviewing skills & abilities, criminal history, educational background, and prior work history. In no event shall the Services be construed by a User as a promise of profit, sales, revenues, or increased wealth or assets. We do not guarantee that any resume, cover letter, or other Service offered shall meet or exceed the requirements or expectations of a hiring manager or company.
To the extent any third-party income, sales or growth figures are mentioned, provided as a case study, or otherwise presented to a User, such information is anecdotal and passed on to Top Resume Experts concerning the results achieved by the individual sharing the information. Top Resume Experts has performed no independent verification of the statements made by those individuals. Such information, if provided, is provided for exemplar purposes only. In short, past performance and testimonials are not to be construed as an indication, promise, or projection of possible future employability or success. User shall not assume that he or she has the potential to make such income or growth figures as a result of his or her use of the Services.
2.2. Accuracy, Completeness, and Timeliness of Information.
We are not responsible if information made available on the Site or via the Services is not accurate, complete, or current. You acknowledge that the Site and Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You acknowledge further that any reliance on the Site and the Services is at your own risk.
2.3. Errors in Web Site and/or Services.
We do not warrant that any errors in the Site and/or the Services will be corrected.
2.5. Modifications and Changes to the Web Site and Services Offered.
We may modify, add to, suspend, or delete any aspect of this Site or any Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.6. Access to Site and Services.
Though we try to make the Site and the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Site or Services will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site or the Services.
2.7. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Site and/or Services for any reason at any time in our sole and exclusive discretion.
2.8. Prohibited Uses of Site and Services.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Site and/or the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Site or the Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or the Services. We reserve the right to terminate your use of the Site and/or the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
2.9. Customer Service.
Telephonic, email, and in-person customer service may be obtained Monday through Friday from 7 a.m. to 9 p.m. and Saturday through Sunday from 8 a.m. to 6 p.m. local, North Carolina time. The customer service email for all offices is firstname.lastname@example.org. The customer service number for Top Resume Experts is 704-727-2323.
6047 Tyvola Glen Circle., Charlotte, NC 28217
2.10. External Accounts.
SECTION III: SERVICE FEES
3.1. Service Fee.
Use of our Services is subject to the payment of a fee (the “Service Fee”) in the amount set forth on the Site at the time of purchase. All Service Fees shall be pre-paid via a major debit or credit card.
Due to the nature of the Services, in no event shall a refund of a pre-paid Service Fee be granted, including but not limited to errors in the Services, dissatisfaction with the Services, failure to obtain interviews or employment, and/or failure of a Service to meet the requirements of the industry.
Users may request reasonable revisions twice, to any work product arising from the Services within fourteen (14) calendar days following the first delivery of drafts. Any revisions requested after such period shall be processed as a new order.
SECTION IV: INTELLECTUAL PROPERTY
4.1. Intellectual Property Rights Not Waived.
All material displayed or transmitted on this Site and via the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Site or via the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Site or via the Services for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Site or via the Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to email@example.com.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third-party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, and store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Top Resume Experts or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback, provided to us by third-parties, or independently-developed or considered by us, shall be without obligation to you.
SECTION V: Third-Party Advertisements, Promotions, and Links
5.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third-parties on the Site and/or the Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site and/or the Services.
5.2. Use of Third-Party Tools.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site and/or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5.3. Third-Party Links, Products, and Services.
Certain content, products, and services available via our Site may include materials from third-parties.
Through the Site and/or the Services we may direct you to third-party sites, apps and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or sites or apps or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Site and/or the Services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
5.4. Grant of License.
User hereby irrevocably grants to Top Resume Experts, and those acting with its authority, the unrestricted, absolute, perpetual, worldwide right and license to use User’s resume, photograph, likeness, voice, and all other work product arising from or related to the Services provided to User to the extent the same has been de-identified and does not specific said User by name or email (the foregoing, collectively, the “Content”), without compensation, consideration, or notice or permission to said User or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any vendor (or its designee)’s advertising, promotions, activities, or materials.
SECTION VI: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
6.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the Site OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE SITE AND PROVIDED VIA THE SERVICES IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE AND/OR SERVICES.
(D) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE information. BY utilizing THE SITE AND/OR SERVICES YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE SITE OR THE SERVICES.
(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF SERVICE FEES YOU PAY TO US IN THE TWELVE
(12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00,) WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
You agree to defend, indemnify, and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PAENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE SITE AND/OR SERVICES; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND/OR (E) the unauthorized use of the Site OR SERVICES by any other person using your information.
SECTION VII: GOVERNING LAW; ARBITRATION
7.1. Governing Law.
The parties agree that any dispute concerning, relating, or referring to these Terms and/or the Site shall be resolved exclusively by binding arbitration in accordance with the substantive laws of North Carolina and shall be brought for arbitration in Mecklenburg County, North Carolina, pursuant to the rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
SECTION VIII: MISCELLANEOUS
8.1. Affiliate Disclosure.
We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site and/or the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate.
8.2. Different and Conflicting Terms.
We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.
8.5. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
8.7. Rights of Third Parties.
These Terms do not give any right to any third-party unless explicitly stated herein.
8.8. Relationship of the Parties.
The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
8.10. Additional Services, Contests.
We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such contest, program, product, or service.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Top Resume Experts, L.L.C., 6047 Tyvola Glen Circle, Charlotte, NC 28217, United States, and, in the case of any User, to the email address you provide to us upon purchase of a Service. Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon purchase. In such case, notice shall be deemed given three days after the date of mailing.
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