Select Page

Terms of use

Overview

ResumeJobScan.com (“Company” or “we” or “us” or “our” or “Site” or “Website” or “ResumeJobScan.com”) respects the privacy of its users (“user” or “you”) that utilize ResumeJobScan.com. We are an online destination that provides resume, cover letter, thank you letter and LinkedIn summary building and other products and services for individuals and organizations. We do not guarantee employment for any user of this site nor do we guarantee that any employer will find qualified candidates through this site.

Please read all of the terms and conditions listed on this page. Your use of this Website means that you accept the terms and conditions as listed below.

These Terms of Use provide important information concerning your use of this Website. ResumeJobScan.com makes this Website available to you for your information and as background for the products and services and your use of the Website is subject to the terms and conditions set forth below.

By accessing the information through the Website made available at www.ResumeJobScan.com and related web pages (“Website”), you agree on behalf of yourself, and any and all persons, companies and legal entities (“your principals”) that you represent, if any, and any and all employees and agents thereof (collectively, “you” and “your”) that you have read and agree to use the Website in accordance with these Website Terms of Use (“Terms of Use”). Your continued use of the Website means that you agree that these Terms of Use legally bind you as in effect at the time you access this Website. Your continued use of the Website also means that you agree to these Terms of Use as a legally binding contract on behalf of you and your company (or legal entity, as applicable).

For purposes of these Terms of Use, the term “Website” includes without limitation those parts of the Website that you can access based on your account with the Website, if any, including without limitation the publicly available content, materials and information, and any portion thereof, and any other information or materials that may be available to you if you have created an account with the Website (collectively, “Content”).

The Website Services include a wide array of services relating to resume, cover letter, thank you letter, LinkedIn profile creation and distribution as well as employment tips, and related features and services. Some features are available to users at no charge and others require the payment of fees. Please refer to the prices page posted on the Website for more information.

Payment

Charges for Website Services shall be paid via credit or debit card, ACH, or other means agreed between a user and Company. All payments will be made through a third party payment provider. We do not store any payment information on the site. Upon payment, the user agrees to all terms and conditions of the third party payment provider. Charges incurred on a periodic basis (e.g., monthly charges) are charged in advance and shall be subject to automatic renewal for the same period as the original paid period. Charges for renewal periods shall be calculated at the prevailing non-discounted rates then offered by Company. Company may increase prices at any time upon at least thirty (30) days’ prior notice to a user. Users agree to such automatic renewals and charges to users’ credit or debit card, ACH, or other payment mechanism, without requiring prior authorization in each instance, subject to users cancelling their accounts by dates indicated by Company for cancellation of any automatic renewal charge. Cancellations are made through a user account and cancellation instructions are posted on the support page of the Website. Cancellations will take effect at the end of the current paid term.

In the event of any failure by a user to make payment, the user will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Company in collecting such amounts. Company reserves the right to suspend performance of Website Services for which Company charges a fee in the event a user fails to make timely payment hereunder or under any other agreement with Company. All payments shall be made in U.S. dollars. Users shall be responsible for all taxes due on the sale of the Website Services to a user, including interest and penalties thereon (exclusive of taxes based on Company’s net income), which taxes shall include, without limitation, any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes.

ResumeJobScan.com manages the credit and refund policy on a case-by-case basis to determine the best course of action pursuant to the customer’s issue.

Account Information

By using ResumeJobScan.com, you represent and warrant that:
• All registration information you submit is truthful and accurate;
• You will maintain the accuracy of such information;
• You will keep your password confidential and will be responsible for all use of your password and account;
• You will not allow anyone else to use your account in order to access the Website Services;
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
• Your use of the Website does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your access to the Website Services.

User Content

ResumeJobScan.com facilitates creating certain materials (e.g. reports for comparing your resume and job.) using content that you provide. Content that you transfer to the Website or otherwise use in conjunction with the Website Services may include, based upon available features, text, photographs, graphics, videos, and other types of content (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, your Contributions. You hereby represent and warrant that:
• The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights, of any third party;
• You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company to use your Contributions as necessary in the performance of the Website Services;
• Your Contributions will not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
• Your Contributions will not be not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, will not incite, encourage or threaten immediate physical harm against another, will not violate any applicable law, regulation, or rule, and will not violate the privacy or publicity rights of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
• Your Contributions will not violate any state or federal law designed to regulate electronic advertising;
• Your Contributions will not amount to trolling or the making of controversial statements for the sole purpose of generating responses by others;
• Your Contributions will not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
• Your Contributions will not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
• Your Contributions will not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
• Your Contributions will not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole discretion.

Use of the Website Services

The user represents and warrants that the user will use the Website Services in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telemarketing and Consumer Fraud and Abuse Prevention Act (including the Telemarketing Sales Rule and “Do Not Call” regulations), the Federal Trade Commission Act, and the CAN-SPAM Act of 2003.

As a condition of your use of the website, you represent and warrant that you shall not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You will not submit any false, misleading or inaccurate information to the website. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Data

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Website Services, as well as data relating to your use of the Website Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Website Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

Intellectual Property Rights

The Website and all content on the Website supplied by Company and Company’s licensors (“Company Material”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright, patent, trademark and other intellectual property rights under United States and foreign laws and international conventions. Company Material, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Materials on the Website are provided to you “AS IS” for your information and internal business use for employment seeking purposes only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Website, you are granted a limited, non-exclusive, revocable, personal, non-transferable license to use the Company Material solely in connection with the Website Services and in accordance with these Terms of Use. Company reserves all rights not expressly granted to you in and to the Website and Company Materials and Marks. If you download or print a copy of the Company Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Materials or enforce limitations on use of the Website or the Company Materials therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.

Third-Party Content and Links

ResumeJobScan.com may provide links to other websites or resources (“Linked Sites”). You acknowledge and agree that we have no control over and are not responsible for the Linked Sites. You agree that ResumeJobScan.com shall not be responsible or liable, directly or indirectly, for any damage or loss arising out of or relating to the Linked Sites, including without limitation content, property, goods or services available on the Linked Sites. Links on this website are not affiliated with ResumeJobScan.com unless specifically indicated. The existence of a particular Linked Site does not indicate an endorsement by ResumeJobScan.com of that website or any information contained on any Linked Sites. ResumeJobScan.com has not reviewed the information contained on any third-party site and is not responsible for its content and does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. We cannot guarantee that information contained on a linked website is accurate, complete or timely. You must obtain written permission from us in order to link to our website.

Site Management

ResumeJobScan.com reserves the right but does not have the obligation to:
• monitor the Website Services for violations of this Agreement;
• take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
• in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
• in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
• terminate the accounts of repeat infringers; and
• otherwise manage the Website Services in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website Services.

Privacy

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or the Website Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Website Services, you are consenting to the terms of Privacy Policy.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL INFORMATION PRESENTED IS FURNISHED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ResumeJobScan.com AND ALL ITS RELATED COMPANIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NO MATERIALS OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED TO YOU “AS IS.” THIS WEBSITE DOES NOT CONTAIN ANY TAX OPINION OR TAX ADVICE, AND WE ADVISE YOU TO SEEK A PROFESSIONAL FOR SUCH INFORMATION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL OF THE COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, ADVISORY BOARD MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES (INCLUDING WITHOUT LIMITATION ANY BROKER-DEALER ENTITIES THAT PROVIDE PRODUCTS OR SERVICES FOR YOU ARISING OUT OF, OR SEPARATE FROM, YOUR USE OF THE WEBSITE) (COLLECTIVELY, “JOBJOBRESUME PARTIES”) SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT ARISE OUT OF OR RELATE TO THE WEBSITE OR THESE TERMS OF USE. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE RESUMEJOBSCAN.COM PARTIES FOR DAMAGES OF ANY TYPE, EXPENSES OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE EXCEED TWENTY-FIVE DOLLARS ($25.00). THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER ResumeJobScan.com HAS BEEN ADVISED OF THE POSSIBILITY OF THE APPLICABLE DAMAGES. AS SUCH YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES EVEN TO ANY NEGLIGENCE OF THE RESUMEJOBSCAN.COM PARTIES.

Indemnification

You agree to defend, indemnify, and hold each of the ResumeJobScan.com and their respective officers, directors, advisory board members, employees, contractors, agents and affiliates (including without limitation any broker-dealer entities that provide goods or services for you arising out of, or separate from your use of the website) harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out or relating to any and all third party claims, demands or allegations arising out of or relating to your use of the website, including without limitation arising out of or relating to your violation of the Terms of Use, any applicable laws, or your violation of any rights of a third party.

Subject to Change

Information concerning the Terms and Use of this website is subject to change from time to time. This page was last updated on May 20, 2014. ResumeJobScan.com may change the Terms of Use from time to time. ResumeJobScan.com reserves the right to modify or temporarily discontinue your access to the website or parts thereof, with or without notice to you. You agree that ResumeJobScan.com shall not be liable to you or any third-party for any modification to the website or your access to the website.

Termination

The term (“Term”) of these Terms of Use shall be until either you or ResumeJobScan.com terminates access to the website or to your website account, with or without cause at any time and effective immediately. ResumeJobScan.com may additionally, in its sole discretion, immediately terminate these Terms of Use and/or your access to your Web account should you fail to adhere to these Terms of Use. You agree that neither ResumeJobScan.com nor any of its subsidiaries and affiliates, including without limitation its affiliate funds, and their respective officers, directors, advisory board members, employees, contractors, agents and affiliates shall be liable to you or any third party for termination of these Terms of Use or your access to the website. Should you object to any terms or conditions of these Terms of Use or any subsequent modifications to these Terms of Use or become dissatisfied with the any part of the website in any way, your sole and exclusive remedy is to immediately terminate use of the website. Upon expiration of the Term or termination of these Terms of Use, your license rights to the website immediately cease.

Arbitration

Notwithstanding anything to the contrary contained in this Agreement, all claims, disputes and controversies between the parties hereto arising out of or in connection with this Agreement or your use of the website shall be resolved by binding arbitration in the State of New Jersey, by the American Arbitration Association. Any decision rendered by the arbitration panel in accordance herewith shall be final and binding on the parties hereto, and judgment thereon may be entered by any state or federal court of competent jurisdiction. Arbitration shall be the exclusive method available for resolution of claims, disputes and controversies arising out of your use of the website. Notwithstanding the foregoing, either party shall be entitled to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief, without breach of this arbitration provision.

Equitable Relief

You acknowledge that any use or threatened use of the website or Content in a manner inconsistent with these Terms of Use shall cause immediate irreparable harm to ResumeJobScan.com for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that ResumeJobScan.com shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. The parties agree and stipulate that ResumeJobScan.com shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of $1000 shall be sufficient. Nothing contained herein shall limit ResumeJobScan.com’ right to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms of Use, as applicable.

Notice

Any notice required or allowed under these Terms of Use shall be deemed properly given and effective upon (a) (i) actual delivery, if delivery is by hand; (ii) upon receipt by the transmitting party of confirmation or answer back, if delivery is by telex, telegram or facsimile; (iii) five (5) days after delivery into the regular mail, postage prepaid by registered or certified mail, return receipt-requested to the respective party at the following address; or (b) if you have provided an email address, to you immediately upon transmittal of an email to such email address. Notices will be sent to the following addresses:

If to you: Such notice will be sent to you based on the contact information you have submitted to ResumeJobScan.com.

15. General

THE TERMS OF USE AND THE RELATIONSHIP BETWEEN YOU AND ResumeJobScan.com, INCLUDING WITHOUT LIMITATION ITS AFFILIATE FUNDS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. Subject to Section 12 (Arbitration), you and ResumeJobScan.com agree to submit to the non-exclusive jurisdiction of the courts located within the County of Bergen, State of New Jersey, provided that any lawsuits or other claims brought by you must be brought within the County of Bergen, State of New Jersey. You hereby consent and submit to the in persona jurisdiction of such courts, waive any objection based on forum non convenience and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. The failure of ResumeJobScan.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. ResumeJobScan.com shall not be liable for delays or failure to make the website (including without limitation the Content) available if due to any cause or conditions beyond ResumeJobScan.com’ reasonable control, including, but not limited to, delays or failures due to acts of God, acts of civil or military authority, fire, flood, strikes, wars, failure of the Internet backbone or shortage of power. ResumeJobScan.com agrees to make the website available hereunder as an independent contractor, and in no event shall the employees and/or agents of ResumeJobScan.com or any of its subsidiaries and affiliates, including without limitation its affiliate funds, be deemed your employees and/or agents. Each party acknowledges that it is not entering into these Terms of Use on the basis of any representation not expressly contained In the Terms of Use. The Terms of Use and any broker-dealer, investor or customer agreement that may be executed constitute the entire agreement between you and ResumeJobScan.com concerning this subject matter, and supersedes and cancels any and all prior or contemporaneous agreements or contracts, whether written or oral.

 

Share This