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Terms of Service This page outlines the Terms of Service (hereafter the "Agreement") under which the ResumePromotion.com Services (hereafter the "Services") and the the ResumePromotion.com Web Site (hereafter the "Site") are provided to you. Please
read this page carefully. By using the Site and/or paying for Services, you are
indicating your acceptance to be bound by this Agreement. If
you're unwilling to be bound this Agreement, do not use this Site or pay
for Services. For purposes of this Agreement, the term "ResumePromotion.com" shall include eDirect Publishing, Inc., their officers, agents, vendors, employees and affiliates. Please note that ResumePromotion.com may revise the Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement, as it is binding upon you. One-Stop Resume Posting In exchange for its standard fees, ResumePromotion.com's One-Stop Resume Posting service will easily and automatically post a customers resume information and job requirements to a growing number of 3rd party career web sites ("Career Sites") using one single online form. In most cases postings occur within 24 to 48 hours of sign up. ResumePromotion.com Online Order Interactions Step1. The Site asks you for contact and other personal information, your desired job requirements and your relevant experience (collectively "Personal Information") which will be electronically reformatted and submitted to various 3rd party career web sites. Step 2. Next you're asked for billing contact information, credit card information, and/or bank account information (collectively "Payment Information") which is captured, validated and submitted using VeriSign's Online Payment Processing, a secure server and SSL encryption. Prior to pressing a button to submit payment you must pro-actively check a box on the Site indicating that you have read, understand and agree to this Agreement. Step 3. Upon payment authorization we'll email a purchase confirmation notice with a web site address where you can amongst other things: check the status of each 3rd party career web site posting using a page known as the "Real-Time Resume Posting Report" or "Posting Report", contact us, review our Terms of Service and review our Privacy Policy. Step 4. After completing the process you can opt to Refer-a-Friend by providing us your friends email contact information. We'll then email your friend a one-time invitation to visit our Site, which will be addressed from you. Intellectual Property Rights All content on the Site (including but not limited to text, graphics, images, logos, buttons, icons, software and other materials, hereafter "Content") are the sole property of ResumePromotion.com and/or eDirect Publishing, Inc. and is protected by U.S. copyright and international treaties. ResumePromotion.com authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the Content on any copy you make of the Content. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on ResumePromotion.com. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited. "ResumePromotion.com," Resume Posting Service designs, copy, graphics and logos and certain other names or logos are service marks or trademarks of eDirect Publishing, Inc. Other related product and service names, design marks and slogans are the service marks or trademarks of eDirect Publishing, Inc. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by eDirect Publishing's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. Acceptable Use of the Site The Site and its Services are intended solely for individuals seeking employment. The Site may be used only for lawful purposes within this stated context of ResumePromotion.com's intended and acceptable use. ResumePromotion.com holds the sole and exclusive right to interpret the meaning and definition of "acceptable use". As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with This Agreement. Security Rules Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or services of ResumePromotion.com, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure or the infrastructure of ResumePromotion.com is expressly prohibited. Violations of these Security Rules may result in civil or criminal liability. ResumePromotion.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Username and Password You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ResumePromotion.com of any unauthorized use of your registration, information, username or password. Agency Relationship By using the Site and Service you acknowledge that you have pro-actively hired ResumePromotion.com to act on your behalf, as your Agent (hereafter "Agency Relationship"), to create accounts and post your Personal Information on the 3rd party career web sites and web portals, subject to the terms, conditions, rules and regulations governing the services provided by each of these sites. You hereby further convey to ResumePromotion.com power of attorney to sign on your behalf (whether on paper or digitally) specifically indicating to each of these 3rd party career web sites that you have read, understood and agree to abide by their terms, conditions, rules and regulations. Click here to review the current list of 3rd party career web sites ResumePromotion.com posts to, and to access links where their terms of service may be found. You additionally acknowledge your understanding that ResumePromotion.com has standardized its web based information gathering forms (hereafter "Forms") in order to make easy the re-posting of your Personal Information on the various web forms and in the various formats required by the various 3rd party career web sites. With this understanding you further authorize ResumePromotion.com to make its best efforts to interpret some of your answers to questions provided on the Forms in order to re-post whatever information ResumePromotion.com believes, in its sole discretion, are substantially similar answers amongst the available choices on the various 3rd party web sites. By entering into this Agreement you're accepting full and total responsibility for the actions ResumePromotion.com performs on your behalf and at your request, as if you had performed those actions yourself. Your further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from the use of the Site and Services and from this Agreement. Posting Your Resume Confidentially If you select "Post My Resume Confidentially" during an Online Order Interaction with ResumePromotion.com,
ResumePromotion.com will select the confidentiality option on the 3rd party career web sites offering that feature. For sites that do not offer a confidentiality feature, ResumePromotion.com will replace your personally identifiable information as follows: Job Search Agents Job Agents are automated search engines at 3rd party career web sites that search for job openings matching criteria given them and then email leads of matching jobs to the email address provided to the 3rd party career web site. ResumePromotion.com has selected some 3rd party career web sites with Job Agent services and has set up Job Agents to automatically be part of the Resume Posting Service. ResumePromotion.com does not setup Job Agents at every 3rd party career web site that has Job Agents or related services. ResumePromotion.com uses its best efforts to match the information given us via its Forms to make sure that the Job Agents setup match the type of position(s) desired. ResumePromotion.com makes no guarantees that the Job Agents setup will match job leads you desire. Once you are posted to the 3rd party career web sites, you may receive email from the 3rd party career web sites when Job Agent matches are found. It is your responsibility to refine the job search criteria used by the Job Agents, if you desire to do so. After being posted to the 3rd party career web sites, your Real-Time Resume Posting Report clearly shows which sites have Job Agents setup. The Real-Time Resume Posting Report provides links for you to login to the 3rd party career web sites where you can customize these Job Agents. For more information on this feature please review our Privacy Policy. Spam Prevention & Email Forwarding Posting an email address on the Internet can sometimes give rise to unwanted email ("Spam"). To alleviate this problem, ResumePromotion.com provides its Spam Prevention & Email Forwarding Service, as defined in this section. ResumePromotion.com creates a new job search email address ("Posted Email Address") for you and uses it as part of its Resume Posting Service. Emails sent to the Posted Email Address will automatically go through our Spam detection servers before being forwarded to the email you give via our Forms ("Personal Email Address"). This greatly reduces the amount of Spam you would receive at your Personal Email Address. By using the Spam Prevention & Email Forwarding service, you give ResumePromotion.com the permission and power to choose which emails sent to your Posted Email Address should be filtered and which should be forwarded to your Personal Email Address. You give ResumePromotion.com the permission to alter the content of 3rd party emails for any reason. You also give ResumePromotion.com the permission to store copies of the filtered and forwarded email on its servers. ResumePromotion.com does not receive or accept any authority over your usage of your Personal Email Address, and will not be held liable for anything related to your Personal Email Address. Additional information and terms regarding your Personal Email Address are given in our Privacy Policy. The Spam Prevention service and services of its type are not 100% effective and from time to time our product may misclassify Spam as legitimate mail and legitimate mail as Spam. ResumePromotion.com makes no guarantees that all Spam will be blocked from being forwarded to your email account. ResumePromotion.com also makes no guarantee that all legitimate email will be delivered to your email account. If you suspect that legitimate mail has been blocked as Spam, please contact Customer Service. Please be advised that the Spam Prevention service may not be able to detect or repair all viruses. There is a risk involved whenever downloading email attachments to your computer and ResumePromotion.com is not responsible for any damages caused by your decision to do so. ResumePromotion.com may place limits on the amount of email a user may receive in a day in order to protect the health of the company's network. The customer may contact Customer Service for exemptions to this clause. Indemnification By using the Services you agree to defend, indemnify and hold harmless ResumePromotion.com from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your use of the Site and Services, the provision by you of any Content to the Site or other 3rd party career web sites, or the Agency Relationship. ResumePromotion.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you at your expense in their defense. Release and Limitations of Liability You further agree to release ResumePromotion.com from any claims, demands and damages (actual, 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 this Agreement or the Agency Relationship. If you are a California resident, under this Agreement you are additionally waiving your rights under California Civil Code 1542 which says, "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." IN NO EVENT SHALL RESUMEPROMOTION.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESUMEPROMOTION.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RESUMEPROMOTION.COM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER. Warranties By entering into this Agreement you acknowledge that ResumePromotion.com is simply acting as a conduit or messenger and that it makes no warranties of any kind relating to the 3rd party career ResumePromotion.com post you to. ResumePromotion.com will simply pass through information provided by you and will not verify the accuracy of that information nor accept any responsibility for your activities or conduct ResumePromotion.com is not an employment agency or recruiting firm. ResumePromotion.com makes no warrantees or guarantees about any customer's ability to procure employment. ResumePromotion.com does not control any of the 3rd party career web sites it posts to, nor does it control any portion of the hiring process related to its customer. ResumePromotion.com therefore makes no representations or guarantees regarding the effectiveness or timeliness of its Site, Services, Content, or its effectiveness in meeting the employment or any other objectives of its customers. Furthermore nothing on the Site shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, technologies, services, business practices or otherwise. Additionally, ResumePromotion.com makes no warranties of any kind related to its standardization and interpretation of the information gathered in its Forms in order to provide information to 3rd party career web sites. You acknowledge and agree that accuracy of your Personal Information on 3rd party web sites is your sole responsibility, and that ResumePromotion.com is not responsible for correcting, changing or modifying any information provided to 3rd parties on your behalf. RESUMEPROMOTION.COM DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RESUMEPROMOTION.COM IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RESUMEPROMOTION.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RESUMEPROMOTION.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. Grants By submitting your Personal Information to the Site you automatically grant ResumePromotion.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Personal Information (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Personal Information have been waived. General Provisions International Access: eDirect Publishing, Inc. is based in San Diego County, California. ResumePromotion.com makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Equitable Relief: You understand and agree that due to the nature of This Agreement, in addition to money damages, ResumePromotion.com will be entitled to equitable relief upon a breach of this Agreement by you. Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in San Diego County, California. Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding ResumePromotion.com, the Site, or Services. Digital
Admissibility: You hereby agree that a printed version of this Agreement and
of any other notice given in electronic form by ResumePromotion.com or in the Site,
which is based upon or relating to this Agreement, shall be admissible in
judicial or administrative proceedings and subject to the same conditions as
other agreements, business documents or records originally generated, entered
into, signed or maintained in printed form. |
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