The following is the terms of the agreement between Resume Corner, Inc. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). All documents, resumes, cover letters, coaching services and other materials produced or provided by Company or its employees and contractors are collectively referred to as “Services”. If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Company will e-mail Buyer a copy of the resume. If resume is not received, Buyer is required to notify Company in writing. If Company does not receive such a written request within 10 business days after e-mailing the resume, it will assume that the e-mailed documents were received by Buyer.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion, services and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. Limited License. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Services provided strictly in accordance with this Agreement; (b) to use the Services solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Services solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. All documents produced by and provided by Company are the exclusive property of the Company. Company may use them for any purpose, including but not limited to marketing, as samples of work, for publication in books, or any other purpose.
5. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
6. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
7. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site or services.
8. Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
9. Disclaimer. THE SERVICE, CONTENT, GOODS AND INFORMATION FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
10. Refund Policy and Revisions. If a product purchased is defective or not to Buyer’s satisfaction, Buyer can request Company to make revisions. Revision requests must be received within 30 days of purchase. After the 30 day period Company cannot make any further revisions except as implied in the Guarantee. The Company does not issue refunds. This Section 10 sets forth Buyer’s sole and exclusive right to refund and revisions.
11. Guarantee. The Guarantee is valid for a period of 90 days and can be redeemed only if the Buyer has applied for at least 30 active job openings for the job objective for which the resume was originally ordered. If Buyer does not receive one interview within 30 days, Company will perform one final revision to the resume. After the revision, the Guarantee will be deemed as executed and no further revision requests or claims can be made by the Buyer. Company's writers will work in good faith to produce the best possible resume and will make corrections necessary to do this. However, should Buyer force the writer to make changes that writer advises against or if Buyer modifies the resume created by Company, the terms of this guarantee will become null and void.
12. Accuracy. Buyer is required to proofread and check all documents for completeness and accuracy. Buyer is solely responsible for the accuracy of information included on the resume. Any changes must be communicated in writing within 30 days of purchase. Company does not verify Buyer's employment, skill capabilities, education or background.
13. Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
14. Resume Posting and Distribution. If you purchase our resume posting or distribution services, you authorize us to distribute your resume to our network of recruiters or to post your resume on online job boards. Company is not responsible for actions of such third parties to whom your resume is distributed.
15. Miscellaneous. This Contract shall be treated as though it were executed and performed in Queens, New York, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of New York (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Queens, New York, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.