Terms and Conditions
ResumeterPro.com (“ResumeterPro”) and the individual using the website (“User”) agree that ResumeterPro shall make available to User the services (“Services”), subject to this Agreement (“Agreement”). Services may include, but are not limited to, ResumeterPro resume check, resume optimization, job searching, job descriptions, candidate report, business information, compensation, employee comments, legal or financial data and ratings of world-wide business entities supplied by ResumeterPro or any affiliate of ResumeterPro (“Information”).
1.1 ResumeterPro grants to User a non-exclusive, non-transferable license (“License”) to use and display the Information specified in an Order, subject to the limitations contained in this Agreement and such Order. ResumeterPro retains all ownership rights (including copyrights and other intellectual property rights) in the Services, in any form, and User obtains only such rights as are explicitly granted in this Agreement and such Order.
1.2 Each license is for a term of one (1) month, beginning on the effective date of the Order. The Service (i) is available only for the User specified on the Order; (ii) is intended only for each User’s individual use; and (iii) may not be shared with other persons or entities, either internally or externally. A User is authorized to access the Services during the term of this Agreement and according to the terms of the Order, either online, or after the Information has been downloaded in accordance with the terms of this Agreement. ResumeterPro reserves the right to deny access to any User whose account violates the license terms for the Service.
2. Restrictions on Use
2.1 The Services are licensed for User’s use only and subject to any restrictions set forth in the Order. User will not provide Information, or other Services to others, whether directly in any media or indirectly through incorporation in a database, marketing list, report or otherwise, or use or permit the use of Information to generate any statistical or other information that is or will be provided to third parties (including as the basis for providing recommendations to others); use or permit the use of Information to prepare any comparison to other information databases that is or will be provided to third parties; or voluntarily produce Information in legal proceedings.
2.2 User will not use Information as a factor in establishing an individual’s eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, or (ii) employment. In addition, User will not use any Service to engage in any unfair or deceptive practices and will use the Services only in compliance with applicable state, local, federal or foreign laws or regulations, including but not limited to laws and regulations promulgated by the Office of Foreign Asset Control, applicable export restrictions, and/or those laws and regulations regarding telemarketing, User solicitation (including fax and/or e-mail solicitation), data protection and privacy.
2.3 If applicable, upon expiration or termination of a License with respect to particular Information, or upon receipt of Information that is intended to supersede previously obtained Information, unless ResumeterPro instructs User otherwise, User will immediately delete or destroy all originals and copies of the Information, as applicable, and upon request, provide ResumeterPro with certification thereof.
2.4 Upon reasonable notice and during regular business hours, User will permit ResumeterPro to inspect the locations at, or computer systems on which, Information is used, stored or transmitted so that ResumeterPro can verify User’s compliance with this Agreement.
2.5 ResumeterPro reserves the right to monitor User’s use of the Service to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not the Service is accessed under the account from multiple computers, as well as noting downloads beyond the limit of the total number of records as may be set forth in the applicable Order or a disproportionate number of logins. ResumeterPro reserves the right to limit access to the Services to (i) viewing or printing using a third party web browser print function, and (ii) downloading a maximum number of records. In addition, User shall be bound by any access and download limitations that are internal to a Service. Per 1-month term of the License, User shall be limited to downloading such records as may be set forth in the applicable Order or posted within a Service. All download limitations will be enforced at ResumeterPro’s discretion. User may not make available a user name and password to any party. Systematic access or extraction of content from the Service, including, but not limited to, the use of “bots” or “spiders,” is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, ResumeterPro reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of the account.
3. Billing Policy
The Services will commence on the date the User’s order is accepted by ResumeterPro (the “Effective Date”) and will continue on the basis of successive billing periods of 30 days (with the first day of each billing period being a “Billing Date”) thereafter until terminated by either party. ResumeterPro will charge the Client’s credit card on each Billing Date for the billing period beginning on that date. If funds are not available or ResumeterPro otherwise is unable to collect any fees when due, ResumeterPro may continue to submit charges on User’s credit card from time to time until all fees due are paid. ResumeterPro may suspend all or any portion of the Services at any time when fees are due and unpaid.
Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of User.
Please note: Clients who are subscribed to monthly packages, who have surpassed the free trial period, will not be entitled to a refund. Free trial periods may vary in length and are specified with each order.
4.1 Though ResumeterPro and its affiliates use extensive procedures to keep its database current and to promote data accuracy, User acknowledges that the Information will contain a degree of error.
4.2 ALL SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, ResumeterPro DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ResumeterPro DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR PERFORMANCE. ResumeterPro WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, ResumeterPro CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING SERVICES OR INFORMATION.
5. Copyrights and Other Proprietary Rights
5.1 Information is proprietary, copyrighted works of ResumeterPro and its affiliates and comprises: (i) works of original authorship, including compiled Information containing ResumeterPro or its affiliates’ selection, arrangement and coordination and expression of such Information or pre-existing material it has created, gathered or assembled; (ii) trade secret and other confidential information, including information that derives value or potential value from not being readily known or available; and (iii) information that has been created, developed and maintained by ResumeterPro or its affiliates at great expense, such that misappropriation or unauthorized use by others for commercial gain would unfairly and/or irreparably harm ResumeterPro and its affiliates or reduce ResumeterPro or its affiliates’ incentive to create, develop and maintain such information. User will not commit or permit any act or omission that would contest or impair ResumeterPro or any affiliate’s proprietary and intellectual property rights in Information or that would cause the Information to infringe the proprietary or intellectual property rights of a third party. User will reproduce ResumeterPro or its affiliate’s copyright and proprietary rights legend on all copies of Information.
5.2 User will not use any trademark, service mark or trade name of ResumeterPro or any of ResumeterPro’s affiliated companies or publish any press releases regarding this Agreement or any order. User shall not disclose the negotiated pricing or terms of this Agreement, or any order, to any third party.
5.3 ResumeterPro represents and warrants to User that, to ResumeterPro’s knowledge, the Information, when used in accordance with this Agreement, does not violate any existing, U.S. copyrights, patents, trademarks, or other intellectual property rights of any third party, as of the effective date of the applicable Order. The foregoing warranty does not apply to the extent User modifies the Information in any way or combines the Information with material from third parties.
5.4 User shall implement and maintain security measures with respect to the Information in User’s possession that effectively restrict access to Information, and protect Information from unauthorized use, alteration, access, publication and distribution. In no event shall such security measures be less restrictive than those User employs to safeguard its most confidential information. User shall supply ResumeterPro with a description of such security measures at ResumeterPro’s request. In the event of an actual or suspected breach of such security measures, User shall notify ResumeterPro within 24 hours.
ResumeterPro may terminate this Agreement at any time.
7. Limitation of Liability
7.1 UNDER NO CIRCUMSTANCES, AGGREGATE LIABILITY WILL EXCEED THE AGGREGATE AMOUNT PAID TO ResumeterPro BY User. ANY CLAIMS WILL BE BROUGHT, IN ACCORDANCE WITH THIS AGREEMENT, WITHIN 3 MONTHS OF THE FIRST OCCURRENCE GIVING RISE TO SUCH CLAIMS, OR SUCH CLAIMS WILL BE FOREVER BARRED.
7.2 ResumeterPro SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Choice of Law; Disputes
8.1 This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law provisions. Any disputes arising out of this Agreement that cannot be resolved by the parties will be brought in state or federal court located in State of Texas.
8.2 User will pay all costs and expenses, including reasonable attorneys’ fees, that ResumeterPro incurs in any action to enforce User’s obligations under this Agreement.
9.1 All prior agreements, both oral and written, between the parties on the matters contained in this Agreement are expressly cancelled and superseded by this Agreement. In no event shall any terms or conditions included on any form of User purchase order apply to the relationship between ResumeterPro and User hereunder, unless such terms are expressly agreed to by the parties in writing. Any amendments of or waivers relating to this Agreement or any Order must be in writing signed by both parties.
9.2 Third parties (including affiliates of ResumeterPro) that provide information, software or services to ResumeterPro or its affiliates for use in providing the Services are intended third party beneficiaries of paragraphs 4 and 7.
9.3 User’s use of the information must in all cases comply with all applicable laws and regulations.