8.
GUIDELINES
FOR REVIEWS
We may provide you
areas on
the Services to leave reviews or ratings. When posting a review, you must comply with the
following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2)
your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful
language;
(3) your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4) your reviews should
not
contain references to illegal activity; (5) you should not be affiliated with competitors if
posting
negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you
may
not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post
reviews, whether positive or negative.
We may accept,
reject,
or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews
or
to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are
not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you hereby grant to
us a
perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable
right and license
to reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
9.
SOCIAL
MEDIA
As part
of
the functionality of the Services, you may link your account with online
accounts
you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to
access your Third-Party Account, as
is
permitted under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent
and
warrant that you are entitled to disclose your Third-Party Account login information
to us
and/or grant us access to your Third-Party Account, without breach by
you
of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without
obligating
us to pay any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us
access
to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists
and (2) we may submit to and receive from your Third-Party Account additional
information
to the extent you are notified when you link your account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and
subject
to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on
and through your account on the Services. Please note that if a Third-Party Account or associated
service
becomes unavailable or our access to such Third-Party Account is terminated by
the
third-party service provider, then Social Network Content may no longer be
available
on and through the Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at any time.
PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or
non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with
a
Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the
Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us
using
the contact information below or through your account settings (if applicable).
We
will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account,
except
the username and profile picture that become associated with your
account.
10.
THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain
(or you may be sent via the Site
) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content
or
items belonging to or originating from third parties (
"Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you
should be aware these Legal Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to which you navigate
from
the Services or relating to any applications you use or install from the Services. Any purchases
you
make through Third-Party Websites will be through
other
websites and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless
from
any harm caused by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or resulting in any
way
from any Third-Party Content or any contact with
Third-Party Websites.
11.
ADVERTISERS
We allow advertisers to
display their advertisements and other information in certain areas of the Services, such as
sidebar
advertisements or banner advertisements. We simply provide the space to place such
advertisements,
and we have no other relationship with advertisers.
12.
SERVICES
MANAGEMENT
We reserve the right, but
not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate
legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable
(to
the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our
sole
discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our
systems;
and (5) otherwise manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
13.
PRIVACY
POLICY
We care about data
privacy
and security. By using the Services, you agree to be bound by our Privacy Policy posted on the
Services, which is incorporated into these Legal Terms. Please be advised the Services are
hosted in
the United States
. If you access the Services from any other region of the
world
with laws or other requirements governing personal data collection, use, or disclosure that
differ
from applicable laws in
the United States
, then through your continued use of the Services, you are
transferring your data to
the United States
, and you expressly consent to have your data transferred to
and
processed in
the United States
.
Further, we do not knowingly accept,
request, or solicit information from children or
knowingly
market to children. Therefore, in accordance with the
U.S.
Children’s Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has
provided personal information to us without the
requisite
and verifiable parental consent, we will delete that
information from the Services as quickly as is
reasonably
practical.
14.
COPYRIGHT
INFRINGEMENTS
We respect the
intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or
linked
to by the Services infringes your copyright, you should consider first contacting an
attorney.
15.
TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION
OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend
your account for any reason, you are prohibited from registering and creating a new account
under
your name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal,
and
injunctive redress.
16.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our
Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or
need to perform maintenance related to the Services, resulting in interruptions, delays, or
errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no
liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms
will be
construed to obligate us to maintain and support the Services or to supply any corrections,
updates,
or releases in connection therewith.
17.
GOVERNING
LAW
These Legal Terms and
your
use of the Services are governed by and construed in accordance with the laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of
law
principles.
18.
DISPUTE
RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer
Rules"
), both of which are available at the American Arbitration Association (AAA) website. Your
arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The
arbitration
may be conducted in person, through the submission of documents, by phone, or online. The
arbitrator
will make a decision in writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in
Los Angeles 90001,
California
. Except as otherwise provided herein, the Parties
may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the
Dispute shall be commenced or prosecuted in the
state
and
federal courts
located in
Los Angeles 90001,
California
,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such
state
and federal courts. Application of the United
Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related
in
any way to the Services be commenced more than one (1) years after
the
cause of action arose. If this provision is found
to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within
that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above,
and
the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to
the
above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related
to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for
injunctive
relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19.
CORRECTIONS
There
may
be information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to correct
any
errors, inaccuracies, or omissions and to change or update the information on the Services at any
time,
without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
DURING THE six (6) MONTH PERIOD
PRIOR
TO ANY CAUSE OF ACTION ARISING
OR
$100.00 USD
.
CERTAIN US STATE LAWS AND
INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to
defend,
indemnify,
and hold us harmless,
including our subsidiaries,
affiliates,
and all of our respective officers,
agents,
partners,
and employees,
from and against any loss,
damage,
liability,
claim,
or demand,
including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach of these Legal Terms;
(4) any breach of your representations and warranties
set
forth in these Legal Terms;
(5) your violation of the rights of a third party,
including but not limited to intellectual property rights;
or (6) any overt harmful act toward any other user of
the
Services with whom you connected via the Services. Notwithstanding the foregoing,
we reserve the right,
at your expense,
to assume the exclusive defenseand control of any matter for which you are
required to
indemnify us,
and you agree to cooperate,
at your expense,
with our defense
of
such claims. We will use reasonable efforts to notify you of any such claim,
action,
or proceeding which is subject to this indemnification upon becoming aware of it.
23.USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the performance of
the
Services,
as well as data relating to your use of the Services. Although we perform regular routine
backups of
data,
you are solely responsible for all data that you transmit or that relates to any activity you
have
undertaken using the Services. You agree that we shall have no liability to you for any loss or
corruption of any such data,
and you hereby waive any right of action against us arising from any such loss or corruption of
such
data.
24.ELECTRONIC
COMMUNICATIONS,
TRANSACTIONS,
AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE
TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances,
or
other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic
means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer Services of the
California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112,
Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26.MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a waiver of such right
or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any
or
all of our rights and obligations to others at any time. We shall not be responsible or liable
for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any
provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Legal
Terms
and does not affect the validity and enforceability of any remaining provisions. There is no
joint
venture, partnership, employment or agency relationship created between you and us as a result
of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you
may
have based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto
to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the
Services, please contact us at:
Care of
/ Resumatic AI
7101 S CENTRAL AVE., Los Angeles, CA 90001
California, United States
Phone: 8185243644
yaronyaronlid@gmail.com
