Get your resume posted on up to 90 job sites at once!
Terms of Service Statement
1.
The standard ResumeDirector.com service ("Service") owned and operated by
Hire Resumes, Inc. ("HR"), is provided to you ("Member") under the
terms and conditions of this ResumeDirector.com Terms of Service ("ToS") and
any operating rules, policies, price schedules, or other supplemental documents which are
expressly incorporated herein by a reference in this ToS and published from time to time
by HR. The ToS (which includes such expressly incorporated supplemental documents)
comprises the entire agreement between Member and HR and supersedes all prior agreements
between the parties regarding the subject matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THE ToS, INCLUDING, BUT NOT LIMITED TO, USE OF THE SERVICES IN
COMPLIANCE WITH SECTION 11, MEMBER CONDUCT.
2.
DESCRIPTION OF SERVICES
HR
is providing Member with a capability to automatically submit resumes to job board web
sites using the ResumeDirector.com web site. In consideration for the Service, Member
agrees to: (1) provide certain limited information about Member as prompted to do so by
the Service (such information to be current, complete and accurate) , (2) maintain and
update this information as required to keep it current, complete and accurate and (3) pay
for whatever services are desired. The information requested on original sign up shall be
referred to as registration data ("Registration Data"). Although HR will take
reasonable measures to exclude Member's name, mailing address, email address, account and
phone number from any disclosures, HR may (i) in certain cases where Member accesses HR's
site from other third party sites, release Member's email address to such third party, and
(ii) as Member expressly directs HR, release Member's email address to any other person
Member may specifically designate. Notwithstanding the foregoing, due to the existing
legal and regulatory environment, HR cannot ensure that Member's personally identifiable
information or Member's private communications will not be disclosed to third parties. By
way of example (without limiting the foregoing), HR may be forced to disclose information
to the government or third parties under certain circumstances, or third parties may
unlawfully intercept or access transmissions or private communications. Further, HR can
(and Member hereby authorizes HR to) disclose Registration Data or any information about
Member to law enforcement or other government officials as HR, in its sole discretion,
believes necessary or appropriate. Therefore, HR does not promise, and Member should not
expect, that personally identifiable information or private communications will always
remain private.
In operating the ResumeDirector.com service, HR acts as a conduit between the Member and various job board web sites. HR disclaims any liability or responsibility for any practices of these third party job board sites, including but not limited to any misuse of personal information, discriminatory or otherwise unfair hiring or screening practices, and any flaws in their systems.
3.
PRIVACY POLICY
The
HR current privacy policies, which are incorporated herein by this reference, are
available on the ResumeDirector.com web site. By
accepting this ToS, Member expressly consents to disclosures of Member's personal
identification and other personal information to third parties, and to HR's use of
Member's information, as enumerated in HR's then-current privacy policies. Although the
ResumeDirector.com site acts as a passive conduit for Member to send and receive
information of Member's own choosing, Member acknowledges and agrees that certain
technical processing of, and access to resume content and related data may be required to:
(1) route the resumes; (2) conform to connecting networks' technical requirements; (3)
conform to the limitations of the Service; (4) prevent or minimize disruptions to the
Service, or (5) conform to other similar requirements.
HR may use Member's email address to send to Member administrative notices about
Member's account (such as notices about pending activities).
4.
MODIFICATIONS TO TERMS OF SERVICE AND PRIVACY POLICIES
HR
may automatically amend this ToS or its privacy policies at any time by (i) posting a
revised ResumeDirector.com Terms of Service document or privacy policies document on
the ResumeDirector.com World Wide Web site, and/or (ii) sending information regarding
the ToS or privacy policies amendment to the email address Member provides to HR. Member
is responsible for regularly reviewing the ResumeDirector.com World Wide Web site to
obtain timely notice of such amendments. Member's continued use of Member's membership
account after such amended terms or policies have been posted or information regarding
such amendment has been sent to Member shall be deemed acceptance by Member of the amended
ToS or privacy policies. Otherwise, this ToS and the privacy policies may not be amended
except in writing signed by both parties.
5.
MODIFICATIONS TO SERVICE
HR
reserves the right to modify or discontinue the Service with or without notice to Member.
HR shall not be liable to Member or any third party should HR exercise its right to modify
or discontinue the Service.
6.
Our 100% Money-Back Guarantee
We guarantee your resume will be posted on job sites within 72 hours of submitting your order. If you can point out how we did not perform as guaranteed, we'll give you 100% of your money back. This is the only guarantee and the only condition under which a refund of the service fees may be provided. It is at HR's discretion to determine the validity of a customer's claim that the guarantee was not met.
7.
DISCLAIMER OF WARRANTIES
HR
reserves the right to modify or discontinue the Service with or without notice to Member.
HR shall not be liable to Member or any third party should HR exercise its right to modify
or discontinue the Service.
MEMBER
EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. HR EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. HR MAKES NO
WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HR MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF MEMBER'S TRANSMISSIONS
OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE ACCURACY OR RELIABILITY OF
ANY FILTERING TECHNOLOGY USED IN CONNECTION WITH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND
RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HR MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. HR ASSUMES NO RESPONSIBILITY FOR THE
DELETION OR FAILURE TO STORE RESUME AND RELATED DATA. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY MEMBER FROM HR OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
8.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL HR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF HR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HR LIABILITY TO MEMBERS OR ANY THIRD PARTIES IS LIMITED TO THE COST OF THE SERVICE,
CURRENTLY $59.95. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
MEMBER.
9.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's
right to use the Service is personal to Member. Member agrees not to resell the use of the
Service.
10.
FAIR USAGE POLICY
HR
has set no fixed upper limit on the number of resumes a Member may send through the
Service, however, Member shall take no actions which impose an unreasonable or
disproportionately large load on HR resources (as determined by HR in light of the load
imposed by other Members generally). Distribution of unsolicited advertisements, profane
or otherwise offensive material is prohibited, and at HR's option and without further
notice, HR may use technologies and procedures, such as filters, that may terminate such
transmissions without delivering them.
11.
MEMBER CONDUCT
Member
is solely responsible for the contents of his or her transmissions through the Service,
and, as stated above, HR simply acts as a passive conduit for Member to send information
of Member's own choosing. However, HR reserves the right to take any action with respect
to the Services that HR deems necessary or appropriate in HR's sole discretion if HR
believes Member or Member's information may create liability for HR, compromise or disrupt
the Service for Member or other ResumeDirector.com members, or may cause HR to lose (in
whole or in part) the services of HR's ISPs or other suppliers. Member's use of the
Service is subject to all applicable local, state, national and international laws and
regulations (including without limitation those governing account collection, export
control, consumer protection, unfair competition, anti-discrimination or false
advertising). Member agrees: (1) to comply with US law regarding the transmission of
technical data exported from the United States through the Service; (2) not to use the
Service for illegal purposes; (3) not to interfere or disrupt networks connected to the
Service; (4) to comply with all regulations, policies and procedures of networks connected
to the Service; (5) not to use the Service to infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity or
privacy; and (6) not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. Member further agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or regulation. The
Service makes use of the Internet for Member to send and receive information of Member's
own choosing; therefore, Member's conduct is subject to Internet regulations, policies and
procedures. Member will not use or reference the Service for chain letters, junk fax or
junk mail, spamming or any use of distribution lists to any person who has not given
specific permission to be included in such a process, and will not attempt to gain
unauthorized access to other computer systems. Member shall not interfere with another
Member's use and enjoyment of the Service or another entity's use and enjoyment of similar
services.
12.
INDEMNIFICATION
Member
agrees to indemnify and hold HR, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Member's use of the Service, the violation of
this ToS by Member, or the infringement by Member, or other user of the Service using
Member's computer, of any intellectual property or other right of any person or entity.
13.
TERMINATION
HR
may immediately terminate Member's membership and right to use the Service (1) if Member
breaches this ToS, (2) if HR is unable to verify or authenticate any information Member
provides to HR, (3) if such information is inaccurate, or (4) if HR decides, in its sole
discretion, to discontinue offering the Service. HR shall not be liable to Member or any
third party for termination of Service. Member may terminate the Service with or without
cause at any time and effective immediately by written notice to HR. Should Member object
to any terms and conditions of the ToS or any subsequent modifications thereto or become
dissatisfied with the Service in any way, Member's only recourse is to immediately: (1)
discontinue use of the Service; (2) terminate Service membership; and (3) notify HR of
termination. Upon termination of the Service, Member's right to use the Service
immediately ceases. Member shall have no right and HR will have no obligation thereafter
to forward any unsent messages to Member or any third party. Member shall have no right
and HR will have no obligation after termination to refund any Credits for sending resumes
to Member. HR reserves the right to refuse the Service to any Member who has cancelled any
number of previous Service accounts.
14.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member
may enter into correspondence with or participate in promotions of the Advertisers showing
their products on the Service. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or promotions, are
solely between the corresponding Member and the Advertiser. HR assumes no liability,
obligation or responsibility for any part of any such correspondence or promotion.
15.
USE OF EMAIL FORWARDING SERVICE
If member takes
advantage of the email forwarding and spam filtering service, member agrees that HR will assume no
liability in the accuracy of the email forwarding and spam filtering capabilities of the system used
by HR.
16.
PROPRIETARY RIGHTS TO CONTENT
Member
acknowledges that content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in either sponsor advertisements
or email-distributed, commercially produced information presented to Member by the Service
("Content") by HR or HR's Advertisers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws; therefore, Member is only
permitted to use this Content as expressly authorized by the Service or the Advertiser.
Member may not copy, reproduce, distribute, or create derivative works from this Content
without expressly being authorized to do so by the Service or the Advertiser.
17.
GENERAL TERMS
This
ToS is governed in all respects by the laws of the State of New York as such laws are
applied to agreements entered into and to be performed entirely within New York between
New York residents. The UN Convention on Contracts for the International Sale of Goods is
expressly disclaimed. Both parties submit to personal jurisdiction in New York and further
agree that any cause of action relating to this ToS shall be brought in a court in New
York, New York. If any provision of this ToS is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. HR's failure to
act with respect to a breach by Member or others does not waive HR's right to act with
respect to subsequent or similar breaches. Member may not assign or transfer this ToS or
any rights hereunder, and any attempt to the contrary is void. HR shall not be liable for
any delay or failure to perform resulting directly or indirectly from any causes beyond
HR's reasonable control. Member agrees that HR may communicate with Member via email and
any similar technology for purposes relating to Member's membership or the Service and any
other services provided or which may in the future be provided by HR or on HR's behalf.
This ToS sets forth the entire understanding and agreement between the parties with
respect to the subject matter hereof. The Service hereunder is offered by Hire Resumes,
Inc.
