These Terms and Conditions of Use (the "Agreement") describe the terms and conditions applicable to the provision by OptimalResume.com, Inc. ("OptimalResume") of the services (the "Services") on optimalresume.com website (the "Site") to you ("You").
Your Use of Services.
- The Services shall be used by You only for the purpose of recruiting employment candidates ("Candidates") for Your business. Your use of the Services shall be in accordance with all applicable State and Federal laws, rules and regulations.
- You will not: (i) send any message which is harmful, threatening, abusive or harassing; (ii) send any message intended to interfere with e-mail or other communications intended for other persons; (iii) publish, post, distribute or disseminate defamatory, inflammatory, or obscene material or information, or any information, data or materials, in violation of any applicable law, rule or regulation; (iv) threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of Candidates; (v) interfere with, compromise or adversely effect the ability of any other users of the Services or (vi) send unsolicited e-mail that promote Your products and services or for any purpose other than to recruit Candidates. All use of the Services will be subject to any other rules and/or guidelines published by OptimalResume.
- Any communication by You in response to a communication from a user of the Services (i.e., Candidates and university personnel) must be for a purpose reasonably related to the original message sent by such user. Any such communication will clearly identify You as the originator of such Communication.
- Any information received by You regarding a Candidate in connection with the Services shall be confidential information of OptimalResume ("Candidate Confidential Information"). Such Candidate Confidential Information shall include, without limitation any information that can be used to identify the Candidate, photographs, resumes, video resumes, video interviews and correspondence. You shall use commercially reasonable efforts to maintain the confidentiality of the Candidate Confidential Information. Candidate Confidential Information shall be used for the sole purpose of recruiting the respective Candidate, and shall be stored and used in compliance with all applicable laws, rules and regulations. Candidate Confidential Information shall be provided only to Your employees who need to know such information in order to recruit the Candidate, and who are bound by confidentially obligations no less restrictive than those contained in this Agreement. You shall not (i) use Candidate Confidential Information to sell or promote any products or services to Candidates or (ii) provide Candidate Confidential Information to any third party without the prior written authorization of the respective candidate and in accordance with applicable laws, rules and regulations.
- Your Password.You are responsible for keeping your password secret and confidential. You agree that you are responsible for any communications, transactions or use of the Services, which are made using your password, together with any fees, charges or other obligation which may result from such use. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused or compromised. You may not assign your password or any of your rights under this Agreement without the prior written consent of OptimalResume, and any attempted assignment without such consent will be void.
- OptimalResume Intellectual Property.You acknowledge and agree that all right, title and interest in and to the Site and the information, data, software, photographs, graphics, videos and other material set forth in the Site or provided by OptimalResume in connection with the Services (collectively the "OptimalResume IP") including, without limitation, any intellectual property rights thereto, belong to OptimalResume and its vendors, and you will not assert any claims to the contrary. You may not: (i) copy, edit, alter, modify or prepare any derivative works of the OptimalResume IP or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included as a part of the Services; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the OptimalResume IP in any form. OptimalResume and all other trademarks, service marks, trade names and logos of OptimalResume used in connection with the Services are the property of OptimalResume and no license is granted to You to use such property. All other trademarks, trade names, service marks, logos, product names, and OptimalResume names appearing in connection with the Services are the property of their respective owners.
- As part of the Services, you may create or provide to OptimalResume information, data and other materials in electronic format (collectively "Your Materials"). You represent that you have obtained all necessary third party rights, including, without limitation, copyrights, for any Your Materials that belong to third parties. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content which is part of the Your Materials. You agree not to use the Services for, and the Your Material will not contain, any infringing, illegal, sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material, including, without limitation, any materials that could give rise to any liability to OptimalResume or which might adversely affect OptimalResume’s public image, reputation or goodwill.
- By submitting materials (“Your Materials”), including but not limited to graphics, logos, trademarks, service marks, photographs, etc. to OptimalResume, You grant OptimalResume a nonexclusive license to use these Materials, including, without limitation, publicly performing, publicly displaying and distributing them, copying and creating derivative works as reasonably necessary for such performance. You will provide these Materials to OptimalResume via the delivery method requested by OptimalResume, and in accordance with OptimalResume’s then-current program policies and guidelines.
- YOU WILL BE RESPONSIBLE FOR MAKING BACK-UP AND ARCHIVAL COPIES OF YOUR MATERIALS. IN NO EVENT WILL OPTIMALRESUME BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, CORRUPTION OR ALTERATION OF YOUR MATERIALS, OR FOR ANY LOSS ARISING OUT OF ANY BREACH OF ANY SECURITY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND.
- You acknowledge and agree that OptimalResume and each educational institution that participates in the Services ("Schools") will have the right to (i) decline Your participation in the Services for any reason in its discretion or (ii) terminate or restrict your participation at any time after the start of Your use of the services for any reason in its discretion.
- Each School that participates in ResumeGPS (“ResumeGPS”) will have the ability to block certain employers from accessing resumes submitted by Candidates enrolled at such School. Further, the individual Candidates will have the ability to mark his or her resume as private and block certain employers from accessing his or her contact information through ResumeGPS. Thus, both the Schools and the Candidates may deny You access to certain Candidates resumes that may be available to other employers via ResumeGPS or other search engines offered from time to time by OptimalResume. In the event that You subscribe to ResumeGPS or a similar service offered by OptimalResume, You acknowledge and agree that Your access to certain Candidates resumes may be limited or denied completely by a School or Candidate.
- Term and Termination.OptimalResume reserves the right to change, suspend or discontinue all or any aspect of its Services at any time, including the availability of any feature, without prior notice or liability to You. OptimalResume reserves the right to terminate or suspend Your access to all or part of the Services, without notice and in its sole discretion, if OptimalResume believes that Your use of the Services does not comply with the terms of this Agreement. All provisions of these Terms and Conditions shall survive termination except those granting access to or use of the Site and Services, and You shall cease all Your use and access thereof immediately.
- Disclaimer of Warranty. AS BETWEEN YOU AND OPTIMALRESUME, THE USE OF THE SERVICES AND THE SOFTWARE IS PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND OPTIMALRESUME HEREBY DISCLAIMS THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OPTIMALRESUME NEITHER WARRANTS THAT THE SERVICES WILL BE PROVIDED IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER, NOR DOES OPTIMALRESUME MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR OTHER CONTENT PROVIDED THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OPTIMALRESUME, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. ANY USE OF THE SERVICES IS AT YOUR OWN RISK.
- Refunds.All refunds are given at the discretion of OptimalResume. You agree and acknowledge further that OptimalResume shall have no obligation to refund any of the fees paid by You for ResumeGPS or such other services, including resume book fees and fees for candidate screening access.
- Amendment. OptimalResume reserves the right to amend this Agreement and its rules and guidelines at any time by providing You Notice of such amendment when attempt to log in to use these services on the Site. If You do not agree to the terms of such amendment, rules or guidelines, you may terminate this Agreement and Your use of the Services by indicating that you do not accept such amendment and ceasing to use the Services immediately.
- Choice of Law.This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement will be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator will apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator will have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees.
- Miscellaneous. This Agreement and the rights granted hereunder may not be assigned or transferred by you, in whole or in part. Without limiting the foregoing, you may not provide any other person access to the Services. If any provision of this Agreement is held invalid, such invalidity will not affect any other provisions of this Agreement. Headings are inserted for reference only and will not be construed as a part of this Agreement. No failure or delay on the part of OptimalResume to exercise any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise thereof or of any other right. This Agreement represents the entire understanding and agreement between you and OptimalResume concerning your Use of the Services and Product, and supersedes any prior representations, understandings or agreements.