Terms of Service
Welcome to Friday Resume! It is our pleasure to provide the services described below for your professional development in accordance with the User Agreement and all other legal documents incorporated herein by reference (collectively, the “Terms”). Please read these terms carefully.
If you need any support or questions, you can reach out our exceptional customer service team through our Contact Us form at FridayResume.com.
IN CASE OF DISPUTES, THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF CLASS ACTIONS OR JURY TRIALS. US RESIDENTS MAY ONLY RAISE DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION WITH NO CLASS RELIEF. DEPENDING ON THE LAW OF YOUR COUNTRY OR RESIDENCE YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE DESIGNATED AUTHORITIES OR COURTS IN THE PLACE YOU RESIDE. THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. TO LEARN MORE, PLEASE READ SECTIONS 12 AND 13. FURTHER, ANY ARBITRATION MUST BE COMPLETED/PERFORMED/FILED IN THE HOME STATE OF FRIDAY RESUME OWNERSHIP.
Effective Date: August 20, 2020
1. SERVICE DESCRIPTION, ACCEPTANCE OF THESE TERMS, CONTRACTUAL RELATIONSHIP
These Terms establish a legal contract between us, as the services provider and the owners of all intellectual property of Friday Resume ® (“Friday Resume”, “we”, or “us”) and each user (“user”, “you”, or “your”) in connection to the access and use of our website, and internet properties as linked and any software that we provide you as offered by us, our subsidiaries, and our affiliated companies (collectively the “Site”). The Site may also include, unless otherwise specified in these Terms, the use of our online platform, proprietary content, tools, software, materials, and other services offered through the site (collectively, hereinafter, the “Service”). You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you shall not use the Service at any time or in any manner or submit any information to Friday Resume or the Service.
2. CHANGES TO THESE TERMS
2.1 Terms. Friday Resume can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and without providing a notice on the Site. If you do not agree with any of the updated Terms, you must stop using the Service.
2.2 Service. Friday Resume may make changes to the Service at any time, without notice. If you object to any changes to the Service, your only recourse will be to cease using it. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service or any component of it, at any time without notice.
2.3 Subscription Payment. Please note that if you are under paid subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will notify you of such changes as contemplated in Section 2.1. Any changes will become effective as of, and reflected on, your next scheduled payment. If you do not agree with such changes you may cancel your paid subscription by communicating with us in accordance with the Cancellation section below.
3. REGISTRATION & ACCOUNTS
3.1 In General. We provide resume and curriculum vitae building services and tools. For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all Users of the Service, including Visitors and Registered Users.
3.1.1 Visiting our Site. Visitors may browse the Site in accordance with these Terms, but will not have full access to the Service (which may include but are not limited to contributing content, downloading tools, posting comments or signing up for special programs) without first becoming “Paid Users”.
3.1.2 Paid Users & Accounts. In order to access certain features of the Service you may be required to become a Paid User. A “Paid User” is a User who has Paid for the Service (your “Account”).
3.1.3 Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (A) notify Friday Resume immediately of any unauthorized use of your password or any other breach of security at fridayresume1 [at] gmail.com and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Friday Resume has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Friday Resume has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). Friday Resume shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Friday Resume considers insecure, Friday Resume will be entitled to require this to be changed and/or terminate your Account. Friday Resume reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms (see “Shared Accounts” below). By registering another person, group or entity you hereby represent that you are authorized to do so.
3.1.4 Access through Social Networking Sites. If you access the Service through an SNS as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing Friday Resume 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 that you are entitled to disclose your Third-Party Account login information to Friday Resume and/or grant Friday Resume access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Friday Resume to pay any fees or making Friday Resume subject to any usage limitations imposed by such third-party service providers. By granting Friday Resume access to any Third-Party Accounts, you understand that Friday Resume may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Friday Resume internet properties that you have provided to and stored in your Account so that it is available on and through the Friday Resume internet properties via your Account.
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3.2 Deletion or Deactivation of User Content and/or Your Account. You may request that we delete resumes and cover letters by contacting us via the contact form at Fridayresume.com. Your User Content can only be deleted from public view by deactivating or deleting your Account by going to your Account and clicking the My Settings and “Overview” tab. When you request that your public User Content be deleted, your resume, and your User Content, including your information, that was previously accessed, stored, and/or copied by others, may be unable to be deleted from their systems. When you deactivate your Account or ask that we delete your User Content we may retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties within the Service but which might be used for recordkeeping and internal legitimate business purposes. You also agree and understand that some of the content that we may create for you may not be able to be deleted once uploaded to the extent permitted by applicable law.
3.2.2 Disclaimer. Friday Resume does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Friday Resume expressly disclaims any and all liability in connection with User Content. Friday Resume does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Friday Resume will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights (please refer to our Copyright and Intellectual Property Infringement Notification Section). Friday Resume reserves the right to remove User Content without prior notice.
4. COLLECTION AND USE OF YOUR INFORMATION
5. INTELLECTUAL PROPERTY, TRADEMARKS, COPYRIGHT, OWNERSHIP, & LICENSE
5.1 Your Content. As a Paid User you may upload, post, share, reframe, transmit or otherwise make available (“Make Available”) your User Content through the Service. “User Content” means, without limitation, your Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials, testimonials, submissions, and/or any other information you provide on or through the Service or that we may create for you. When you create an Account, purchase the Service, or provide career information on or through the Service (including via forms available on the Site or by uploading a resume) you agree that you are solely responsible for the accuracy of your User Content. You agree that Friday Resume may offer information that is of most interest to you.
You may choose to make some of your User Content public on the Service. For some of our features, other members may be able to request email notifications of your new public User Content or publish their own comments to your comments. We may use the public User Content to improve our service, make connections with potential employers, personalize site views, market services or identify or feature popular members.
For clarity, you retain ownership of your User Content at all times. However, by posting, uploading and/or Making Available any User Content within the Service, and/or by providing any communication or material to Friday Resume, you automatically:
5.1.1 License to Friday Resume. Grant Friday Resume a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Friday Resume’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that Content to any requirements or limitations within the Service, or of any networks, devices, services or media. You also hereby grant each user of the Service a non-exclusive license to access your public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. To the extent permitted by applicable law, (i) the above licenses granted by you in User Content you submit to the Service will survive even if you remove or delete your User Content from the Service and, (ii) the above licenses granted by you in forum comments, testimonials or submissions you submit are perpetual and irrevocable. Except with respect to your User Content, you agree that you have no right or title in or to any other content or Materials (see Section 5.2 below) that appears on or in the Service, including, but not limited to any information associated with another Account or user profile or stored on or in the Service.
5.1.2 Moral Rights Waver. To the extent permitted by applicable law, waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
5.1.3 Agency. Appoint Friday Resume as your agent with full power to enter into any document and/or do any act Friday Resume may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
5.1.4. User Content Ownership. Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;
5.1.5 No Encumbrance. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Friday Resume shall not be liable for any use or disclosure of such User Content.
5.1.6 User Content Rules. Agree and understand that your User Content is subject at all times to our Acceptable Use Policy.
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5.3 Your Use of Materials. Your right to make use of the Service and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Service for any purpose not permitted by these Terms may be a violation of our intellectual property rights as protected by law and these Terms and is prohibited.
You may copy, access, download and display Materials and all other content displayed on the Service for non-commercial, personal or entertainment use on a single computer only. The Materials and all other content on the Service may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Friday Resume. Any authorization to copy or download Material granted by Friday Resume in any part of the Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited (please refer to our Acceptable Use Policy).
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7. FRIDAY RESUME “DOS AND DON’TS”
7.1 Acceptable Use Policy. This section provides the acceptable use policy (“AUP”) which defines acceptable practices relating to the use of the Service, including limitations on User Content, system abuse and security. The Service must be used in a manner that is consistent with the intended purpose of the Service and the terms of the applicable agreement with Friday Resume, including our Terms. By using the Service, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must discontinue use of the Service. For purposes of this section, “Friday Resume” includes all of Friday Resume’s affiliates, including direct and indirect subsidiaries.
7.2 Summary of Generally Prohibited Conduct. You will not use the Service to transmit, distribute or store material in a manner that: (i) violates any applicable law or regulation; (ii) may adversely affect the Service or other Users; (iii) may expose Friday Resume to criminal or civil liability, or (iv) violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this section or another provider’s policy.
7.3 Responsible Use of the Service. Please act responsibly when using the Service. You may only use the Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Service. You may not collect or store personal information from other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Service are the sole responsibility of the sender, not Friday Resume, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Service.
7.4 Content Limitations. We require that you do not post resumes, cover letters, send e-mails or submit to or publish through forums available on the Service, or otherwise make available on the Service any content, or act in a way, which in our opinion:
- Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- Advocates or promotes illegal activity;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Solicits funds, advertisers or sponsors;
- Includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;
- Copies any other pages or images on the Service except with appropriate authority;
- Includes illegally sourced MP3 format files;
- Amounts to a “pyramid” or similar scheme;
- Amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites);
- Disobeys any policy or regulations established from time to time regarding use of the Service or any networks connected to the Service; or
- Contains links to other sites that contain the kind of content that falls within the descriptions described above.
- In addition, you are prohibited from removing any sponsorship banners or other material inserted by Friday Resume anywhere on the Service (e.g., on any web space made available for your use).
- Please be aware that we cooperate with law enforcement and report suspicious activity.
7.5 System Abuse. Without limitation, you agree not to:
- Send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person;
- Copy, display, distribute, duplicate, aggregate, redistribute, alter or modify, any of the content available within the Service, or User Content in any medium, or to any other individual or entity, other than as may be reasonably necessary to use the Service for their intended purpose;
- Use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Service and/or the Service itself;
- Use or copy the Service including any data you view on and/or obtain from the Service to provide any product or service that is competitive to the Service determined in Friday Resume’s sole discretion;
- Interfere with, interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment;
- Use the Service in any manner that could damage, disable, overburden, or impair any Friday Resume’s server, or networks connected to any Friday Resume’s server, or interfere with any other party’s use and enjoyment of the Service;
- Gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Friday Resume’s server or to the Service, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
- Reverse engineer, decompile or disassemble any software accessed through the Service, including any proprietary communications protocol used by Friday Resume;
- Use information obtained from the Service to transmit any commercial, advertising or promotional materials without Friday Resume’s written permission and except as expressly authorized by Friday Resume, advertise or offer to sell or buy any goods or services for any purpose;
- Provide any contact information which is not current and accurate, impersonate or create a false identity or falsify any information;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service, or other user or usage information or any portion thereof;
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; or
- Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.
7.6 Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with the Service to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Friday Resume reserves the right to release your details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.
7.7 Responsibility for Content. Friday Resume takes no responsibility for any material created or accessible on or through the Service and will not exercise any editorial control over such material. Friday Resume is not obligated to monitor such material, but reserves the right to do so.
You acknowledge that Friday Resume has no obligation to pre-screen User Content, although Friday Resume reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation videos, comments, any chat, text, or voice communications that may be facilitated through the Service. In the event that Friday Resume pre-screens, refuses or removes any User Content, you acknowledge that Friday Resume will do so for Friday Resume’s benefit, not yours. Friday Resume may provide you with tools to flag User Content, however, Friday Resume makes no promises or representations regarding removal of flagged User Content.
Violations of this AUP may be reported to: fridayresume1 [at] gmail.com.
8. OTHER SERVICES
8.1 Resume Posting. We provide resume and curriculum vitae building services and tools. In addition, our “Resume Posting Services” may facilitate the posting of your resume or a career profile on various third-party career sites. If you sign up for our Resume Posting Services, you agree that we will use proprietary web-based information gathering tools to create a career profile for you. You further agree that the wording and interpretation of your information for purposes of Resume Posting Services will be in our sole discretion and we will not be liable for any decisions to include, not include or phrase information about you as part of the Resume Posting Services. You understand, and consent to, that prior to posting of your career profile or resume on a third-party career site, Friday Resume will be accepting terms and conditions of use and privacy policies, and other policies that it might be prompted to accept, on these third-party career sites. You may check the third-party sites where we may post your information to see their terms and conditions of use and privacy policies. By using our Resume Posting Services you’re accepting full and total responsibility for the actions Friday Resume performs on your behalf and at your request as if you had performed those actions yourself. You further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from your use of the Resume Posting Services.
8.2 Job Alerts. Depending on your location or jurisdiction, Friday Resume may provide job alerts or may use third parties and automated search engines to provide job alerts, matching employment opportunities found on third-party job searching sites with your resume or career profile, job search requests submitted by you, and/or other usage data relating to your use of the Service. Friday Resume tries to match the information available to ensure employment opportunities presented to you in job alerts and match the type of career opportunities desired by you but Friday Resume makes no guarantee that you will receive career opportunities or the job alert leads you desire.
8.3 Resume Review. Friday Resume may offer resume review services as part of its subscription service. Only full-access, paid, active subscribers are eligible to receive the resume review service, if available. This service may be provided through the combination of automated computer software systems using certain predetermined fields and non-automated resume reviewer input. Resumes of full-access, paid, active subscribers must meet a minimum document completion threshold in order to receive a resume review. Only one resume review is included with a full-access, paid subscription.
8.4 Job Posting & Resume Submission. Friday Resume may also offer job posting and resume submission features as part of the Service in certain locations or jurisdictions. These features may be used only by individuals seeking employment and/or career information. In the same vein, certain Friday Resume services may only be used by employers seeking employees.
9. THIRD-PARTY LINKS
The Service may link you to other sites on the Internet that may not be affiliated with Friday Resume. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. These other sites are not under the control of Friday Resume, and you acknowledge that (whether or not such sites are affiliated in any way with Friday Resume), Friday Resume is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Friday Resume or any association with its operators. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site and (b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party provider(s). Friday Resume does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
10. SUBSCRIPTION, PAYMENTS, CANCELLATION
10.1 In General. If you purchase any services that Friday Resume offers for a fee, either on a one-time or on a subscription basis, you agree that Friday Resume’s third-party vendors (Paywhirl and/or Stripe) may store your payment information. You also agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your merchant of record is either
10.2 Recurring Billing. You may be able to sign up for automatic billing or recurring billing for some services offered on the Site. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site. By signing up for Friday Resume services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site.
10.3 Premium Services Fees. Friday Resume offers certain premium services such as resume review, resume writing, premium career report and cover letter writing, which are not included in the cost of Friday Resume’s basic subscription services. Failure to pay for these premium services, if purchased, may result in the termination of your subscription.
10.4 Payment Methods & Transaction Fees. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may also be subject to foreign currency exchange fees assessed by your bank or card issuer. Friday Resume is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Friday Resume does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your Account or the applicable service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period until you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Friday Resume has the discretion to alter prices for services at any time, subject to the notification terms of Section 2.1.
10.5 Cancellations. You may cancel your subscription anytime by contacting our customer service department or by going to the online portal. Friday Resume will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. Friday Resume may issue a refund if notice of cancellation of your subscription is provided before the end of the trial period, if a trial period is offered. Friday Resume does not guarantee refunds after trials are expired. For help, contact fridayresume1 [at] gmail.com
10.6. Payment terms. You acknowledge that any services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service.
10.6 Disclaimer. We do our best to describe every product or service offered on the Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Friday Resume shall have the right to refuse or cancel any orders in its sole discretion. Additional terms may apply.
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12. DISCLAIMER, LIMIT OF LIABILITY, INDEMNITY & INVESTIGATIONS
12. 1 NO WARRANTY. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
12.2 LIMITATION OF LIABILITY. THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12.3 Indemnity. To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Friday Resume and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto Friday Resume’s servers, and/or from any and all use of your Account.
12.4 Investigations. Friday Resume reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Friday Resume may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Friday Resume may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Friday Resume believes, in its sole discretion, that a violation of these Terms has occurred, it may take any corrective action it deems appropriate, as permitted by applicable law. Friday Resume will fully cooperate with any law enforcement authorities or court order requesting or directing Friday Resume to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PROVIDER GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PROVIDER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PROVIDER GROUP OR LAW ENFORCEMENT AUTHORITIES.
13. ARBITRATION OF CLAIMS
Please read this carefully if you are a resident of the United States of America. It affects your rights. Depending on your place of residence, these Terms may not apply to you.
13.1 US Residents. To the fullest extent permissible by law, with the exception of disputes pertaining to Friday Resume’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Friday Resume arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 24 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 24 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Friday Resume. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Friday Resume shall pay the costs and fees of JAMS and the arbitrator. Friday Resume agrees that it will not seek reimbursement from You for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
13.2 Non-Us Residents. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of this Section 24(b) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at fridayresume1 [at] gmail.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Friday Resume and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Friday Resume to resolve the Section 24(b) dispute on terms either you or Friday Resume, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
14. GENERAL TERMS
14.1 In General. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Friday Resume relating to the matters contained here and the Site.
14.2 Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact Customer Service at fridayresume1 [at] gmail.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: firstname.lastname@example.org.
14.3 Choice of Law. To the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws applicable to the merchant outlet location that manages your transaction or account. Therefore, if your transaction was processed by our European merchant outlet location, then the laws of Luxembourg shall apply. Otherwise, the laws of the State of New York, United States of America, shall apply. Notwithstanding the foregoing, if you are a U.S. resident, except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York for such purpose. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
14.4 For More Information; Complaints or Support. The Site is controlled and operated by Friday Resume. Whether you access the services through any of our internet properties or family Sites you may contact Friday Resume using the information provided herein. Please forward any comments or complaints about the Site to fridayresume1 [at] gmail.com or write to either of our merchant outlet locations’ addresses stated in Section 10.1.
14.5 Electronic Communications. The communications between you and Friday Resume may be made through electronic means, whether you visit the Site or send Friday Resume emails, or whether Friday Resume posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Friday Resume in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Friday Resume provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14.6 Local Regulations. Friday Resume makes no representation that Materials or other content on the Service are appropriate or available for use outside of the United States of America (“United States”), and if accessing the Service from outside the United States, then Friday Resume makes no representation that Materials or other content on the Site are appropriate or available for use from your current location. Friday Resume may have certain localized websites available to you outside of the United States, but makes no representation as to availability and appropriateness of the Service in such jurisdictions. If you choose to access the Service from other locations outside the United States, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.