USER LICENSE & TERMS OF WEBSITE SERVICE AGREEMENT
BEFORE YOU AGREE TO USE THE SERVICES, YOU SHOULD CAREFULLY READ THE TERMS STATED BELOW. UPON ACCEPTANCE, THESE TERMS WILL CONSTITUTE A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND DM GOLDBERG SA DE CV ENTERPRISES CORPORATION, d/b/a WEBMYRESUME.COM.
EACH TIME YOU USE THE SERVICES OR ACCESS THE WEBSITE OF WEBMYRESUME.COM (OR ANY SITE ASSOCIATED THEREWITH), YOU WILL BE DEEMED TO HAVE READ AND ACCEPTED THE TERMS.
IF YOU DO NOT ACCEPT THE TERMS STATED HEREIN, DO NOT USE THIS WEBSITE.
1.01 The term “Agreement” refers to this User License & Website Services Agreement.
1.02 The WebMyResume sites refer to all web sites under the full or partial control of WebMyResumeand include the WebMyResume Services.
1.03 The WebMyResume Services mean those applications, services, and searches offered by WebMyResume, including an online service to search employment opportunities.
1.04 Users refer to those persons who subscribe to one of the offered plans for access to and use of the WebMyResume Services.
1.05 Profiles refers to personal, educational and employment backgrounds and related information of an individual who is a User that is input into the WebMyResume sites to use the WebMyResume Services.
- GRANT OF RIGHTS
WebMyResume grants You a non-exclusive, non-transferable, limited right to access, use and display the Services provided by WebMyResume, including, without limitation, e-mail, newsgroups, bulletin board services and any other services that WebMyResume may offer on any machine(s) of which You are the primary User. A WebMyResume account may not be transferred to another individual or legal entity, e.g., corporation, limited liability company, general partnership, limited partnership, limited liability partnership, without prior written approval from WebMyResume; and, any transfer of a Service Account will be subject to those limits established by WebMyResume.
- USE OF WEBMYRESUME CONTENT
WebMyResume authorizes You to access and use the WebMyResume site and WebMyResume Content (as defined below) and to download and print a single copy of the content available on or from the WebMyResume Site solely for Your personal, non-commercial use. The contents of the WebMyResume sites, including but not limited to designs, text, graphics, images, video, information, logos, icons, software, audio files, algorithms, and other content, are protected under copyright, trademark and other applicable laws. All WebMyResume content is the property of WebMyResume and/or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content of WebMyResume is the exclusive property of WebMyResume and is protected by copyright, trademark, and other laws. Unauthorized use of the WebMyResume Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark, and other proprietary notices contained in the original WebMyResume Content on any authorized copy that You make of the WebMyResume Content. Any code which WebMyResume creates to generate, display or perform any WebMyResume Content or Services or the pages making up any WebMyResume site is also protected by the afore-mentioned copyright, and You may not copy or adapt such code. You agree not to sell or modify the WebMyResume Content or reproduce, display, publicly perform, distribute, or otherwise use the WebMyResume Content in any way for any public or commercial purpose, in connection with products or services that are not those of the WebMyResume site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits WebMyResume or its licensors, that dilutes the strength of or otherwise infringes upon the intellectual property of either WebMyResumeor its licensor(s).
You further agree to refrain from any misuse of WebMyResume Content. The use of the WebMyResume content on any other application, website or in a networked computer environment for any purpose is expressly prohibited.
- USE OF THE WEBMYRESUME SERVICES
The services provided by WebMyResume and other features of the WebMyResume Sites may only be used by individuals seeking employment and/or career information. The term “post” as used herein will mean information that You submit, publish, or display on a WebMyResume Site.
You expressly agree not to:
- Take any action that imposes an unreasonable or disproportionately large load on any WebMyResume site’s infrastructure;
- Use any device to navigate or search any WebMyResume Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by WebMyResume;
- Violate or attempt to violate the security of any WebMyResume Site including attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- Reverse engineer or decompile any parts of any WebMyResume Site;
- Aggregate, copy, or duplicate in any manner any of the WebMyResume Content or information available from any WebMyResume Site other than as permitted by these Terms;
- Frame or link to any WebMyResume Content or information available from any WebMyResume Site, unless permitted by these Terms;
- Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses, or pirating media;
- Post any resume or apply for any job on behalf of another party;
- Refer any potential employer contact to any agent, agency or other third party;
- Share with a third party any login credentials to any WebMyResume Site;
- Access data not intended for You or logging into a server or account to which You are not authorized to access;
- Post or submit to any WebMyResume Site any incomplete, false or inaccurate biographical information about Yourself or information that is not Your own;
- Post content containing restricted or password-only access pages, or hidden pages or images;
- Solicit passwords or personally identifiable information from other Users;
- Delete or alter any material posted by any other person or entity;
- Harass, incite harassment, or advocate harassment of any group, company, or individual;
- Send unsolicited mail or email, make unsolicited phone calls, or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- Attempt to interfere with service to any User, host or network, including, without limitation, by means of submitting a virus to any WebMyResume Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing;
- Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protection software, or providing or making available pirated music or other media or links to pirated music or other media files; or
- Use of the WebMyResume Services for any unlawful purpose or illegal activity;
- Used of the WebMyResume Services to post or submit any content that is defamatory, libelous, offensive, vulgar, obscene, pornographic, sexually explicit threatening, abusive, hateful, racist, discriminatory, or of a menacing or harassing character or likely to cause annoyance, embarrassment, or anxiety to a third person, as determined by WebMyResume in its sole and absolute discretion.
Violations of system or network security may result in civil and/or criminal liability. WebMyResume shall investigate all occurrences appearing to involve such violations and may refer such matters to law enforcement authorities for criminal investigation and prosecution and cooperate with such authorities in the prosecution of those Users involved in the violations.
For each knowing and intentional violation committed by You, You agree to pay WebMyResume liquidated damages in the amount of $7,500.00 as compensation for lost goodwill. In the case of a violation caused by mistake or accident on the part of a User, WebMyResume may (but is not obligated to) waive all or part of the afore-mentioned liquidated damage amount. Your payment of liquidated damages will not prevent WebMyResume from pursuing other legal remedies, specifically injunctive relief.
- TERMS APPLICABLE TO USER INFORMATION
By using WebMyResume, You guarantee that You are at least eighteen (18) years of age, or the age of majority as defined in the jurisdiction in which You reside.
If You are a citizen of a nation other than the United States and are seeking employment within the United States, You hereby acknowledge and represent that You are eligible for employment within the United States and, upon request, can verify Your work authorization.
When You register with WebMyResume, You will be asked to create an account and provide WebMyResume with certain information including, without limitation, a valid email address (Your “Information”).
For purposes of identification, billing, and marketing, You agree to provide WebMyResume with accurate, complete, and updated information required by registration to the Service (Registration Data), including Your legal name, address, telephone number(s) and applicable payment data (e.g., credit card number and expiration date). You agree to notify WebMyResume within thirty (30) calendar days of any changes in Your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of Your right to use the Service.
You acknowledge and agree that You are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by You on the WebMyResume Site.
Any profile You submit must describe You, an individual person. Examples of inappropriate and prohibited profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You are responsible for maintaining the confidentiality of Your account, Profile, and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your WebMyResume Site registrations and passwords, whether authorized by You or not. You agree to immediately notify WebMyResume of any unauthorized use of Your account, Profile, or passwords.
You acknowledge and agree that You have no ownership rights in Your account and if You cancel Your WebMyResume account or Your WebMyResume account is terminated, all account information, including but not limited to, resumes, profiles, cover letters, saved jobs and questionnaires, will be deleted from the WebMyResume database and will be removed from the WebMyResume Site. (Note: Information may continue to be available for some time, because of delays in propagating such deletion through Monster’s web servers. In addition, third parties may retain saved copies of Your Information.)
WebMyResume reserves the right to delete Your account and all Your information after a significant period of inactivity, i.e., sixty (60) consecutive calendar days.
- TERMS APPLICABLE TO USER CONTENT
By using WebMyResume, You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted, or displayed by You on or through a WebMyResume Site (“User Content”) is the sole responsibility of the person from which such User Content originated. WebMyResume claims no ownership or control over any User Content. You, or a third-party licensor as appropriate, retain all patent, trademark, and copyright to any User Content You submit, post or display on or through WebMyResume and You are responsible for protecting those rights, as appropriate.
By submitting, posting, or displaying User Content on or through WebMyResume, You grant WebMyResume a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through WebMyResume. In addition, by submitting, posting or displaying User Content that is intended to be generally available to the public, You grant WebMyResume a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content to promote WebMyResume and its services. WebMyResume will discontinue this licensed use within a commercially reasonable period after such User Content is removed from WebMyResume. WebMyResume reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant the license stated in the preceding paragraph.
If You post User Content in any public area of any WebMyResume site, You also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any WebMyResume Site shall retain all rights that may exist in such User Content.
WebMyResume may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules, or regulations, is abusive, disruptive, offensive, or illegal, or violates the rights of, or harms or threatens the safety of Users of any WebMyResume Site. WebMyResume reserves the right to expel Users and prevent their further access to the WebMyResume Sites and/or use of WebMyResume Services for violating the Terms or applicable laws, rules, or regulations. WebMyResume, in its sole and absolute discretion, may take any action it deems necessary or appropriate with respect to User Content believed to be of such a nature or character as would subject WebMyResume to civil liability or result in injury to the brand, reputation, public image, good will and/or third party dealings and contractual relationships of WebMyResume.
WebMyResume does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users, nor does WebMyResume endorse any opinion expressed by Users. In using the WebMyResume Services, You acknowledge that any reliance on material posted by other Users will be solely at Your Own Risk.
We appreciate hearing from our Users and welcome Your comments regarding our services and the WebMyResume Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our Services. DO NOT submit creative ideas, suggestions, inventions, or materials. If, despite our request, You send us any creative ideas, suggestions, inventions, or materials (collectively the “proposal”), the Proposal will be the property of WebMyResume and can be used by WebMyResume for any lawful commercial purpose without any compensation being due to You.
- TERMINATION POLICY REGARDING USERS WHO INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WebMyResume respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition of Your use of the WebMyResume Sites, You agree not to use any WebMyResume Site to infringe the intellectual property rights of others in any way. WebMyResume reserves the right to terminate the accounts of any Users and block access to the WebMyResume Sites of any Users who are repeat infringers of the copyrights or other intellectual property rights of others. WebMyResume reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, regardless of whether there is any repeat infringement. This right is exercisable with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event You believe in good faith that a notice of copyright infringement has been wrongly field against You, please contact our Legal Department as set out in these Terms.
- IDENTIFICATION OF AGENT TO RECEIVE SERVICE OF PROCESS AND NOTIFICATION AND ELEMENTS OF NOTIFICATIONS OF CLAIMED COPYRIGHT OR TRADEMARK INFRINGEMENT
If You believe that Your copyrighted work or trademark has been uploaded, posted, or copied to any WebMyResume Site and is accessible on such WebMyResume Site in a way that constitutes copyright or trademark infringement, please contact WebMyResume by email at firstname.lastname@example.org or by regular mail at WebMyResume.com, 750 East US Highway #80, Suite 200, Forney, Texas 75126
- CHARGES AND PAYMENT
You are responsible for all charges associated with connecting to WebMyResume, including, without limitation, all telephone access lines or telephone and computer equipment necessary to access the Internet. You are responsible for all activities and charges resulting from the use of WebMyResume. You agree to pay all monthly membership fees, connect time charges, surcharges, applicable taxes, and other charges You incur regarding WebMyResume.In the event of a breach of security, You will remain liable for any unauthorized use of Your account with WebMyResume until You notify WebMyResume by contacting WebMyResume customer service at email@example.com.
Subject to the provision of thirty (30) calendar days’ prior notice, WebMyResume reserves the right to increase or reduce, at any time, monthly membership fees, modify membership packages and the fees associated therewith, and institute new fees for additional or expanded services. If Your account is terminated or suspended, fees received will be deemed non-refundable and non-transferrable. If WebMyResume does not receive the full amount of Your Account balance on the due date, Your account will be suspended until the balance is resolved by You. You shall also be liable for all reasonable attorney’s fees and related expenses associated with the efforts of WebMyResume to collect any unpaid balance of Your account(s).
- WEBMYRESUME’S LIABILITY
The WebMyResume Site is a venue at which You can post Your resume and perform employment searches. WebMyResume conducts a limited review of the materials it receives from You, such review focused upon compliance issues.
WebMyResume will neither participate nor be involved in the actual transaction between You and any prospective employer. Therefore, WebMyResume is not responsible for any of the following: (1) User Content; (2) quality, accuracy or completeness of resumes posted or the legality thereof; (3) truth or accuracy of search results; or (4) ability of You or other job candidates to fill posted employment positions.
WebMyResume makes no express or implied promises, representations, warranties or assurances about any jobs, resumes, or User Content on the WebMyResume Site. WebMyResume also is not liable to You or any other candidate for inability to obtain employment based upon ineligibility to work in the United States.
WebMyResume hereby reserves the right, in the exercise of its sole and absolute discretion, to periodically remove User Content, resumes or other material from the WebMyResume Sites. Nevertheless, WebMyResume does not assume any obligation to remove User Content or any other material from its website; and, to the extent permitted by applicable law, WebMyResume disclaims all liability for the failure to take such action.
Changes are periodically made to WebMyResume Sites and may be made at any time.
WebMyResume cannot guarantee and does not promise any specific results from use of any WebMyResume Site. No advice or information, whether oral or written, obtained by a User from WebMyResume or through or from any Monster Site will create any warranty other than those expressly stated herein.
THE WEBMYRESUME SITE AND THE WEBMYRESUME CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WEBMYRESUME MAKES NO EXPRESS OR IMPLIED PROMISES, REPRESENTATIONS, WARRANTIES OR ASSURANCES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR TIMELINESS OF ANY WEBMYRESUME SITE OR WEBMYRESUME CONTENT. IN USING THE WEBMYRESUME SITES AND THE WEBMYRESUME CONTENT, YOU ASSUME ALL RISK AND THE CONSEQUENCES FLOWING FROM SUCH USE.
WebMyResume encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall WebMyResume be liable for the deletion, loss, or unauthorized modification of any User Content.
WebMyResume neither provides nor makes any representation about the quality or nature of any of the third-party products or services purchased through any WebMyResume Site. Any such representation, warranty or guaranty would be furnished only by the provider of such third-party products or services, subject to those terms and conditions agreed by such provider.
If You believe something on the WebMyResume Site violates these Terms, please contact our designated agent at the address set forth in Section 8.
- DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEBMYRESUME MAKES NO PROMISES, WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE FITNESS, MERCHANTABILITY, QUALITY, OR OPERATION OF EITHER THE WEBMYRESUME SITE OR ANY WEBMYRESUME SERVICE.
WEBMYRESUME WILL NOT OFFER ANY ASSURANCES OR GUARANTEES THAT (i) THE SITE WILL OPERATE IN A COMPLETELY ERROR-FREE MANNER OR (ii)ANY WEBMYRESUME SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.YOU ASSUME ALL RISK OF COMPUTER VIRUS INFECTION THAT MAY RESULT FROM YOUR USE OF THE WEBMYRESUME SITE, INCLUDING THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS.
WEBMYRESUME MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF WEBMYRESUME CONTENT, SERVICES, SOFTWARE, TEXT, LINKS AND/OR GRAPHICS.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WEBMYRESUME BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SERVICES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING SENTENCE OF THIS PROVISION MAY NOT APPLY TO YOU. NEVERTHELESS, YOU AGREE THAT THE TOTAL LIABILITY OF WEBMYRESUME TO YOU FOR ANY DAMAGES OR LOSSES ASSOCIATED WITH YOUR USE OF THE SERVICE OR ANY INTERRUPTION IN SUCH SERVICE WILL NOT EXCEED $100.00 USD.
By using these services, You agree to indemnify, defend, and hold harmless WebMyResume and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”) from and against all liability and costs incurred by the Affiliates with respect to any claim arising out of any breach of this license and service agreement by You, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. WebMyResume reserves the right, at its own expense, to assume exclusive control over the defense of any lawsuit and the conduct of any mediation and/or settlement negotiations. You shall not settle any matter without the prior written consent of WebMyResume.
WebMyResume or You may terminate this Agreement at any time upon notice. WebMyResume also reserves the right to restrict, suspend or terminate the Services, either in whole or in part, without notice, with respect to any breach or threatened breach of Sections 3, 4, 5, or 6 of this Agreement based upon Your breach of any User warranties or Your failure to pay the monthly service fee on the date of expiration of service. If WebMyResume terminates Your service pursuant to this section 13, WebMyResume reserves the right to deny access to the Service, either in whole or in part, including, without limitation, removing Your materials from the WebMyResume servers, and to refuse to provide the service to You following such termination.
- MODIFICATIONS TO AGREEMENT
WebMyResume has the right to modify this Agreement. Any modification will be immediately effective upon a posting on the WebMyResume Home Page (http://webmyresume.com) or notice by either electronic mail or USPS mail. Your continued use of the WebMyResume service after such notice will be conclusively deemed an acceptance of such modification.
If You are dissatisfied with any modifications made by WebMyResume pursuant to this section 15 or the policies or practices of WebMyResume in providing the Services (including, without limitation, any change in the content of the Services, or any change in the amount or type of Service Fees), Your sole and exclusive remedy is to terminate Membership by delivering notice to WebMyResume. Such notice of termination of Membership will only become effective upon receipt by WebMyResume.
WebMyResume makes no claims or representations that WebMyResume Content may be lawfully viewed or accessed outside the United States. Access to WebMyResume Content may not be legal for certain persons or in certain countries. If You access any WebMyResume Site, You do so at Your own risk and are responsible for compliance with the laws of Your Jurisdiction.
This Agreement constitutes the entire understanding and agreement between You and WebMyResume concerning the WebMyResume Site and Service. There are no pre-existing agreements; and, any prior understanding is expressly disclaimed.
The failure by WebMyResume to enforce any provision of this agreement will neither constitute nor be construed as a waiver of any provision, right or remedy on the part of WebMyResume.
Texas law will govern the validity, Interpretation and enforcement of this Agreement (including the application of conflict of laws principles). If a court of competent jurisdiction holds any portion of this agreement to be invalid or otherwise unenforceable, WebMyResume and You understand and agree that the remaining provisions will remain in full force and effect and that such court will interpret the remainder to fulfill the original intentions of the parties as much as possible.
You consent to the exercise of personal jurisdiction by the federal and state district courts sitting in Dallas County, Texas regarding all legal and equitable civil actions concerning or arising out of this Agreement. In any such action, the prevailing party will be entitled to recover all legal expenses incurred, including, but not limited to, reasonable attorney’s fees and court costs.