Terms Of Use

Terms Of Use

This page states the Terms of Use (“Terms”) under which you (“You”) may use WebMyResume.com (hereinafter, “WebMyResume”) and the Services (as defined below). These terms include the WebMyResume.com Privacy Policy, which is incorporated into these Terms by Reference.

READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DM GOLDBERG SA DE CV ENTERPRISES CORPORATION, d/b/a WEBMYRESUME.COM, AND ARE DEEMED TO HAVE BEEN READ AND ACCEPTED BY YOU EACH TIME THAT YOU USE OR ACCESS WEBMYRESUME.COM OR ANY ASSOCIATED SITE. IF YOU DO NOT ACCEPT THE TERMS STATED HERE, DO NOT USE THIS SITE.

Use of the Services signifies your agreement to the terms and conditions of use as set forth on the remainder of this page.

1. Definitions

The WebMyResume sites are defined as any web sites under WebMyResume’s control, whether partial or otherwise, and include the WebMyResume Services. The WebMyResume Services are defined as the applications, services, and searches offered by WebMyResume, including an online service to search employment opportunities. The WebMyResume sites also include tools designed to facilitate valuable professional and personal networking among users of WebMyResume.com (“Users). WebMyResume also allows Users to create individual profiles, which may include personal information (“Profiles”) and to make these Profiles, or aspects thereof public.

2. 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 which WebMyResume may offer on any machine(s) of which you are the primary user. A WebMyResume account may not be transferred to another party or entity without prior written approval from WebMyResume, and any such transfer of a Service Account is subject to any limits established by WebMyResume.

3. Use of WebMyResume Content

WebMyResume authorizes You, subject to these Terms, to access and use the WebMyResume site and the 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, such as designs, text, graphics, images, video, information, logos, icons, software, audio files, algorithms, and other WebMyResume Content (collectively, “WebMyResume Content”) are protected under copyright, trademark, and other laws. All WebMyResume content is the property of WebMyResume 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 any and all copyright, trademark, service mark, and other proprietary notices contained in the original WebMyResume Content on any authorized copy You make of the WebMyResume Content. Any code that WebMyResume creates to generate, display, or perform any WebMyResume Content or Services or the pages making up any WebMyResume site is also protected by WebMyResume’s 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 WebMyResume’s or its licensor’s property, or that otherwise infringes WebMyResume’s or its licensor’s intellection property rights. You further agree to in no other way misuse WebMyResume Content. The use of the WebMyResume content on any other application, website or in a networked computer environment for any purpose is prohibited.

4. 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 shall mean information that You submit, publish, or display on a WebMyResume Site.

You expressly agree not to:

  • a) Transmit, post, distribute, store, or destroy material, including without limitation WebMyResume Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Monster’s privacy policy;
  • b) Take any action that imposes an unreasonable or disproportionately large load on any WebMyResume site’s infrastructure;
  • c) 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;
  • d) 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;
  • e) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • f) Reverse engineer or decompile any parts of any WebMyResume Site;
  • g) 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;
  • h) Frame or link to any WebMyResume Content or information available from any WebMyResume Site, unless permitted by these Terms;
  • i) 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;
  • j) Post any resume or apply for any job on behalf of another party;
  • k) Defer any contact from an employer to any agent, agency, or other third party;
  • l) Share with a third party any login credentials to any WebMyResume Site;
  • m) Access data not intended for You or logging into a server or account which You are not authorized to access;
  • n) Post or submit to any WebMyResume Site any incomplete, false, or inaccurate biographical information or information which is not Your own;
  • o) Post content that contains restricted or password-only access pages, or hidden pages or images;
  • p) Solicit passwords or personally identifiable information from other Users;
  • q) Delete or alter any material posted by any other person or entity;
  • r) Harass, incite harassment, or advocate harassment of any group, company, or individual;
  • s) 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;
  • t) Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any WebMyResume Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing;
  • u) 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
  • v) Use the WebMyResume Services for any unlawful purpose or any illegal activity or post or submit any content or resume that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent, or sexually explicit material of any kind, as determined by WebMyResume’s discretion.

Violations of system or network security may result in civil and/or criminal liability. WebMyResume will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

For each violation by you of these provisions, you agree to pay WebMyResume damages to compensate for the lost goodwill such a violation causes, but, where warranted, such as in the case of an accidental transmission, WebMyResume may waive all or part of any applicable charge. Payment by you under this provision shall not prevent WebMyResume from seeking to obtain other legal remedies against you, including other damages or an injunction.

5. Terms Applicable to User Information

By using WebMyResume, you guarantee that you are at least 18 years of age, or the age of majority as defined in the jurisdiction in which you reside.

You further acknowledge that you guarantee that you are eligible for employment in the United States, and can verify your work authorization upon request.

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 30 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.

WebMyResume reserves the right to offer third party services and products to You based on the preferences that you identify in Your Registration and at any time thereafter or you have agreed to receive, such offers may be made by WebMyResume or by third parties. Please see WebMyResume’s Privacy Policy for further details regarding Your Information.

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 or not authorized by You. 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 that if You cancel Your WebMyResume account or Your WebMyResume account is terminated, all Your account information from WebMyResume, including resumes, Profiles, cover letters, saved jobs and questionnaires will be marked as deleted in and may be deleted from WebMyResume’s databases and will be removed from any public area of the WebMyResume Sites. Information may continue to be available for some period of 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 of Your information after a significant duration of inactivity.

6. 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 which is intended to be available to the general public, you grant WebMyResume a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting 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, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. 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 retains any and 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 may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for WebMyResume, damage WebMyResume’s brand or public image, or cause WebMyResume to lose Users or (in whole or in part) the services of its Internet Service Providers or other suppliers.

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. By using WebMyResume’s Services, you acknowledge that any reliance on material posted by other Users will be at Your Own Risk.

The following is a partial list of User Content that is prohibited on WebMyResume. The list below is an illustration only, and may not be construed to be a complete list of all prohibited User Content.

Content that –

  • Is implicitly or explicitly offensive, such as User Content that engages in, endorses, or promotes racism, bigotry, discrimination, hatred, or physical harm of any kind against any group or individual;
  • Harasses, incites harassment or advocates harassment of any group or individual;
  • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, “spamming”, or “phishing”;
  • Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes or endorses 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;
  • Contains restricted or password only access pages, or hidden pages or images;
  • Displays or links to pornographic, indecent, or sexually explicit material of any kind;
  • Provides or links to material that exploits people under the age of 18 in a sexual, violent, or other manner, or solicits personal information from anyone under 18; or
  • Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating the privacy of another, providing or creating computer viruses or pirating any media; or
  • Solicits passwords or personal identifying information from other Users— is prohibited, and will result in termination of use of WebMyResume Services.

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 shall be the property of WebMyResume. None of the Proposal shall be subject to any obligation of confidentiality on the part of WebMyResume, and WebMyResume shall not be liable for any use or disclosure of any Proposal. WebMyResume shall own exclusively all now known or later discovered rights to the Proposal and shall be entitled to unrestricted use of the Proposal for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

7. 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 or not 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.

8. 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 legal@webmyresume.com or by regular mail at:

  • WebMyResume.com
  • 750 East US Highway #80
  • Suite 200
  • Forney, Texas 75126

9. 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 Service.

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 help@webmyresume.com.

WebMyResume reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice. WebMyResume may reduce these fees at any time without notice to you. In the event your account is terminated or suspended, fees received are 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 such time as the balance is resolved by You. You shall also be liable for all attorney’s and collection fees arising from WebMyResume’s efforts to collect any unpaid balance of your account(s).

10. WebMyResume’s Liability

The WebMyResume Site acts as a venue for candidates to post resumes and conduct employment opportunity searches, among other things. WebMyResume conducts a limited review of the materials that we receive from you, to ensure compliance with these terms. WebMyResume is not involved in the actual transaction between employers and candidates. As a result, WebMyResume is not responsible for User Content, the quality, safety or legality of the resumes posted, the truth or accuracy of search results, or the ability of candidates to fill job openings, and WebMyResume makes no representations about any jobs, resumes, or User Content on the WebMyResume Site. WebMyResume is also not liable for a candidate’s inability to obtain employment based on his or her ineligibility to work in the United States. While WebMyResume reserves the right in its sole discretion to remove User Content, resumes, or other material from the WebMyResume Sites periodically, WebMyResume does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

The WebMyResume Site and the WebMyResume Content may contain inaccuracies or typographical errors. WebMyResume makes no representations about the accuracy, reliability, completeness, or timeliness of any WebMyResume Site or the WebMyResume Content. The use of all WebMyResume Sites and the WebMyResume Content is at Your own risk. 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 shall create any warranty not expressly stated herein.

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 does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any WebMyResume Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished and tendered solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the site violates these Terms, please contact our designated agent set forth in Section 8.

If notified of any content or other materials which allegedly do not conform to these Terms, WebMyResume may, in its sole discretion, investigate the allegation and determine whether to remove or request the removal of the content. WebMyResume has no liability or responsibility to Users for performance or nonperformance of such activities.

11. Disclaimer of Warranty

WEBMYRESUME, TO THE FULLEST EXTENT POSSIBLE BY LAW, DOES NOT WARRANT THAT ANY WEBMYRESUME SITE OR ANY WEBMYRESUME SERVICE WILL OPERATE COMPLETELY ERROR-FREE, NOR DOES IT WARRANT THAT ANY WEBMYRESUME SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBMYRESUME SITE OR THE WEBMYRESUME CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WEBMYRESUME IS NOT RESPONSIBLE FOR THOSE COSTS. THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. WEBMYRESUME MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBMYRESUME CONTENT, SERVICES, SOFTWARE, TEXT, LINKS, AND GRAPHICS.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WEBMYRESUME, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WEBMYRESUME SITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SERVICES, EVEN IF WEBMYRESUME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WEBMYRESUME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED ($100) DOLLARS.

13. Indemnity

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 any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitations, 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 the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of WebMyResume.

14. Termination

In addition to any other rights of the parties set forth herein, either you or WebMyResume may terminate this Agreement at any time upon notice. WebMyResume also reserves the right to restrict, suspend, or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of Sections 3, 4, 5, or 6, based on a breach of any of your warranties set forth above, or if you fail 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 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.

15. Modifications to Agreement

WebMyResume has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the WebMyResume Home Page (http://webmyresume.com), or upon notice by electronic mail, or U.S. mail. Your continued use of the WebMyResume service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of WebMyResume in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of Service Fees, is to terminate Membership by delivering notice to WebMyResume. Such notice will be effective upon receipt by WebMyResume.

16. General

WebMyResume makes no claims or representations that the WebMyResume Content may be lawfully viewed or accessed outside the United States. Access to the WebMyResume Content may not be legal by 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 agreement between you and WebMyResume with respect to the WebMyResume Site and Service, and supersedes all prior agreements between you and WebMyResume. Failure by WebMyResume to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Texas (excluding its choice of law rules). You consent to personal jurisdiction in the federal and state courts of Dallas County, Texas, for any action arising out of or relating to your use of the WebMyResume Services. The Federal and state courts of Dallas County, Texas, shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.