ResumeTalks.org, (ResumeTalks.org or we) is a networking service
that allows Candidates/Recruiting Agents to create unique personal
profiles online in order to network themselves. For the purpose
of this agreement Candidates/Recruiting Agents are considered
Members. The services offered by ResumeTalks.org include any ResumeTalks.org-branded
URL (the "ResumeTalks.org Website"), and any other features, content,
or applications offered from time to time by ResumeTalks.org in connection
with ResumeTalks.orgs business (collectively, the "ResumeTalks.org Services").
The ResumeTalks.org Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the ResumeTalks.org Services. By using
the ResumeTalks.org Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse
the ResumeTalks.org Website, or otherwise use the ResumeTalks.org Services
without being registered) or you are a "Member" (which means
that you have registered with ResumeTalks.org). The term "User" refers
to a Visitor or a Member. You are only authorized to use the
ResumeTalks.org Services (regardless of whether your access or use
is intended) if you agree to abide by all applicable laws and
the terms of this Agreement. Please read this Agreement and
save it. If you do not agree to be bound by this Agreement and
to follow all applicable laws, you should leave the ResumeTalks.org
Website and discontinue use of the ResumeTalks.org Services immediately.
If you wish to become a Member, communicate with other Members
and/or make use of the ResumeTalks.org Services, you must read this
Agreement and indicate your acceptance during the registration
process.
This Agreement includes ResumeTalks.org's policy for acceptable use
of the ResumeTalks.org Services and Content posted on or through
the ResumeTalks.org Services and your rights, obligations and restrictions
regarding your use of the ResumeTalks.org Services and Content posted
on or through the ResumeTalks.org Services. In order to participate
in certain ResumeTalks.org Services, you may be notified that you
are required to download software or content and/or agree to
additional terms and conditions from ResumeTalks.org. Unless otherwise
provided by the additional terms and conditions applicable to
the ResumeTalks.org Services in which you choose to participate,
those additional terms are hereby incorporated into this Agreement.
ResumeTalks.org may modify this Agreement from time to time and such
modification shall be effective upon posting by ResumeTalks.org on
the ResumeTalks.org Website. Your continued use of the ResumeTalks.org
Services after ResumeTalks.org posts a revised Agreement signifies
your acceptance of the revised Agreement. It is therefore important
that you review this Agreement regularly to ensure you are updated
as to any changes.
Please choose carefully the information you post on or through
the ResumeTalks.org Services and that you provide to other Users.
Your ResumeTalks.org profile may not include any form of Prohibited
Content, as outlined below. Despite this prohibition, information,
materials, products or services provided by other ResumeTalks.org
Members (for instance, in their profile) may, in whole or in
part, be unauthorized, impermissible or otherwise violate this
Agreement, and ResumeTalks.org assumes no responsibility or liability
for this material. If you become aware of misuse of the ResumeTalks.org
Services by any person, please click on the "Contact Us link
at the top or bottom of the ResumeTalks.org Website pages.
ResumeTalks.org reserves the right, in its sole discretion, to reject,
refuse, to post or remove any posting (including private messages)
by you, or to deny, restrict, suspend, or terminate your access
to all or any part of the ResumeTalks.org Services at any time, for
any or no reason, with or without prior notice or explanation,
and without liability. ResumeTalks.org expressly reserves the right
to remove your profile and/or deny, restrict, suspend, or terminate
your access to all or any part of the ResumeTalks.org Services if
ResumeTalks.org determines, in its sole discretion, that you have
violated this Agreement or pose a threat to ResumeTalks.org and/or
its Users.
Disclaimers
ResumeTalks.org is not responsible for and makes no warranties, express
or implied, as to the User Content or the accuracy and reliability
of the User Content posted on or through the ResumeTalks.org Services,
whether caused by Users of the ResumeTalks.org Services or by any
of the equipment or programming associated with or utilized
in the ResumeTalks.org Services and such User Content does not necessarily
reflect the opinions or policies of ResumeTalks.org. Profiles and
third party applications created and posted by Members on the
ResumeTalks.org Website may contain links to other websites. ResumeTalks.org
is not responsible for the content, accuracy or opinions expressed
on such websites, and such websites are not necessarily investigated,
monitored or checked for accuracy or completeness by ResumeTalks.org.
Inclusion of any linked website on the ResumeTalks.org Services does
not imply approval or endorsement of the linked website by ResumeTalks.org.
When you access these third party sites, you do so at your own
risk. ResumeTalks.org takes no responsibility for third party advertisements
or third party applications that are posted on or through the
ResumeTalks.org Services, nor does it take any responsibility for
the goods or services provided by its advertisers. ResumeTalks.org
is not responsible for the conduct, whether online or offline,
of any User of the ResumeTalks.org Services. ResumeTalks.org assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, any User or Member communication. ResumeTalks.org
is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure
of any email or players due to technical problems or traffic
congestion on the Internet or on any of the ResumeTalks.org Services
or combination thereof, including any injury or damage to Users
or to any person's computer related to or resulting from participation
or downloading materials in connection with the ResumeTalks.org Services.
Under no circumstances shall ResumeTalks.org be responsible for any
loss or damage, including personal injury or death, resulting
from use of the ResumeTalks.org Services, attendance at a ResumeTalks.org
event, from any User Content posted on or through the ResumeTalks.org
Services, or from the conduct of any Users of the ResumeTalks.org
Services, whether online or offline. The ResumeTalks.org Services
are provided "AS-IS" and as available and ResumeTalks.org expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. ResumeTalks.org cannot guarantee and does not promise
any specific results from use of the ResumeTalks.org Services.
Eligibility
Use of the ResumeTalks.org Services and registration to be a Member
for the ResumeTalks.org Services (Membership) is void where prohibited.
By using the ResumeTalks.org Services, you represent and warrant
that (a) all registration information you submit is truthful
and accurate; (b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older; and (d) your use of the
ResumeTalks.org Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 18 years of
age, or we believe that you are under 18 years of age and you
represent yourself as 18.
Use by Members. The ResumeTalks.org Services are for the personal
use of Members and may be used for promotional purposes as well,
but direct commercial endeavors may only be used if they are
specifically endorsed or authorized by ResumeTalks.org. ResumeTalks.org
reserves the right to remove commercial content in its sole
discretion. Illegal and/or unauthorized use of the ResumeTalks.org
Services, including collecting usernames, user id numbers, and/or
email addresses of Members by electronic or other means for
the purpose of sending unsolicited email or unauthorized framing
of or linking to the ResumeTalks.org Website, or employing third
party promotional sites or software to promote profiles for
money, is prohibited. Commercial advertisements, affiliate links,
and other forms of unauthorized solicitation may be removed
from Member profiles without notice or explanation and may result
in termination of Membership privileges. ResumeTalks.org reserves
the right to take appropriate legal action for any illegal or
unauthorized use of the ResumeTalks.org Services.
Term
This Agreement, and any posted revision to this Agreement, shall
remain in full force and effect while you use the ResumeTalks.org
Services or are a Member. You may terminate your Membership
at any time, for any reason, by following the instructions on
the Member's Profile page. ResumeTalks.org may terminate your Membership
at any time, for any or no reason, with or without prior notice
or explanation, and without liability. Even after Membership
is terminated, this Agreement will remain in effect.
Password
When you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible for maintaining
the confidentiality of your password. You agree not to use the
account, username, or password of another Member at any time
or to disclose your password to any third party. You agree to
notify ResumeTalks.org immediately if you suspect any unauthorized
use of your account or access to your password. You are solely
responsible for any and all use of your account.
Proprietary Rights in Content on ResumeTalks.org
ResumeTalks.org does not claim any ownership rights in the text,
files, images, photos, video, sounds, musical works, works of
authorship, applications, or any other materials (collectively,
"Content") that you post on or through the ResumeTalks.org Services.
After posting your Content to the ResumeTalks.org Services, you continue
to retain any such rights that you may have in your Content,
subject to the limited license herein. By displaying any Content
on or through the ResumeTalks.org Services, you hereby grant to ResumeTalks.org
a limited license to use, modify, delete from, add to, publicly
perform, publicly display, reproduce, and distribute such Content
solely on or through the ResumeTalks.org Services, including without
limitation distributing part or all of the ResumeTalks.org Website
in any media formats and through any media channels. This limited
license does not grant ResumeTalks.org the right to sell or otherwise
distribute your Content outside of the ResumeTalks.org Services.
After you remove your Content from the ResumeTalks.org Website we
will cease distribution as soon as practicable, and at such
time when distribution ceases, the license will terminate.
The ResumeTalks.org Services contain Content of ResumeTalks.org ("ResumeTalks.org
Content"). ResumeTalks.org Content is protected by copyright, trademark,
patent, trade secret and other laws, and ResumeTalks.org owns and
retains all rights in the ResumeTalks.org Content and the ResumeTalks.org
Services. ResumeTalks.org hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the ResumeTalks.org
Content (excluding any software code) solely for your personal
use in connection with viewing the ResumeTalks.org Website and using
the ResumeTalks.org Services.
The ResumeTalks.org Services contain Content of Users and other ResumeTalks.org
licensors. Except as provided within this Agreement, you may
not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through
the ResumeTalks.org Services.
ResumeTalks.org performs technical functions necessary to offer the
ResumeTalks.org Services, including but not limited to transcoding
and/or reformatting Content to allow its use throughout the
ResumeTalks.org Services.
Content Posted
ResumeTalks.org may reject, refuse to post or delete any Content
for any or no reason, including Content that in the sole judgment
of ResumeTalks.org violates this Agreement or which may be offensive,
illegal or violate the rights of any person or entity, or harm
or threaten the safety of any person or entity. ResumeTalks.org assumes
no responsibility for monitoring the ResumeTalks.org Services for
inappropriate Content or conduct. If at any time ResumeTalks.org
chooses, in its sole discretion, to monitor the ResumeTalks.org Services,
ResumeTalks.org nonetheless assumes no responsibility for the Content,
no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting
any such Content.
You are solely responsible for the Content that you post on
or through any of the ResumeTalks.org Services, and any material
or information that you transmit to other Members and for your
interactions with other Users.
Content/Activity Prohibited
The following are examples of the kind of Content that is illegal
or prohibited to post on or through the ResumeTalks.org Services.
ResumeTalks.org reserves the right to investigate and take appropriate
legal action against anyone who, in ResumeTalks.org's sole discretion,
violates this provision, including without limitation, removing
the offending Content from the ResumeTalks.org Services and terminating
the Membership of such violators. Prohibited Content includes,
but is not limited to, Content that, in the sole discretion
of ResumeTalks.org: is patently offensive and promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person; exploits
people in a sexual or violent manner; contains nudity, excessive
violence, or offensive subject matter or contains a link to
an adult website; solicits personal information from anyone
under 18; publicly posts information that poses or creates a
privacy or security risk to any person; constitutes or promotes
information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous; constitutes or promotes an
illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to
them, providing information to circumvent manufacturer-installed
copy-protect devices, or providing pirated music or links to
pirated music files; involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming"; contains restricted or password only
access pages or hidden pages or images (those not linked to
or from another accessible page); furthers or promotes any criminal
activity or enterprise or provides instructional information
about illegal activities including, but not limited to making
or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses; solicits passwords or personal
identifying information for commercial or unlawful purposes
from other Users; involves commercial activities and/or sales
without prior written consent from ResumeTalks.org such as contests,
sweepstakes, barter, advertising, or pyramid schemes; includes
a photograph or video of another person that you have posted
without that person's consent; for band, comedy, filmmaker and
other profiles, uses sexually suggestive imagery or any other
unfair, misleading or deceptive Content intended to draw traffic
to the profile; or violates the privacy rights, publicity rights,
copyrights, trademark rights, contract rights or any other rights
of any person.
The following are examples of the kind of activity that is illegal
or prohibited on the ResumeTalks.org Website and through your use
of the ResumeTalks.org Services. ResumeTalks.org reserves the right to
investigate and take appropriate legal action against anyone
who, in ResumeTalks.org's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited
to: criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets; advertising to, or solicitation of,
any Member to buy or sell any products or services through the
unauthorized or impermissible use of the ResumeTalks.org Services.
You may not transmit any chain letters or junk email to other
Members. In order to protect our Members from such advertising
or solicitation, ResumeTalks.org reserves the right to restrict the
number of emails which a Member may send to other Members in
any 24-hour period to a number which ResumeTalks.org deems appropriate
in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unauthorized
commercial communications of any kind through the ResumeTalks.org
Services, you acknowledge that you will have caused substantial
harm to ResumeTalks.org, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation
of such harm, you agree to pay ResumeTalks.org $50 for each such
unsolicited email or other unauthorized commercial communication
you send through the ResumeTalks.org Services; circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting
any other person in circumventing or modifying any security
technology or software that is part of the ResumeTalks.org Services;
activity that involves the use of viruses, bots, worms, or any
other computer code, files or programs that interrupt, destroy
or limit the functionality of any computer software or hardware,
or otherwise permit the unauthorized use of or access to a computer
or a computer network; covering or obscuring the banner advertisements
on your personal profile page, or any ResumeTalks.org page via HTML/CSS
or any other means; any automated use of the system, such as,
but not limited to, using scripts to add friends or send comments
or messages; interfering with, disrupting, or creating an undue
burden on the ResumeTalks.org Services or the networks or services
connected to the ResumeTalks.org Services; impersonating or attempting
to impersonate another Member, person or entity; for band, comedy,
filmmaker and other profiles containing a ResumeTalks.org player
copying the code for your ResumeTalks.org Player and embedding it
(or directing others to embed it) anywhere other than your band
profile on ResumeTalks.org; using the account, username, or password
of another Member at any time or disclosing your password to
any third party or permitting any third party to access your
account; selling or otherwise transferring your profile; using
any information obtained from the ResumeTalks.org Services in order
to harass, abuse, or harm another person or entity, or attempting
to do the same; displaying an unauthorized commercial advertisement
on your profile, or accepting payment or anything of value from
a third person in exchange for your performing any commercial
activity through the unauthorized or impermissible use of the
ResumeTalks.org Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins
with a commercial purpose, or using the ResumeTalks.org Services
in a manner inconsistent with any and all applicable laws and
regulations.
Protecting Copyrights and Other Intellectual Property
ResumeTalks.org respects the intellectual property of others, and
requires that our users do the same. You may not upload, embed,
post, email, transmit or otherwise make available any material
that infringes any copyright, patent, trademark, trade secret
or other proprietary rights of any person or entity. ResumeTalks.org
has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through
the ResumeTalks.org Services in a way that constitutes copyright
infringement, please send ResumeTalks.org's Copyright Agent a notification
of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by
a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information
reasonably sufficient to permit us to locate the material on
the ResumeTalks.org Services (providing the URL(s) of the claimed
infringing material satisfies this requirement); (c) information
reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; (e) a statement by you, made under penalty
of perjury, that the above information in your notification
is accurate and that you are the copyright owner or a authorized
to act on the copyright owner's behalf; and (f) your physical
or electronic signature. ResumeTalks.org's Copyright Agent for notification
of claimed infringement can be reached as follows:
Member Disputes
You are solely responsible for your interactions with other
ResumeTalks.org Members. ResumeTalks.org reserves the right, but has no
obligation, to become involved in any way with disputes between
you and other Members.
Privacy
Use of the ResumeTalks.org Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
Limitation on Liability. IN NO EVENT SHALL ResumeTalks.org BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE ResumeTalks.org SERVICES, EVEN
IF ResumeTalks.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ResumeTalks.org'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO ResumeTalks.org FOR THE ResumeTalks.org
SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with
the ResumeTalks.org Services (the "Software") is further subject
to United States export controls. No Software may be downloaded
from the ResumeTalks.org Services or otherwise exported or re-exported
in violation of U.S. export laws. Downloading or using the Software
is at your sole risk.
Disputes
The Agreement shall be governed by, and construed in accordance
with, the laws of the State of Michigan, without regard to its
conflict of law provisions. You and ResumeTalks.org agree to submit
to the exclusive jurisdiction of the courts located within the
State of Michigan to resolve any dispute arising out of the
Agreement or the ResumeTalks.org Services. EACH OF THE PARTIES HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING
BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS,
OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION
WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT
NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED,
EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT
OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO
JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT
THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING
INTO THIS AGREEMENT.
Indemnity
You agree to indemnify and hold ResumeTalks.org, its subsidiaries,
and affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the ResumeTalks.org Services
in violation of this Agreement and/or arising from a breach
of this Agreement and/or any breach of your representations
and warranties set forth in this Agreement and/or if any Content
that you post on or through the ResumeTalks.org Services causes ResumeTalks.org
to be liable to another.
Other
This Agreement is accepted upon your use of the ResumeTalks.org Website
or any of the ResumeTalks.org Services and is further affirmed by
you becoming a Member. This Agreement constitutes the entire
agreement between you and ResumeTalks.org regarding the use of the
ResumeTalks.org Services. The failure of ResumeTalks.org to exercise or
enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or
contractual effect. ResumeTalks.org is a trademark of ResumeTalks.org.
This Agreement operates to the fullest extent permissible by
law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability
of any remaining provisions.