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TERMS AND CONDITIONS FOR ACCESS
AND USE OF TARGETRESUME, INC. WEBSITE
TargetResume.Com (the "Website") is an online information,
communication, advertising and sales service provided by TargetResume, Inc. ("TargetResume").
Before using the Website, please read the terms and conditions for access and
use set forth below (“Terms”). By using this Website, you agree to be bound by
the Terms. We reserve the right to revise the Terms at any time without notice
and, by using this site subsequent to the revision of the Terms of use, you
agree to be bound by such changes. You agree to periodically monitor the Terms
and, if you find the Terms to be unacceptable at any time, you must immediately
terminate your use of this Website.
1. DISCLAIMER.
1.1 You understand that TargetResume does not operate, control or endorse any
information, products or services on this Website in any way. Except for
information, products or services specifically identified as being supplied by
TargetResume, all information, products and services offered on the Website are
offered by third parties that are not affiliated with TargetResume. You also
understand that TargetResume cannot and does not guarantee or warrant, directly
or indirectly, that files or software of any kind, or from any source, available
for downloading through the Website, will be free of infections, viruses, worms,
“trojan horses” or other code or defects that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Website
for the reconstruction of lost data.
1.2 YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ANY
SERVICES CONTAINED THEREIN. THIS WEBSITE IS PROVIDED EXCLUSIVELY ON AN "AS IS"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
TARGETRESUME ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY NATURE WHATSOEVER FOR
ERRORS OR OMISSIONS IN THIS WEBSITE OR ANY OTHER WEBSITE WHICH MAY BE REFERENCED
OR LINKED TO THIS WEBSITE. REFERENCES TO TRADESHOWS, CORPORATIONS, THEIR
SERVICES OR PRODUCTS ARE PROVIDED "AS IS " WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL TARGETRESUME (OUR
PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR
ASSIGNS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS OR BUSINESS ) WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF DAMAGE, OR UNDER ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF THIS
INFORMATION. THE INFORMATION INCLUDED IN THIS WEBSITE MAY INCLUDE TECHNICAL OR
OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. AMENDMENTS ARE PERIODICALLY MADE TO
THE INFORMATION CONTAINED HEREIN. THESE AMENDMENTS WILL BE INCORPORATED INTO THE
WEBSITE. TARGETRESUME MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE
WEBSITE AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY
APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEBSITE. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULLNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE WEBSITE. TARGETRESUME DOES NOT REPRESENT OR WARRANT THAT
THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE
WILL BE CORRECTED. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY TERMS,
CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF TARGETRESUME IN
OPERATING THE WEBSITE YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TARGETRESUME OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY REPRESENTATION OR
WARRANTY OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED. SPECIFICALLY, AND WITHOUT
LIMITING ANY OF THE FOREGOING PROVISIONS OF THIS PARAGRAPH 3, THE USER HEREBY
SPECIFICALLY ACKNOWLEDGES THAT (I) TARGET RESUME IS MERELY A CONDUIT FOR THE
ONLINE DISTRIBUTION AN PUBLICATION OF RESUMES, (II) THE USER IS SOLELY
RESPONSIBLE FOR VERIFYING ANY AND ALL CANDIDATE INFORMATION CONTAINED IN ANY
RESUMES POSTED ON THIS WEBSITE INCLUDING, WITHOUT LIMITATION, CHECKING
REFERENCES AND CONFIRMING EMPLOYMENT HISTORY AND (III) TARGET RESUME DOES NOT
WARRANT CANDIDATE’S SUITABILITY FOR EMPLOYMENT, EMPLOYMENT ELIGIBILITY AND/OR
VISA STATUS.
1.3 This Website may contain links to other websites which are completely
independent of this Website. TargetResume makes no representation or warranty of
any nature whatsoever as to the accuracy, completeness or authenticity of the
information or opinions contained in any such linked website, and any link to
another website shall not in any manner be construed as an endorsement by us of
that website, or of the products or services described therein. Links to other
websites are provided solely and expressly as a convenience, and such inclusion
of any link does not imply endorsement by TargetResume of any such website. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Website, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that TargetResume shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Website.
1.4 Users of this Website should not rely upon opinions expressed at or on this
Website when making business, financial, personal or other decisions.
Additionally, TargetResume does not endorse the opinions of third parties
expressed on linked websites.
2. COPYRIGHT; OWNERSHIP OF IDEAS, INFORMATION AND CONTENT
2.1 TargetResume is the exclusive owner of the content on this Website. You may
print and download portions of the materials solely for your non-commercial use.
Any other copying, redistribution, publication or retransmission of any portion
of the Website material is strictly prohibited without the express prior written
permission of TargetResume and any third party information provider to the
Website. You agree not to change or delete any proprietary notices from any
material downloaded from the Website. You further agree to grant to TargetResume
a non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sublicense, to reproduce, transmit, distribute, create any derivative works of,
publicly use or display any materials or other information (including, but not
limited to, ideas, concepts or techniques for new or improved services and
products) you publish to the Website by any means or by any media now known or
hereafter developed. You further agree that any such communication you make to
the Website (whether information, feedback, data, questions, comments,
suggestions or the like) shall be deemed not to be confidential. By your
acceptance of the foregoing terms and conditions, you also grant to TargetResume
the right to use your name in connection with the submitted materials and other
information as well as in connection with any and all advertising, marketing and
promotional material related thereto. You further agree and acknowledge that you
shall have no recourse against TargetResume for any alleged or actual
infringement or misappropriation of any proprietary right in your publications
or communications to us.
2.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Website, use of the Website, or access
to the Website. You further agree not to forward and/or transfer any personal
information about a candidate whose resume is posted on this Website (or post
any personal information with respect to such a candidate on a website that can
be viewed by a third party) without the prior written consent of such candidate.
3. MANNER OF USE.
3.1 This paragraph 3 sets forth the rules that govern your use of, and your
activity in connection with the Website. TargetResume has the further right to
prohibit or remove any materials or communications from the Website, which
TargetResume, in its sole and absolute discretion, believes to be in violation
of the terms and conditions of this paragraph 3.
3.2 The terms and conditions set forth below apply to forums, discussion groups,
chat groups, bulletin boards and any other interactive area of the Website. Use
of, access to, or participation in any of these or any other interactive areas
of the Website constitutes acceptance of these legal terms and conditions. Your
participation in on-line communications occurs in real time and is not edited,
censored, or otherwise controlled by TargetResume. TargetResume cannot and does
not screen all content provided by users of the Website. Notwithstanding the
foregoing, TargetResume reserves the right to monitor content on the Website and
to remove content which TargetResume, in its sole and absolute discretion,
determines to be harmful, offensive, or otherwise in violation of these policies
of operation. In order to maintain an informative and valuable service that
meets the needs of the users of the Website and avoids the harm that can result
from the dissemination of statements that are false, malicious, violate of the
rights of others, or otherwise harmful, the following rules shall govern your
use of the Website:
While using the Website you may not:
(A) post or transmit (i) any message anonymously or under a false name, (ii) any
unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic,
profane or otherwise objectionable information of any kind, including without
limitation any transmission constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, (iii) any message which
discloses private or personal matters concerning any person, (iv) any
information, file or software that contains a virus, worm, “trojan horse” or any
other contaminating or destructive features, (v) any message, data, image or
program that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, (vi) trademarks or service marks used in an infringing
fashion, (vii) interfere, in any way, with other users of the Website, (v)
contact any candidate whose resume is posted on this Website for any reason
whatsoever other than with respect to bona fide career opportunities on normal
and customary terms, (vi) engage in any multi-level marketing and/or get rich
quick schemes or (vii) unless the prior written consent of TargetResume has been
obtained, any unsolicited e-mail and/or advertisements to any candidate whose
resume is posted on this Website.
3.3 In the event that you hire any candidate whose resume is posted on this
Website, you will reimburse such candidate for the fees incurred by such
candidate in connection with the use of this Website, such reimbursement not to
exceed the amount of One Hundred ($100.00) Dollars in the aggregate. Moreover,
you agree not to charge any candidate whose resume is posted on this Website for
any services provided by you to such candidate.
4. CONFIDENTIALITY.
4.1 Your confidential use of this Website cannot be guaranteed by TargetResume.
Neither TargetResume, nor any of its principals, shareholders, officers,
directors, employees, agents and/or representatives, shall be responsible for
any harm that you or any person may suffer as a result of a breach of
confidentiality in respect to your use of this site.
5. GOVERNING LAW.
5.1 The Terms shall be governed by and construed in accordance with the laws of
the State of New York, as they apply to agreements made and solely performed
therein. Disputes arising from the Terms shall be exclusively subject to the
jurisdiction of the Federal Courts of the United States of America located in
the State of Florida and/or the State Courts of the State of Florida and
jurisdiction for such disputes shall rest solely in the State of New Jersey in
the United States of America.
6. ENTIRE AGREEMENT; SEVERABILITY.
6.1 The Terms constitute the entire agreement of TargetResume and you with
respect to your access to and use of this Website. The Terms may be modified or
amended by TargetResume at any time without notice to you. Furthermore, you also
may be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. Any provision
of the Terms which is determined by a court of competent jurisdiction to be
unenforceable in any jurisdiction shall be severable from the terms in that
jurisdiction without in any way invalidating the remaining provisions of the
Terms. The unenforceability of any particular provision in a given jurisdiction
shall not make that provision unenforceable in any other jurisdiction.
7. INTERNATIONAL USE OF WEBSITE.
7.1 You agree to comply with all local rules regarding online conduct and
acceptable content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or
the country in which you reside.
8. TERMINATION.
8.1 You agree that TargetResume, in its sole and absolute discretion, may
terminate your password,
terminate, ban, prohibit or otherwise limit your ability to access or use the
Website, and remove and discard any content within the Website, for any reason,
including, without limitation, if TargetResume believes that you have violated
or acted inconsistently with the letter or spirit of the Terms. TargetResume may
also, in its sole and absolute discretion, and at any time discontinue providing
the Website, or any part thereof, with or without notice. You agree that any
termination of your access to the Website under any provision of the Terms may
be effected without prior notice. Further, you agree that TargetResume shall not
be liable to you or any third-party for any termination of your access to the
Website.
9. INDEMNITY.
9.1 You agree to indemnify and hold TargetResume (our principals, officers,
directors, shareholders, employees, contractors, subcontractors, suppliers,
agents, affiliates, subsidiaries, successors or assigns) harmless from against
any and all claims, costs, liabilities, causes of action, judgements, damages
and expenses of any nature whatsoever (including, without limitation, attorneys'
fees and disbursements) made by any third party due to or arising out of your
use of the Website, your connection to the Website, your violation of the Terms,
or your violation of the rights of any other party.
RENEWAL
THE INVOICE IS DELIVERED BY THE COMPANY TO THE CUSTOMER AT LEAST ONE (1) WEEKS PRIOR TO THE COMMENCEMENT OF THE PERIOD TO WHICH IT APPLIES ("INVOICE DATE"). THE CUSTOMER HEREBY ACKNOWLEDGES THAT UNLESS THE CUSTOMER NOTIFIES THE COMPANY IN WRITING ON OR BEFORE THE EFFECTIVE DATE THAT IT NO LONGER DESIRES TO EMPLOY THE COMPANY'S SERVICES, THE AGREEMENT BETWEEN THE CUSTOMER AND THE COMPANY WITH RESPECT TO THE COMPANY'S WEBSITE SHALL BE AUTOMATICALLY RENEWED FOR AN ADDITIONAL PERIOD OF STATED AS 30 DAYS OR STATED ON INVOICE ("RENEWAL PERIOD") AND THE CUSTOMER SHALL BE LIABLE COSTS, FEES AND/OR CHARGES OF ANY NATURE WHATSOEVER INCURRED TO THE COMPANY OR BY THE COMPANY ON THE CUSTOMER'S BEHALF DURING THE RENEWAL PERIOD, WHETHER OR NOT SUCH COSTS ARE SET FORTH ON THIS INVOICE.
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