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Terms of Service Policy last updated January 15th, 2018
Please read this Terms of Service Agreement carefully. Your use of the Site (as defined below) constitutes your acceptance of and agreement to this Terms of Service Agreement.
This Terms of Service Agreement (the "Agreement") is between you ("you") and theCV operated by DreamsNDeals LLC ("theCV," "we," "us") concerning your use of the Internet World Wide Web site currently located at theCV.me (together with any successor site(s) and all Services (as defined below), the "Site").
Acceptance of Terms
By using the Site and accepting this Agreement, you represent and warrant to theCV that you have the right, authority and capacity to agree to and abide by this Agreement. The Site is made available by theCV subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time at our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service..
Description of the Services
We provide users of the Site with access to certain specialized content and services related to professionals’ resumes, including without limitation, the creation of electronic profiles, resume organization and conversion functionality, forums, video clips, photographs, graphics, images, charts, text, data, user comments, postings, messages, articles and other similar content (such content and services, collectively, the "Services"). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.
SPECIAL NOTE REGARDING THE SERVICES: Please note that, as part of the Services, we provide certain specialized services related to the creation of an electronic profile for each individual who registers for the Site and provides resume information and for individuals for whom a resume is provided to the Site. Such profiles include enhanced features determined by theCV (each such electronic profile, together with all of other information, video or audio clips, photographs, graphics, images, charts, text, data, comments, postings messages, articles and other similar content posted by an individual, a "CV"). theCV will not screen or review any of the CVs to determine suitability for employment, nor will it consider any of the individuals for employment with theCV. theCV does not act as an agent for any individual submitting his or her resume or CV through the Site or any company that may view an individual’s resume or CV through the Site, and nothing herein creates an employer-employee, agency or other relationship between theCV and such individual. theCV is not, and shall not be, responsible for recruiting, hiring, or any other decisions related to employment with respect to the CVs or any individuals using the Site.
The Site acts as a venue for individuals to create CVs and for certain companies to view such CVs. theCV does not review, screen, edit or monitor the CVs and resumes or make any judgments about or selections of CVs or individuals. theCV is not involved in the actual transaction between a potential employer and any individuals through the Site. Therefore, theCV has no control over the CVs or the quality, truth, accuracy, reliability, completeness or timeliness of such theCVs, or the ability of a potential employer to offer opportunities to individuals, or the ability of individuals to fill job openings, and theCV makes no representations or warranties about any CV, potential employer or individual.
Information Submitted Through the Site
Rules of Conduct
While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 17 below.
You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Site: - Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; © fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right. - Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking." - Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. - Any unsolicited or unauthorised advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation. - Any material, non-public information about a company without the proper authorisation to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity.
- Use the Site to harvest or collect personally identifiable information about other users of the Site, except as authorised hereunder or in a separate agreement between you (or the company with which you are affiliated and on whose behalf you are undertaking such collection) and theCV.
- Impersonate any person or entity, including without limitation any representative of theCV; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Create a CV that purports to represent anyone that is not you. Examples of inappropriate and prohibited CVs include, but are not limited to, CVs that purport to represent an animal, place, inanimate object, fictional character or real individual that is not you.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services, without theCV’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without theCV’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without theCV’s express prior written consent.
Registration; User Names and Passwords
You will be required to register with theCV in order to access certain Services or areas of the Site. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined in Section 11 below). You agree to immediately notify theCV of any unauthorised use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
We and/or our third-party service provider(s) may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials. PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY, AS WELL AS THIS AGREEMENT. PLEASE REVIEW SECTIONS 8, 9 AND 10 BELOW FOR PARTICULAR TERMS THAT ARE APPLICABLE TO YOUR USE OF SUCH SERVICES. theCV is responsible to notify you which services are provided by third-party service providers.
Information on the Site
Information made available on the Site or through a third-party service (including on any CV) may be provided both by theCV and by third-party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a third-party service (including on any CV) that are inaccurate, misleading or deceptive. theCV neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a third-party service (including on any CV) by third parties, and theCV is not responsible for any information or materials made available through the Site or through a third-party service (including on any CV) or results obtained by using any such information or materials. Under no circumstances will theCV or its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site or through a third-party service (including on any CV) reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of theCV.
In addition, theCV has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Site or through a third-party service (including on any CV). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR THROUGH A THIRD-PARTY SERVICE (INCLUDING ON ANY CV), YOU DO SO AT YOUR OWN RISK.
Any semi-automatic data processing provided to you as part of theCV services (including but not limited to translation, formatting, rephrasing suggestions) is a subject to your revision and final approval. Due to absence of human supervision from Site's side for services advertised as semi or fully automatic, you are fuly responsible responsible for adoption of suggestions made by semi-automated services regarding your data (data may includes but not limited to your CV content). theCV is responsible for notifying you about semi-automatic nature of provided services.
For purposes of clarity, you retain ownership of any materials you submit through the Site or through a third-party service (including on any CV) (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you grant to theCV and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for theCV’s business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit on your CV, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such CV (for example, if you set your CV’s privacy setting to Exclusive or One-to-One [i.e., only available for viewing by individuals who you directly select], we will use commercially reasonable efforts to ensure that only those individuals have access to your CV).
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect theCV and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
We offer optional premium paid service such as the theCV Premium Plan. By purchasing a premium service, you agree to pay the fees associated with the product that you order. Payments will be charged when you register for the premium service and will include the premium service for the indicated period (monthly, quarterly, or annual).You agree to pay fees during your subscription period until you cancel automatic renewal of your subscription. Canceling your subscription before expiration date does not entitle you to a refund. You may set up automatic renew of your subscription at the end of each term for subsequent periods of the same length as the initial term by selecting relevant option in your Profile. theCV will not automatically renew your subscription or charge you any fees without your expressed approval.
You must provide us with accurate payment information is accurate and kept up to date. If the billing information provided expires, if you do not update your payment method you authorise us to charge your designated payment method for any amounts owed. You are responsible for any uncollected charges.
Descriptions and images of, and references to, products or services on the Site do not imply theCV’s endorsement of such products or services. theCV reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site, including any Services, are subject to change without notice. Refunds and exchanges will be subject to theCV’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Refund Policy. Since we offer a digital, content-based product, we cannot provide refunds once you has purchased one of our plans and that plan became active. You can cancel and get full refund for "Pending" plan (plan that was purchased but has not became active yet) only within 12 hours from the moment of a purchase. After 12 hours from the moment of purchase you may submit a written request for a refund for pending plan. Refund requests will be processed on a case by case basis. Transaction fee might apply.
theCV’s Proprietary Rights
The information and materials made available through the Site, including the Services, are and shall remain the property of theCV and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by theCV to access and use the Site, you may download and view one (1) copy of any materials available on the Site to which we provide you access, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices included on or with such materials. Except as expressly authorised herein or in advance by theCV in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
theCV, and its respective logos are trademarks and service marks of theCV. All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by theCV, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of theCV trade names, trademarks or service marks without our express prior written consent.
The Site may provide links to other web sites and online resources. Because theCV has no control over such sites and resources, you acknowledge and agree that theCV is not responsible for the availability of such external sites or resources, and theCV neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorisation. You acknowledge and agree that theCV does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
theCV shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.
Disclaimer of Warranties
THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. theCV DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND TITLE.
Limitations of Liability
theCV WILL NOT BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, theCV WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY theCV OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF theCV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO theCV TO ACCESS AND USE THE SITE AND SERVICES.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorised alterations to the Site. If you become aware of any unauthorised third-party alteration to the Site, contact us at info@theCV.me with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
You agree to defend, indemnify and hold harmless theCV and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
This Agreement is effective until terminated. theCV, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if theCV believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that theCV may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that theCV and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 2, 9, 12, 14 through 19 and 22 shall survive such termination.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and theCV. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and theCV relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and theCV relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, at theCV’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. theCV will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (kids.getnetwise.org) and OnGuard Online (onguardonline.gov). Please note that theCV does not endorse any of the products or services listed at such sites.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please write us. You may also emails usat email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send theCV a notice requesting that theCV remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send theCV a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov for details. Notices and counter-notices should be mailed to: DreamsNDeals LLC, 3137 Reflection dr, Naperville, IL 60564, USA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
If you have any questions regarding the meaning of application of this Agreement, please direct such questions to theCV. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
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