USER AGREEMENT

(1) Acceptance of The Agreement

By using this Site, you will be deemed to have irrevocably agreed to the Agreement. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace the Agreement regarding use of this Site, unless otherwise expressly stated. If you do not agree to the Agreement, including the Privacy Policy incorporated herein, please do not use this Site.

(2) Resume posting services

CVHelp’s resume posting services facilitate the posting of your resume or a career profile on various third party career sites. You agree that CVHelp will use proprietary web based information gathering tools to create a career profile for you if you sign up for CVHelp’s resume posting services. You further agree that the wording and interpretation of your information for purposes of resume posting services will be in CVHelp’s sole discretion and CVHelp will not be able for any decisions to include, not include or phrase information about you as part of the resume posting services. With your consent, CVHelp will also be accepting terms of use and privacy policies and other policies that it might be prompted to accept on third party career sites prior to posting of your career profile or resume. You may check the third-party sites where we may post your information to see their terms of use and privacy policies. With your consent, by using our Resume Posting Services you’re accepting full and total responsibility for the actions CVHelp performs on your behalf and at your request as if you had performed those actions yourself. You further acknowledge and agree that, based upon explicit consent you provide for the service on the Site, you will take full responsibility and are personally liable for any consequences arising from your use of the Resume Posting Services.

(3) Your use of Material

Your right to make use of this Site and any Material (as defined in Section 9 of the Agreement) or other content appearing on it is subject to your compliance with the Agreement. Modification or use of the Material or any other content on this Site for any purpose not permitted by the Agreement may be a violation of the Copyrights and/or Trademarks protected by law and this Agreement and is prohibited. You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed or used in any way unless specifically authorized by CVHelp. Any authorization to copy or download Material granted by CVHelp in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. When you make use of CVHelp’s automatic tools, it will give you some options which have been automatically prompted from an analysis of your User Content (as described below). In this regard, you understand that the qualification for a job offer will be finally determined by the hiring authority (“Employer”) based on the knowledge and experience required for that particular job and not based on our recommendations or the successful use of the CVHelp tools. Our tools do not provide any type of guarantee that you will receive communications from Employer or a job offer.

(4) Our use of content

CVHelp will consider anything you provide to CVHelp and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Submissions), in which event those Additional Terms may determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

(5) User Content

Subject to Section 9 of this Agreement and to the extent permissible under applicable law, your Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials or any other information you provide on or through the Site may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop products, make connections with potential employers, personalize site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including personal information and resume information and/or providing any communication or material to CVHelp (“User Content”), you automatically and irrevocably:

1. Retain ownership of your User Content, and grant and assign to CVHelp and any employer to which your User Content is provided a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by CVHelp and/or by any person authorized by CVHelp, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
2. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
3. Appoint CVHelp as your agent with full power to enter into any document and/or do any act CVHelp may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
4. Warrant that you are the owner of the User Content and entitled to enter into the Agreement and that the User Content does not infringe the proprietary or privacy rights of any third party; and
5. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that CVHelp shall not be liable for any use or disclosure of such User Content.
6. As part of our services you will be able to delete some of your User Content or deactivate your Account by logging in to your Account and clicking on My settings. Nonetheless, you agree and understand that some of the User Content that we may create for you may not be able to be deleted once uploaded to the extent permitted by applicable law. You further understand that CVHelp may keep and use data in various ways as outlined in these Terms and in the Privacy Policy. CVHelp has no obligation to maintain any Account you open and may delete it if you violate these Terms as determined in CVHelp’s sole and absolute discretion.
7. When you deactivate your Account or ask that we delete your User Content we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties within the Site but which might be used for recordkeeping and internal legitimate business purposes.
8. CVHelp takes no responsibility for any material created or accessible on or through the Site and will not exercise any editorial control over such material. CVHelp is not obligated to monitor such material, but reserves the right to do so. CVHelp does not endorse any User Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and CVHelp expressly disclaims any and all liability in connection with User Content. CVHelp does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and CVHelp will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights. CVHelp reserves the right to remove User Content without prior notice.
9. You acknowledge that CVHelp has no obligation to pre-screen User Content, although CVHelp reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation videos, comments, any chat, text, or voice communications that may be facilitated through the Site. In the event that CVHelp pre-screens, refuses or removes any User Content, you acknowledge that CVHelp will do so for CVHelp’s benefit, not yours. CVHelp may provide you with tools to flag User Content, however, CVHelp makes no promises or representations regarding removal of flagged User Content.

(6) Content limitations

We at CVHelp require that you do not post resumes, cover letters, send e-mails or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:

1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
2. disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
3. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
5. violates any law or may be considered to violate any law;
6. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
7. advocates or promotes illegal activity;
8. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
9. solicits funds, advertisers or sponsors;
10. includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
11. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
12. copies any other pages or images on this Site except with appropriate authority;
13. includes MP3 format files;
14. amounts to a ‘pyramid’ or similar scheme;
15. amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
16. disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
17. contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Merchant anywhere on this Site (e.g., on any web space made available for your use).

(7) Access through Social Networking Sites (“SNS”).

You may link your Account with a Third-Party Account if you access the Site through a SNS, which will allow access to CVHelp. By linking your Account, you also:

• Represent that you are entitled to disclose your Third-Party Account login information to CVHelp and/or grant CVHelp access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern and without obligating CVHelp to pay any fees or making CVHelp subject to any usage limitations imposed by such third-party service CVHelps.
• Understand that CVHelp may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the CVHelp internet properties that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the CVHelp internet properties via your Account.
• Unless otherwise specified in the Terms, all SNS Content shall be considered to be your User Content (as defined in Section 5) for all purposes of these Terms.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, information that you post to your Third-Party Accounts may be available on and through your Account on the CVHelp internet properties. Make sure to always update your information since, if a Third-Party Account or associated service becomes unavailable or CVHelp’s access to such Third-Party Account is terminated by the third-party service CVHelp, then SNS Content will no longer be available on and through the CVHelp internet properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. CVHelp makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and CVHelp is not responsible for any SNS Content. THE AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE SITES ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) THEM, AND CVHELP DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE SITES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

(8) Job seekers’ accounts

When you create an Account or provide career information to CVHelp on or through the Site (including via forms available on the Site or by uploading a resume) you agree that you are solely responsible for the accuracy of your User Content. You understand and agree that CVHelp may offer information that is of most interest to you. You acknowledge that you have no ownership rights in your Account or an email Account you might register with us. If you request that your information be deleted, it will no longer be publicly available and to the extent permissible by law, we will take all reasonable steps to delete it. CVHelp has no obligation to maintain any Account you open and may delete it if you violate the Agreement as determined in CVHelp’s sole and absolute discretion. With your consent, CVHelp may review emails in any email Account you establish with CVHelp, in its sole discretion, and you have no reasonable expectation of privacy in same.

(9) Claims of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at CVHelp want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

1. your name, address, telephone number and email address;
2. a description of the copyrighted work that you claim has been infringed;
3. the exact URL or a description of each place where alleged infringing material is located;
4. a statement by you that you have a good-faith belief that the disputed use has not been authorised by you, your agent or the law;
5. your electronic or physical signature, or the electronic or physical signature of the person authorised to act on your behalf; and
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Attention:

Make sure that your notice includes the following information:

• Your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• A statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• A statement that the information in the written notice is accurate; and
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern. We will notify you that we have removed or disabled access to copyright-protected material. If you believe the material was removed or disabled by mistake you may provide our agent with a written counter-notification pursuant to 17 U.S. Code §512 (g)(3). We reserve the right, in our sole discretion, to terminate the Account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications. CVHelp seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in U.S.C. section 512(c) or elsewhere.

(10) Trademarks and Copyrights

CVHelp respects the intellectual property rights of others and asks users of this Site to do the same. This Site and materials incorporated by CVHelp on this Site including data files, program files, software, codes and other materials that are made available to download from this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by CVHelp on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by CVHelp or others (“Trademarks”). The use or misuse of the Copyrights or Trademarks, except as permitted herein, is expressly prohibited, nothing stated or implied on the Site confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of CVHelp or any third party.

(11) Correct information provided

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If CVHelp believe the details are incorrect, not current, or incomplete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your Account.

(12) Legal capacity

This Site is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). CVHelp is not for use by anyone under the age of 13. However, if local laws provide for an alternative minimum age for CVHelp to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. We do not knowingly collect personal information via our websites, applications, services, or tools from users under the age of 13 or the age of majority in your jurisdiction.

(13) Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).

(14) Disclaimer of Warranties

THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, CVHELP AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CVHELP (“CVHELP GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF CVHELP ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CVHELP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CVHELP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CVHELP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CVHELP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES OR CONDITIONS TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE ACCESSING THIS SITE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.

(15) Limitation of liability

CVHELP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF CVHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF CVHELP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IN NO EVENT WILL CVHELP’S GROUP AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO CVHELP GROUP IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(16) Indemnity

You agree to indemnify and hold harmless CVHelp and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of the Agreement, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto CVHelp servers, and/or from any and all use of your Account.

(17) Release

If you have a dispute with one or more users (including CVHelps), you release CVHelp (and our and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

(18) Reservation of Rights.

CVHelp reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

(19) Updates to the Agreement

Please note that this Agreement may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of the Agreement through our posting of updated terms of the Agreement on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions. Some elements of CVHelp may only be offered in the desktop version of the Site and may not be, for example, available in the mobile version. We also reserve the right to discontinue the use of the Site or any component of it, at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the use of the Site. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and CVHelp relating to the matters contained here and the Site.

(20) Responsible use of the Site

CVHelp job posting applications and resume submission features are part of the services and may be used only by individuals seeking employment and/or career information. In addition, CVHelp Sites may be used by individuals for permitted professional and career purposes as outlined in the Agreement and the Privacy Policy. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not CVHelp, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.

(21) Binding Arbitration of All Disputes; No Class Relief; Notice to California Residents

(a) US residents:

To the fullest extent permissible by law, with the exception of disputes pertaining to CVHelp intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and CVHelp arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 20(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 20(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to CVHelp. For any claim in which you seek US$10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, CVHelp shall pay the costs and fees of JAMS and the arbitrator. CVHelp agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-Us Residents

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to CVHelp or this Agreement, then you and we agree to send a written notice to the other providing a reasonable description of the Section 20(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 20(b). Your notice to us must be sent to us at foreigndispute@hiringproducts.com. For a period of sixty (60) days from the date of receipt of notice from the other party, CVHelp and you will engage in a dialogue in order to attempt to resolve the Section 20(b) Dispute, though nothing will require either you or CVHelp to resolve the Section 20(b) Dispute on terms either you or CVHelp, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursing their claims in court or another complaint process.

(c) Notice to California Residents

Pursuant to Section 1789.3 of the California Civil Code, California residents are entitled to the following consumer rights notice: This Site is operated by Hiring Products Ltd. If you have a question or complaint regarding the Site, please contact Customer Service at support@hiringproducts.com. You may also contact us by writing us at Hiring Products Ltd., 2nd Floor Innovation House, 46 Reid Street, Hamilton HM 12, Bermuda. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.

(22) Security and violation of security systems

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). CVHelp shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that CVHelp considers insecure, CVHelp will be entitled to require this to be changed and/or terminate your Account. You agree to only register yourself or any other person or entity which you are legally authorized to represent and authorized to bind such person, group or entity to these Terms. If a third-party claims that a username violates their rights, CVHelp may remove or reclaim any username. When you register another person, group or entity you represent that you are authorized to do so. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CVHelp reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

(23) Investigations

CVHelp reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. CVHelp may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. CVHelp may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If CVHelp believes, in its sole discretion, that a violation of this Agreement has occurred, it may remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. CVHelp will fully cooperate with any law enforcement authorities or court order requesting or directing CVHelp to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF CVHELP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF CVHELP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF CVHELP OR LAW ENFORCEMENT AUTHORITIES.

(24) System Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

(25) Jurisdictional Issues

The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.

(26) Choice of law

With the exception of Section 21(a) which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, the governing law will depend on where your payment was processed. If your payment was processed by Merchant’s affiliate IntroBlast LLC the laws of the State of New York, USA will govern. If your payment was processed by RBK Global, gmbh the laws of Switzerland will apply.

(27) Local regulations

CVHelp makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. We have appointed a Data Protection Officer. You can contact him by sending an email to legal@hiringproducts.com

(28) Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

• Payments:

  • Once you make a purchase of any of the services that CVHelp has available either on a one-time or in a subscription basis, you are also agreeing that CVHelp’s third-party vendors store your payment information.
  • You agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

• Payment methods and continued obligation to pay:

  CVHelp does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your Account or the applicable service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period until you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

• Foreign Exchange Fees:

  Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. If you are located in the US, your transaction will be processed by Merchant’s affiliate IntroBlast LLC. If you are located outside of the US, your transaction will be processed directly by RBK Global, gmbh. Your transaction may also be subject to foreign currency exchange fees assessed by your bank or card issuer. CVHelp is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer.

• Change of prices:

  CVHelp has the discretion to alter prices for services at any time, subject to the notification terms specified in Section 19.

• Automatic billing:

  You can sign up for automatic billing or recurring billing for some services offered on the Site. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site. If you sign up for automatic or recurring billing, you will be notified of the billing terms and how to stop recurring billing. By signing up for CVHelp services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site.

• Cancellation:

  You may cancel or suspend your Account and any subscription services you may have at any time by going to the home page under My Accounts and My settings. CVHelp does not guarantee refunds. You will receive an email confirming any cancellation request. If you do not receive this email, please contact our customer service agent.

(30) Third-party sites

This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. These other sites are not under the control of CVHelp, and you acknowledge that (whether or not such sites are affiliated in any way with CVHelp). CVHelp is not responsible for the accuracy of job postings or candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by CVHelp or any association with its operators. CVHelp does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.

(31) Online Privacy Policy

To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used in this site. Click here to show this notice, which forms part of these Terms

(32) Invited Submissions and Testimonials

From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then the Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site. Also, you may see and submit testimonials and opinions (“Testimonials”) that are written by users or persons that have worked directly or indirectly for us (“Workers”). These are only based on their opinions and real-life experiences and may not necessarily be representative of all users. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results and/or experience may vary. The Testimonials on CVHelp are reviewed by us before being posted since they are submitted in various forms such as text, audio and/or video, but we will only correct grammar or typing errors. In some cases, there are Testimonials that have to be shortened for the sake of brevity where the full Testimonial contained information not relevant to the general public. Also, there are some photos that are added next to Testimonials that may not always represent the person giving the Testimonial. We may not be affiliated with users who provide Testimonials. No compensation in cash or any other matter is given to users unless the Testimonial is part of an incentivized Invited Submission.

(33) Electronic Communications

The communications between you and CVHelp may be made through electronic means, such as email. You hereby consent to receive communications from CVHelp in an electronic form; and agree that all communications received satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

(34) How to contact us

This Site is controlled and operated by RBK Global GmbH and Hiring Products Limited. Please forward any comments or complaints about the Site to support@hiringproducts.com. Please forward any questions regarding legal matters to legal@hiringproducts.com or write to RBK Global GmbH, General-Guisan-Strasse 6, 6300 Zug, Switzerland. Copyright (c) 2021, Hiring Products Limited, All rights reserved.