RESUME RAM TERMS OF USE

This website (the “Site”) is owned and operated by Resume Ram, which shall include its funders, successors, corporate parents, subsidiaries, affiliates, officers, directors, agents, developers, joint-venturers, advertisers, distributors and attorneys (the “Affiliated Entities”). These Terms of Use (the “Terms”) shall apply to any access and use, by you or any other person using your user account, of the Site and of any information, text, graphics, video, data or other materials created and/or provided by Resume Ram or otherwise appearing on the Site. Your use of the Site signifies your agreement to be bound by these Terms of Use and the Privacy Policy, which is incorporated into these Terms by reference.

These Terms limit Resume Ram’s liability and obligations to you, grant Resume Ram certain rights and allow Resume Ram to change, suspend or terminate your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.

YOU UNDERSTAND THAT BY USING ANY PORTION OF THIS SITE OR YOUR USER ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.


1. DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:


2. GRANT OF RIGHTS. Resume Ram grants you a limited, non-exclusive, non-assignable, non-transferable right and license to access, use and display the Site, solely as described in these Terms, provided that you comply fully with these Terms.

In the event that you access, customize or download Site content, such Site content is non-exclusively licensed to you by Resume Ram or by a Third Party Provider. Resume Ram does not transfer title to the Site content to you. You may own the medium to which your custom content is recorded, but Resume Ram and/or the Third Party Provider retain full and complete title to their respective content, and all IPR therein. You may not and agree not to redistribute, sell, decompile, reverse engineer, disassemble the Site content.


3. SITE CHANGES. Resume Ram may at any time and in its sole discretion, add, modify, or remove any feature, function or portion of the Site, the Terms, and/or the Privacy Policy, in whole or in part, with or without notice to you, prior or otherwise. Any changes to the Terms will be effective as of the posting date. Resume Ram will provide prominent notice on the Site of any major changes to the Terms and/or the Privacy Policy. Your continued use of the Site after Resume Ram posts any modifications to the Terms and/or Privacy Policy shall be deemed your explicit acceptance of those modifications and shall constitute your agreement to be the Terms, as modified.

4. INTELLECTUAL PROPERTY RIGHTS.


5. USER SUBMISSIONS. During your use of the Site, you may send, post, or otherwise transmit text, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) (collectively, the “Submissions”) to the Site, whether or not requested to do so by Resume Ram. You shall be deemed to have granted to Resume Ram a worldwide, perpetual, royalty-free, non-exclusive, transferrable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, reproduce and otherwise use or exploit the Submissions on the Site and in any other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise.

For the avoidance of doubt, by submitting your Submission you understand and agree that: (a) any Submissions may become publicly viewable on the Site or elsewhere; (b) Resume Ram has the right to publish your user name in connection with your Submissions, wherever applicable; (c) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide Resume Ram upon request with a copy of a written consent from the owner; and (d) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents.

Resume Ram shall have no obligation to pay you any compensation for your Submissions and with respect to Resume Ram’s use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide.  Resume Ram may, in its sole discretion, remove any Submissions at any time, with or without notice to you, prior or otherwise. You may request the removal of your Submissions for any reason on reasonable written notice to Resume Ram, on receipt of which Resume Ram will take commercially reasonable steps to comply.

Resume Ram does not and cannot review all Submissions and is not responsible for the content or substance thereof. However, Resume Ram reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable, provided that Resume Ram shall not be deemed the publisher of any Submission by virtue of its right to control said Submission. Any views and opinions expressed in a Submission reflect author’s point of view and are not necessarily those of Resume Ram or its Affiliated Entities.

6. SITE RULES AND GUIDELINES.

7. THIRD PARTY WEBSITES. Much of the information on the Site may be proprietary to Third Party Providers and licensed to Resume Ram. The Site may furthermore frame, and/or contain links to or advertisements about, non-Resume Ram websites (the “Linked Sites”). The Linked Sites may also reference, advertise, or link to the Sites. Notwithstanding the foregoing, Resume Ram does not itself endorse or sponsor the Linked Sites and is not responsible for the content of such sites. Resume Ram expressly disclaims any statements or assertions made on all non-Resume Ram websites, and denies all liability associated with your use of any Linked Site or its content. You are responsible for reviewing and abiding by the privacy statements and terms of use posted on such other websites. Your interactions with third parties (including, without limitation, advertisers) on the Linked Sites and your transactions, and any terms, conditions, warranties or representations associated with such transactions on the Linked Sites, are solely between you and the advertiser or other third party. Third party trademarks, trade names, product names and logos are the trademarks or registered trademarks of their respective owners.

8. AUTHORITY TO POST ON CAREER WEBSITES. Your use of this Site and the Resume Ram service constitutes your agreement to appoint Resume Ram to act on your behalf, as your agent solely for the purposes of creating user accounts and posting your resume and related information on career development websites (the “Career Sites”), pursuant to the terms of use and privacy policies and any other terms, conditions, rules and regulations governing the services provided by each of these sites. For this purpose, you authorize Resume Ram to agree and sign on your behalf that you have reviewed and agree to abide by these terms, conditions, rules and regulations.

You agree that Resume Ram may use commercially reasonable efforts repost your resume and related information in whatever format permitted by each of the Career Sites. Resume Ram may, whenever necessary and in its sole discretion, repost some of your information to the Career Sites by choosing the most accurate from the available choices on each Career Sites.

9. DISPUTES WITH OTHER USERS. If you have a dispute with one or more users, you release Resume Ram and its Affiliated Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

10. TERMINATION. You understand and agree that Resume Ram may, in its sole discretion and at any time, limit, suspend, or terminate your password, user account, or use of the Site, and discard and remove any and all Submissions submitted or posted by you to any part of the Site, for any reason. Resume Ram may also, in its sole discretion and at any time, discontinue the Site, in whole or in part, or limit or restrict any user access thereto, for any reason. Resume Ram also reserves the right, in its sole discretion and at any time, to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time. You understand and agree that Resume Ram may take any one or more of these actions without any notice to you, prior or otherwise. Should Resume Ram take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your user account, including your Registration Information and Submissions. You understand and agree that Resume Ram shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your user account.

11. INDEMNIFICATION. You agree to indemnify and hold Resume Ram and its Affiliated Entities harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of this Site, your Submissions, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.

12. DISCLAIMER. THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RESUME RAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. RESUME RAM DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. RESUME RAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RESUME RAM) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RESUME RAM AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Resume Ram is simply reposting information that you provide, without any ability or responsibility on the part of Resume Ram to verify this information. Resume Ram makes no warranties as to the accuracy of the information you provide. Resume Ram furthermore makes no warranties of any kind relating to: (1) the Career Sites or their availability; or (2) any customer's ability to procure employment as a result of their use of the Site.

13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL RESUME RAM AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE RESUME RAM TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, RESUME RAM AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF RESUME RAM AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO RESUME RAM, IF ANY, FOR ACCESSING AND USING THIS SITE.

14. INTERNATIONAL ACCESS. Resume Ram makes no representation that the Site content, including merchandise offered for sale on the Site, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by certain individuals or in certain countries. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

15. COPYRIGHT NOTICE. Resume Ram hereby states its intent to maintain any and all exemptions from liability that may be available under privacy and/or publicity law or copyright law. Resume Ram does not necessarily stipulate that it is a service provider as defined in the Digital Millennium Copyright Act or the Communications Decency Act or elsewhere in the law of the United States or any state or territory within the United States.

If you believe that any Submission or any Site content has been copied from any content in which you claim a copyright interest in a way that constitutes an infringement of your copyright interest, or you can identify yourself as the subject of any Content and wish the Content in which you are the subject to be removed from the Site, please forward the following information to the Complaint Agent named below:

16. OTHER