These Terms of Service ("Terms") cover your use of and access to the sites,
services, tools and features (collectively, the "Services") provided
by Job Letters (together with its officers, directors, employees, agents, subsidiaries
and affiliates, “Job Letters”). Our Privacy Policy explains what personal information we collect and how it’s
used and shared.
By using or accessing the Services, you're agreeing to these
Terms and our Privacy Policy (collectively, this “Agreement”). If you're
using the Services for an organization, you're agreeing to this Agreement on
behalf of that organization, and represent and warrant that you can do so. If
you don’t agree to all the terms in this Agreement, you may not use or access
the Services.
While we’re not your lawyers, we do want to say: Please read
this Agreement carefully! It includes important information about your legal
rights, and covers areas such as refunds, warranty disclaimers, limitations of
liability, resolution of disputes by arbitration and a class action waiver.
We’ve
tried to make this Agreement fair and straightforward, but feel free to contact
us if you have any questions or suggestions.
1. Creating an Account
1.1. Signing Up. To use the Services, you must first create an
account (“Account”). You agree to provide us with accurate, complete and
updated information for your Account. We may need to use this information to
contact you. You consent to receiving marketing messages from Job Letters and may opt out from receiving such messages by following the unsubscribe link in our messages, or as detailed in our terms.
1.2. Staying Safe. Please safeguard your Account and make sure
others don't have access to your Account or password. You must immediately
notify us of any actual or suspected loss, theft or unauthorized use of your
Account or password. You're solely responsible for any activity on your
Account. We’re not liable for any acts or omissions by you in connection with
your Account.
1.3. Eighteen And Older. By using the Services, you represent that
you're at least 18.
2. Your Content
2.1. Your User Content Stays Yours. Users of the Services may provide us with
content, including without limitation text, photos, images, audio, video, code
and any other materials (“User Content"). Your User Content stays yours.
These Terms don't give us any rights to User Content, except for the limited
rights that enable us to provide, improve, promote and protect the Services as
described herein.
2.3. Featuring Your Success. We may use in perpetuity, worldwide and free
of charge, any version of your review of our site for the limited purpose of Job
Letters marketing and promotional activities.
3. Your Responsibilities
3.1. Only Use Content You’re Allowed To
Use. You represent that you
own all rights to your User Content or otherwise have (and will continue to
have) all rights and permissions to legally use, share, display, transfer and
license your User Content via the Services. If we use your User Content in the ways
contemplated in this Agreement, you represent that such use will not infringe
or violate the rights of any third party, including without limitation any
copyrights, trademarks, privacy rights, publicity rights, contract rights or
any other intellectual property or proprietary rights. Content on the Services
may be protected by others' intellectual property or other rights, so please
don't copy, upload, download or share content unless you have the right to do
so.
3.3. Follow The Law. You represent that your use of the Services is
not contrary to law, including without limitation applicable US export
controls, regulations and sanctions.
3.5. Your Content and its Accuracy. Provide professional details about yourself
that document your own, true accomplishments. Job Letters takes no responsibility
for consequences that you may experience for providing us with false or
exaggerated information that we then as part of our service provide to legitimate
third parties such as recruiting agencies inline with our privacy policy.
5. Our Intellectual Property
5.1. Job Letters Owns Job Letters. The Services are protected by copyright,
trademark and other US and foreign laws. These Terms don't grant you any right,
title or interest in the Services, our trademarks, logos or other brand
features or intellectual property, or others’ content in the Services. You
agree not to change, translate or otherwise create derivative works of the
Services.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or
suggestions (“Feedback”), but you agree that we may use your Feedback without
any restriction or obligation to you, even after this Agreement is terminated.
5.5. We Use Open Source Software. Open source software is important to us. Some
of the software used in the Services may be offered under an open source
license that we may make available to you. There may be provisions in the open
source license that override some of these Terms.
6. Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may
exercise at any time and in our sole discretion, and without liability or
notice to you (except where prohibited by law): (a) we may change the Services
and their functionality; (b) we may restrict access to or use of parts or all
of the Services; (c) we may suspend or discontinue parts or all of the
Services; (d) we may terminate, suspend or restrict your access to or use of
parts or all of the Services; (e) we may terminate, suspend or restrict access
to your Account or Your Sites; and (f) we may change our eligibility criteria
to use the Services (and if such eligibility criteria changes are prohibited by
law where you live, we may revoke your right to use the Services in that
jurisdiction).
7. Privacy
Our Privacy Policy explains how we collect, use and share
your and your End Users’ information. By using the Services, you agree to our
collection, use and sharing of information as set forth there.
8. Copyright
We
respect the intellectual property of others and ask that you do too. We respond
to notices of alleged copyright infringement if they comply with the law, and
such notices should be reported.
9. Paid Services And Fees
9.1a. Fees. You can access the core portions of the Services by
submitting a one-time fee payment (such additional services, “Paid Services”).
For example, to review your professional profile, edit, write your CV or resume and
distribute your materials to relevant recruiters. Your Sites publicly, you’ll
need to pay a subscription fee. Our fees will appear on an invoice that we
provide via the Services, unless otherwise indicated.
9.1b. CV or Resume editing or writing services are provided in English only. Editing services provide up to two rounds of revisions and writing services provide three rounds of revisions. A "round" being defined as a set of changes requested of the Job Letters editor or writer.
9.2. Taxes. All fees are exclusive of applicable federal,
state, local or other taxes (“Taxes”). You're responsible for all applicable
Taxes, and we'll charge Taxes in addition to the fees for the Services when
required to do so. If you're exempt from Taxes, you must provide us with a
valid tax exemption certificate (we reserve the right to determine whether a
certificate is valid). Tax exemption will only apply from and after the date we
receive such certificate.
9.3. No guarantees of recruiter or employer interviews
or offers or other expressions of interest. We work to improve CV or resumes,
match you to relevant recruiters and distribute your materials to said
recruiters. What the recruiters or other third parties determine to do is not
in the control of Job Letters and take no responsibility for their decisions.
9.4. Refunds. While you may cancel any Paid Services
at any time, you won't be issued a refund except in our sole discretion, or if
legally required.
9.5. Fee Changes. We may change our fees at any time. When
applicable, we’ll give you advance notice of these fee changes via the
Services. New fees will not apply retroactively. If you don't agree with the
fee changes, you have the right to reject the change by cancelling the
applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card
company to decline, chargeback or otherwise reverse the charge of any payable
fees to us (“Chargeback”), we may automatically terminate your Account. If you
have questions about a payment made to us, we encourage you to contact us before
filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We use a third party payment processor (the
“Payment Processor”) to bill you through a payment account linked to your
Account. The processing of payments will be subject to the terms, conditions
and privacy policies of the Payment Processor, in addition to this
Agreement. Our current Payment
Processor is Stripe, and your payments are processed by Stripe in accordance
with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the
security or performance of the Payment Processor. You agree to pay us, through
the Payment Processor, all charges at the prices then in effect for any
purchase in accordance with the applicable payment terms. You agree to make
payment using the payment method you provide with your Account. We reserve the
right to correct, or to instruct our Payment Processor to correct, any errors
or mistakes, even if payment has already been requested or received.
9.8. Fees For Third Party Services. Third Party Services purchased via the
Services may be subject to different refund policies that those Third Party
Services determine, and they may be non-refundable. The purchase terms and
conditions for such Third Party Services will be displayed during the purchase
process, such as through a link to the purchase terms and conditions. It's your
responsibility to verify your ability to purchase, cancel or obtain a refund
for a Third Party Service. We don’t offer refunds for purchases of Third Party
Services.
12. Term And Termination
This
Agreement will remain in effect until terminated by either you or us. To
terminate this Agreement, you may contact us or simply stop using the
Services at any time. We reserve the right to suspend or terminate the Services
at any time at our sole discretion and without notice. All sections of this
Agreement that by their nature should survive termination shall survive
termination, including without limitation Your Content, Our Intellectual
Property, Warranty Disclaimers, Limitation Of Liability, Indemnification,
Dispute Resolution and Additional Terms.
13. Warranty Disclaimers
To the fullest extent permitted by law, Job Letters makes no
warranties, either express or implied, about the Services. The Services are
provided “as is.” Job Letters also disclaims any warranties of merchantability,
fitness for a particular purpose and non-infringement. No advice or
information, whether oral or written, obtained by you from Job Letters shall
create any warranty. Job Letters makes no warranty that the Services will: (a) be
timely, error-free; (b) meet your requirements or expectations; or (c) provide
you with the potential for employment.
14. Limitation Of Liability
To the fullest extent permitted by law, in no event will Job
Letters be liable with respect to any claims arising out of or related to the
Services or this Agreement for: (a) any indirect, special, incidental, exemplary,
punitive or consequential damages; (b) any loss of profits, revenue, data,
goodwill or other intangible losses; (c) any damages related to your access to,
use of or inability to access or use the Services or any portion thereof,
including without limitation interruption of use or cessation or modification
of any aspect of the Services; (d) any damages related to loss or corruption of
any content or data, including without limitation User Content and eCommerce
data; (e) any User Content or other conduct or content of any user or third
party using the Services, including without limitation defamatory, offensive or
unlawful conduct or content; or (f) any Third Party Services or third party
sites accessed via the Services. These limitations apply to any theory of
liability, whether based on warranty, contract, tort, negligence, strict
liability or any other legal theory, whether or not Job Letters has been informed
of the possibility of such damage, and even if a remedy set forth herein is
found to have failed its essential purpose. To the fullest extent permitted by
law, in no event shall the aggregate liability of Job Letters for all claims
arising out of or related to the Services and this Agreement exceed the greater
of twenty dollars ($20) or the amounts paid by you to Job Letters in the twelve
(12) months immediately preceding the event that gave rise to such claim.
15. Indemnification
To
the fullest extent permitted by law, you agree to indemnify and hold harmless Job
Letters from and against all damages, losses and expenses of any kind (including
without limitation reasonable attorneys' fees and costs) arising out of or
related to: (a) your breach of this Agreement; (b) your User Content; (c) your
violation of any law or regulation or the rights of any third party.
16. Dispute Resolution
16.1. Informal Resolution. Before filing a claim against Job Letters,
you agree to try to resolve the dispute by first emailing support@jobnexus.com with a description of your claim. We'll
try to resolve the dispute informally by following up via email, phone or other
methods. If we can’t resolve the dispute within thirty (30) days of our receipt
of your first email, you or Job Letters may then bring a formal proceeding.
16.2. Arbitration Agreement. You and Job Letters
agree to resolve any claims arising from or relating to the Services or this
Agreement through final and binding arbitration and you and Job Letters expressly
waive trial by jury, except as set forth below. Discovery and rights to appeal
in arbitration are generally more limited than in a lawsuit, and other rights
that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an
arbitration award is limited.
16.3. Arbitration Opt-Out. You can decline
this agreement to arbitrate by emailing us at support@JobNexus.com within thirty
(30) days of the date that you first agree to this Agreement (“Opt-Out
Period”). Your email must be sent from the email address you use for your
Account, and must include your full name, residential address and a clear
statement that you want to opt out of arbitration. If you opt out of
arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and
16.6 of these Terms do not apply to you. This opt-out doesn’t affect any other
sections of the Terms, including without limitation Sections 16.8 (Judicial
Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2
(Controlling Law).
16.4. Arbitration Time For Filing. Any arbitration must be commenced by filing a
demand for arbitration within one year after the date the party asserting the
claim first knows or reasonably should know of the act, omission or default
giving rise to the claim. If applicable law prohibits a one year limitation
period for asserting claims, any claim must be asserted within the shortest
time period permitted by applicable law.
16.5. Arbitration Procedures. JAMS, Inc. (“JAMS”) will administer the
arbitration in accordance with the JAMS Streamlined Arbitration Rules &
Procedures (“JAMS Rules”)
in effect at the time of the dispute. You and Job Letters agree that this
Agreement affects interstate commerce, so the US Federal Arbitration Act and
federal arbitration law apply and govern the interpretation and enforcement of
these provisions (despite the choice of law provision below). Any arbitration
hearings will take place at a location to be agreed upon in Florida, in
English, and shall be settled by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract disputes,
who shall be selected from the appropriate list of JAMS arbitrators in
accordance with the JAMS Rules. The arbitrator must follow this Agreement and
can award the same damages and relief as a court (including without limitation
reasonable attorneys' fees and costs), except that the arbitrator may not award
declaratory or injunctive relief benefiting anyone but the parties to the
arbitration. Judgment upon the award rendered by such arbitrator may be entered
in any court of competent jurisdiction.
16.6. Arbitration Fees. The JAMS Rules will govern payment of
all arbitration fees. We won’t seek our attorneys’ fees and costs in
arbitration unless the arbitrator determines that your claim is frivolous.
16.7. Exceptions To Arbitration Agreement. Either you or Job Letters may assert
claims, if they qualify, in small claims court. Either you or Job Letters may
bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse
of the Services, or intellectual property infringement or misappropriation (for
example, trademark, trade secret, copyright or patent rights) without first
engaging in arbitration or the informal dispute resolution process described
above.
16.8. Judicial Forum For Disputes; Time For
Filing. If our agreement to
arbitrate is found not to apply to you or your claim, or if you opt out of
arbitration pursuant to Section 16.3, you and Job Letters agree that any judicial
proceeding (other than small claims actions) must be brought exclusively in the
federal or state courts of Florida and you and Job Letters consent to venue and
personal jurisdiction in those courts. Any claim not subject to arbitration
must be commenced within one year after the date the party asserting the claim
first knows or reasonably should know of the act, omission or default giving
rise to the claim. If applicable law prohibits a one year limitation period for
asserting claims, any claim must be asserted within the shortest time period
permitted by applicable law.
16.9. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in a class,
consolidated or representative action. Class actions, class arbitrations,
private attorney general actions and consolidation with other arbitrations
aren't allowed.
17. Additional Terms
17.1. Entire Agreement. This Agreement constitutes the entire
agreement between you and Job Letters regarding the subject matter of this
Agreement, and supersedes and replaces any other prior or contemporaneous
agreements, or terms and conditions applicable to the subject matter of this
Agreement. This Agreement creates no third party beneficiary rights.
17.2. Controlling Law. This Agreement and the Services shall be
governed in all respects by the laws of the State of Florida, without regard to
its conflict of law provisions.
17.3. Waiver, Severability And Assignment. Our failure to enforce any provision of
this Agreement is not a waiver of our right to do so later. If any provision of
this Agreement is found unenforceable, the remaining provisions will remain in
full effect and an enforceable term will be substituted reflecting our intent
as closely as possible. You may not assign any of your rights under this
Agreement, and any such attempt will be void. We may assign our rights under
this Agreement to any of our affiliates or subsidiaries, or to any successor in
interest of any business associated with the Services.
17.4. Modifications. We may modify this
Agreement from time to time, and will always post the most current version on
our site. If a modification meaningfully reduces your rights, we’ll notify you
(by, for example, sending you an email or displaying a prominent notice within
the Services). The notice will designate a reasonable period after which the
new terms will take effect. Modifications will never apply retroactively. By
continuing to use or access the Services after any modifications come into
effect, you agree to be bound by the modified Agreement. If you disagree with
our changes, then you should stop using the Services.
17.5. Translation. This Agreement was originally written in
English (US). We may translate this Agreement into other languages. In the
event of a conflict between a translated version and the English version, the
English version will control.
COOKIE POLICY
This
Cookie Policy describes how Job Letters uses cookies and similar technologies to
provide, improve, promote and protect the Services. Note that any capitalized
terms not defined in this Cookie Policy have the meanings set forth in our
Terms of Service.
Cookies. Cookies are small pieces of text sent to your
browser when you visit a site. They serve a variety of functions, like enabling
us to remember certain information you provide to us as you navigate between
pages on the Services. We use cookies for the following purposes:
Authentication,
Personalization And Security. Cookies help us verify your Account and device and
determine when you’re logged in, so we can make it easier for you to
access the Services and provide the appropriate experiences and features.
We also use cookies to help prevent fraudulent use of login credentials.
Performance And
Analytics. Cookies help us analyze how the Services are being
accessed and used, and enable us to track performance of the Services. For
example, we use cookies to determine if you viewed a page or opened an
email. This helps us provide you with information that you find
interesting. We also use cookies to provide insights regarding your End
Users and Your Sites’ performance, such as page views, conversion rates,
device information, visitor IP addresses and referral sites.
Third Parties. Third Party
Services may use cookies to help you sign into their services from our
Services. We also may use third party cookies, such as Google Analytics, to assist with analyzing performance. Any third party
cookie usage is governed by the privacy policy of the third party placing
the cookie.
Job Letters Ads. We partner
with third party publishers, advertising networks and service providers to
manage our ads on other sites. Our third party partners may set cookies on
your device or browser to gather information about your activities on the
Services and other sites you visit, in order to provide you with Job Letters
ads. For example, if you visit Job Letters and also use a social media
platform, you may see a Job Letters ad in your social media newsfeed or
timeline.
Opting Out. You can set
your browser to not accept cookies, but this may limit your ability to use
the Services. We currently don’t respond to DNT:1 signals from browsers
visiting our Services. You can also opt out of receiving interest-based
ads from certain ad networks here (or
if located in the European Union, here).
Pixels. A pixel tag, or pixel, is a small piece of
code that can be embedded on websites and emails. We use pixels to learn how
you interact with our site pages and emails, and this information helps us and
our ad partners provide you with a more tailored experience. For example, if
you visit a Job Letters page related to music, a pixel will help us show you an
ad for that page when you later visit a music news site.
Device Identifiers. We use device identifiers to track, analyze and improve
the performance of the Services and our ads.
We may modify this Cookie Policy from time to time, and will
post the most current version on our site. If a modification meaningfully
reduces your rights, we'll notify you in accordance with the procedures set
forth in our Terms of Service.