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Résuméfit provides its services to you subject to the following Terms and Conditions of Use.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE RÉSUMÉFIT WEB SITE OR ANY OF THE ASSOCIATED OR INCLUDED SERVICES (which collectively constitute the "Site"). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. RÉSUMÉFIT RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT TO THE SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AS YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Section 1. User Conduct.

1. Specific Prohibited Uses. THE SITE MAY BE USED ONLY FOR LAWFUL PURPOSES BY INDIVIDUALS WHO MAY FORM LEGALLY BINDING CONTRACTS. THIS SITE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF EIGHTEEN (18). IF YOU DO NOT MEET THE FOREGOING REQUIREMENTS, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY OF THE SERVICES ON OR THROUGH THE SITE. Through use of this Site you agree that you may not sell or modify the materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. As a condition of your use of the Site, you agree that you will not use the Site for any purpose or in any manner that is prohibited by these terms and conditions.

Résuméfit specifically prohibits any use of this Site, and the information contained within this Site, for any of the following:

(i) Transmitting any message, information, data, text, software or images, or other material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable, illegal or that may invade another's right of privacy or publicity;

(ii) "Stalking" any party;

(iii) Posting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which, by way of example, requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;

(iv) Deleting or altering any material posted by any other person or community;

(v) Violating any applicable local, state, national, or international law including laws governing export control; and

(vi) Transmitting any message, information, data, text, software or images, or other materials that will infringe the copyright, trademark, trade secret or other intellectual property or property rights of others.

(vii) Attempting to violate the security of Résuméfit, including, without limitation:

(a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; or

(d) sending unsolicited e-mail, including promotions or advertising of products or services; or

(e) using any robot, spider, agent or other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Résuméfit site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Violation(s) of the above-mentioned System or network security may result in civil or criminal liability. Résuméfit will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Further, Résuméfit reserves the right, at its sole discretion, to deny service to any User while investigation of violations are in progress.

2. Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site or any of Résuméfit's systems. Violations of system or network security may result in civil or criminal liability. Résuméfit will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

3. Violation of Terms. You understand and agree that Résuméfit may, in its sole discretion, terminate your access to the Site without prior notice if Résuméfit believes that any usage has violated or is inconsistent with the terms and conditions herein or with the intention behind them, or that you have violated the rights of Résuméfit, another User of the Site or the law. If you believe materials have been copied in a way that constitutes copyright infringement, please send an e-mail to Résuméfit's designated agent for notices of infringement at security@resumefit.com. Résuméfit may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

4. Additional Terms. Résuméfit may establish, from time to time, additional or updated terms and conditions, rules, and/or policies applicable to the Site or any part of the Site. All such terms and conditions, rules and policies are incorporated into these Terms and Conditions by this reference.

Section 2. Modification or Termination of the Site.

Résuméfit shall have the right to terminate this Site and to discontinue, suspend or modify this Site, or any of the information contained in any of the services provided via this Site, at any time, with or without notice, at its sole discretion. You agree that Résuméfit shall not be liable to you or to any third party for doing so. In addition, Résuméfit may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time.

Section 3. Use of Materials.

1. Copyright. All content, graphics, audio, video, software, and other materials available via the Site, and the compilation of such materials (including by way of example, postings and collections of links to other Internet resources, and the descriptions of those resources that are contained within or made available via the Site) (collectively, the foregoing constitute the "Materials") are the property of Résuméfit and/or its suppliers and licensors, and are protected by U.S. copyright and other intellectual property laws and international treaties, and may not be copied without the express permission of Résuméfit.

Unauthorized use of the Site or the Materials may violate copyright, trademark, and other intellectual property laws and/or proprietary rights laws, and may subject you to criminal and/or civil liability. The Site (including the Materials) is available for informational and noncommercial uses only. Re-use or re-sale of the Site (or any part thereof) for any purpose is strictly prohibited.

Do not copy or adapt the HTML or other code or software that Résuméfit uses to generate pages. Such materials are also covered by Résuméfit's copyrights and any other intellectual property rights. THE USE OF PRODUCTS TO DOWNLOAD ANY OF THESE PAGES INFRINGES ON RÉSUMÉFIT'S COPYRIGHT.

2. Service Marks. "Résuméfit" and "Resumefit.com" are service marks of Résuméfit. All other product and service marks contained herein are the service marks or trademarks of their respective owners. The "look" and "feel" of the Site are also Résuméfit's trademarks and property materials. This includes Résuméfit's color combinations, button shapes, layout, and all other graphical and navigational elements.

Section 4. Registration and Password.

If you register with the Site, you are responsible for maintaining the confidentiality and security of your information and all password(s). You shall be responsible for all uses of your registration and any associated account, whether or not authorized by you. You agree to immediately notify Résuméfit of any unauthorized use of your registration, account or password.

Section 5. User Information.

When you register for the Site, you will be asked to provide Résuméfit with certain information including, without limitation, a valid email address (your "Information"). You agree that you will, on an ongoing basis, ensure that your Information remains complete, current and accurate, and that you will promptly notify Résuméfit of any changes to your Information. The terms of our privacy policy are hereby incorporated into this Agreement by this reference and may be reviewed online at Privacy Statement.

Section 6. Disclaimers.

The Site and the Materials contained herein may contain inaccuracies or typographical or other errors. Résuméfit makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or any of the Materials contained in the Résuméfit database. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Site.

Résuméfit is not and shall not be considered an employer with respect to your use of the Site and Résuméfit shall not be responsible for any employment decisions. Résuméfit is merely providing a venue and a conduit for your convenience to facilitate your interactions with prospective employees and employers and Résuméfit is not an employer, agent or otherwise involved in the interaction between prospective employees and employers or the employment process between parties using this Site.

Nothing contained in or available via the Site shall constitute an affiliation, sponsorship, or endorsement by Résuméfit of any of the prospective employees or Users of the Site, or of the respective products and services they may buy, sell or otherwise provide.

THE SITE, INCLUDING ALL ASSOCIATED SERVICES AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RÉSUMÉFIT, TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR TITLE OR NONINFRINGEMENT. RÉSUMÉFIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, INCLUDING ANY MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, OR THAT THE SITE (OR ANY PART THEREOF) WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, RÉSUMÉFIT DOES NOT WARRANT THAT THE SITE (OR ANY PART THEREOF) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING OR USING THE SITE (OR ANY PART THEREOF) FROM JURISDICTIONS WHERE ACCESS OR USE IS ILLEGAL IS EXPRESSLY PROHIBITED.

Section 7. Limitations of Liability.

UNLESS OTHERWISE AGREED UPON BY BOTH PARTIES IN WRITING, IN NO EVENT SHALL RÉSUMÉFIT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THE SITE (OR ANY PART THEREOF), OR FOR ANY MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND/OR LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, (iii) THE INTERNET GENERALLY OR ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF RÉSUMÉFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RÉSUMÉFIT'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED WITH A MAXIMUM DAMAGE AMOUNT BEING ONE-THOUSAND DOLLARS ($1,000.00).

THE FOREGOING LIMITATIONS APPLY TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO, THOSE RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE, (ii) ANY TRANSACTIONS VIA THE SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED VIA THE SITE, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE.

Section 8. Links to Other Sites.

The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Résuméfit of the contents on such third-party websites. Résuméfit is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. Résuméfit is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to, or reliance on such information.

Section 9. Indemnity.

You agree to defend, indemnify, and hold harmless Résuméfit, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Site (or any part thereof) or your violation of the terms and conditions herein. Résuméfit shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 10. Dispute Resolution.

Any controversy or claim arising out of or relating to this Agreement or its breach, or otherwise relating to the Site (with the exception of injunctive relief sought by Résuméfit for any violation of Résuméfit's or Résuméfit's licensors and suppliers' proprietary rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be experts in the human resources, cognitive science, and computer/information technology fields. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Charlotte, North Carolina, U.S.A.

Section 11. Miscellaneous.

You agree that no joint venture, partnership, franchisor-franchisee, employer-employee, or agency relationship exists or is created between you and Résuméfit (or any of Résuméfit members or subscribers) as a result of this agreement or your use of this Site. Résuméfit's performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish Résuméfit's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Résuméfit with respect to such use. These terms represent a binding agreement between Résuméfit and you, and our respective successors and assigns. A printed version of the terms and conditions set forth herein 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. These terms shall be governed by the laws of the State of North Carolina and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and subject to the dispute resolution procedures set forth in Section 10, above, venue for any action or dispute in the state and federal courts located in Charlotte, North Carolina, U.S.A. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, Résuméfit will be entitled to equitable relief upon a breach of them by you. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. All rights not expressly granted herein are hereby reserved by Résuméfit.

Section 12. Acceptance of Terms.

BY BECOMING A RÉSUMÉFIT USER, THE INDIVIDUAL WHO IS REGISTERING AGREES TO BE BOUND BY THE RÉSUMÉFIT TERMS OF SERVICE. IF SUCH INDIVIDUAL OR GROUP DOES NOT AGREE TO THESE TERMS OF SERVICE, IT CANNOT REGISTER TO BECOME A USER. Résuméfit reserves the right, at our discretion, to change, modify, add, or remove portions of any of the Terms periodically for changes. When using the Site, after we post changes to the Terms, User accepts the changed Terms.

Dated January 3, 2006