OptimalResume.com, Inc. (“OptimalResume”, “ThinkOptimal”, “we”, “our”
“us” and terms of similar meaning) provide the Services subject to these terms and conditions of use (this “Agreement”).
Throughout this Agreement, we will refer to the services, whether provided through one or more of our websites, including without limitation, the optimalresume.com website, the myoptimalcareer.com website, the thinkoptimal.com website and interviewup.com website (each a “Site”, and collectively the “Sites”), or provided through third party websites that have integrated the OptimalResume API (defined below) into their respective websites, as the “Services”. Users of the Services are referred to as “Users” throughout this Agreement. Content provided through the Services, including all text, information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement is called “Content”.
Please read through this Agreement carefully before using the Services. By using the Services on any platform or device, you agree to be legally bound by the terms of this Agreement, and all policies, statements and guidelines incorporated by reference in this Agreement. If you do not agree to be bound by this Agreement in its entirety, you may not use the Services. If you have any questions about these Terms, please contact us through the “Contact Us” link or by email at email@example.com.
1. The Services
The Services include online applications that help Users build resumes, cover letters, portfolios and professional web sites, prepare for job interviews, develop pitches and apply for jobs online. You are responsible for your use of the Services and for any Content you post to the Services.
You must be at least thirteen (13) years of age to register for an account or use the Services.
3. User Accounts; Registration Data; Account Security
To use the Services, you must; (a) register for an account through one of the Sites (“User Account”); or (b) access our Services through the use of a supported institution’s single-sign-on portal (“SSO”). Upon registering for a User Account or otherwise accessing our Services, you thereby agree to; (a) provide accurate, current and complete information as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and your API key (if applicable); (c) maintain and promptly update the Registration Data, your password and any other information you provide to the Services, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Services. You are responsible for all activity on your User Account.
You may not assign your password or any of your rights under this Agreement without the prior written consent of OptimalResume, and any attempted assignment without such consent shall be void.
4. User Content; Ownership; Copyright; Trademarks
As part of the Services, you may create or provide Content to OptimalResume (“User Content”). User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Services may include text, data, information, images, videos, sounds and other data uploaded by a User to the Services.
Our only right to use your User Content is the limited licenses of use granted in Section 6 of this Agreement.
You are solely responsible for your User Content, and expressly agree that OptimalResume has no liability that arises from any User Content you submit through the Services. We have no responsibility or liability for your User Content, or for any loss or damage your User Content may cause to you or any third party. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do so at our sole discretion at any time and for any reason. You represent that you have obtained all necessary third party rights, including, without limitation, copyrights, for any User Content that belongs to third parties. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content which is part of the User Content.
YOU WILL BE RESPONSIBLE FOR MAKING BACK-UP AND ARCHIVAL COPIES OF ALL USER CONTENT. IN NO EVENT WILL OPTIMALRESUME BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, CORRUPTION OR ALTERATION OF USER CONTENT, OR FOR ANY LOSS ARISING OUT OF ANY BREACH OF ANY SECURITY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND.
While we will not be responsible for data loss, the Services may include the ability for a User to migrate certain types of data from one Site to another through the Services.
Other than User Content, the Services, all Content and any other software used to create and operate the Services is the property of OptimalResume or its licensors, and is protected by United States, Canadian and international copyright laws and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
5. License to Use the Services and License Restrictions
OptimalResume grants to you a revocable, non-exclusive, non-sublicensable license to use and access the Services and to view the Content available to you through the Services (“License”).
Other than as expressly permitted in this Agreement, the Content and the License are subject to the following restrictions and account terms:
6. License of Your User Content to OptimalResume
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate and provide the Services, now and in the future. For example, if you upload an image to the Services as part of your User Content, we need your license to display that User Content on the Services.
Therefore, by uploading or distributing User Content to or through the Services, you thereby (a) grant OptimalResume and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to upload and distribute that User Content, to or through the Services; and (ii) the use and uploading or other transmission of such User Content does not violate the terms of this Agreement (including the User Content Guidelines described in Section 7 below) and will not violate any rights of or cause injury to any third party.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from such User Content” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
7. User Content Guidelines
The Services may permit Users to upload or input User Content. User Content submitted will be deemed to be non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
In addition, you agree to the following:
Any use of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Services.
8. Using the OptimalResume API
OptimalResume provides application programming interfaces (“API”s) that allow third parties to interoperate with the Services. Approved institutions can, and other developers may, be permitted to use the APIs made available by OptimalResume (each, an “OptimalResume API”).
This Section contains terms and conditions applicable to users of the OptimalResume API (including developers and approved institutions who have procured the services of a developer to develop a website containing the OptimalResume API) (“API Users”). If you are an approved institution that has procured a third-party developer to develop a website containing the OptimalResume API (“API Implementation”), this Section applies to your and their use of the OptimalResume API, and you are responsible for their compliance with this Section to the same extent as though you were developing the API Implementation yourself.
If you are an API Developer and not otherwise a User of the Services, the license set forth in this Section applies to your use of the OptimalResume API, and the license set forth in Section 5 does not apply to your use of the OptimalResume API. If you are also a User, the license set forth in Section 5 applies to your use of the Services apart from the OptimalResume API, and this Section applies to your use of the OptimalResume API.
Your use of the OptimalResume API is also subject to the following additional restrictions. You may not:
9. Fees and Refunds
Any and all purchases made on the Sites are processed by a third party payment processor, and additional terms and conditions will apply to the processing of such payments. The acceptance or rejection of any such terms and conditions is a private matter between you and the third party payment processor, and OptimalResume assumes no liabilities whatsoever related to such payment processing, including the submission, use, and misuse of any personally identifiable information. You are solely responsible for making an informed decision regarding the use of any services of any such third party payment processor. You will be informed when you leave the Site to complete any such purchase and will have the option to cancel any such purchase prior to completion.
10. Gift Subscriptions
OptimalResume offers subscriptions that may be bought by you and given to a third party. Such gift subscriptions are available for a variety of durations as shown on the appropriate Site.
You will be presented with a complete list of terms and conditions that apply to any given gift subscription at the time of the purchase transaction. Please note the following specific terms:
11. Security of the Services
To protect your User Content and personal information, we use industry standard hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, the Services use a secure log-in function and all Content and information on the Services are encrypted using SSL certificates.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
12. Warranty Disclaimer
THE SERVICES, THE CONTENT, AND THE OPTIMALRESUME APIS ARE PROVIDED TO YOU ON AN “AS IS” BASIS without warranties from OPTIMALRESUME of any kind, either express or implied. OPTIMALRESUME expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. OPTIMALRESUME does not represent or warrant that the OPTIMALRESUME APIs, SERVICES or Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy, ADEQUACY, or proprietary character of the OPTIMALRESUME APIs, SERVICES, the Content or any portion thereof.
While OPTIMALRESUME attempts to make your access to and use of the SERVICES safe, OPTIMALRESUME does not represent or warrant that the OPTIMALRESUME APIs, SERVICES or any Content are free of viruses or other harmful components.
13. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against OptimalResume, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the Services at your own risk.
Without limitation of the foregoing, neither OptimalResume nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services or the Content, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from OptimalResume or any other Released Party or accessible via the Services, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to OptimalResume, any User, or any other Released Party's records, programs or services.
In no event shall the aggregate liability of OptimalResume, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any amount paid by you for access to the Services during the three months prior to the date of any claim, if any.
14. Employer Use of the Services
OptimalResume believes in equal opportunity principles, and believes that any employers using the Services should not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, and encourages employers to ensure that applicants for employment and employees are treated during employment without regard to their race, color, religion, sex or national origin. The Services may aid or permit employers to review job applications. OptimalResume reserves the right to require employer users (“Employers”) to affirm that their organization is an equal opportunity employer. If an Employer fails to comply with this requirement, or OptimalResume otherwise determines that such an Employer is not an equal opportunity employer, OptimalResume reserves the right to terminate the Employer’s license to use the Services in accordance with Section 15 below.
15. Termination/Modification of License and Services
Notwithstanding any provision of these Terms, OptimalResume reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
You may also terminate this Agreement and your use of the Services at any time. When you terminate this Agreement, you must cease using the Services immediately.
When your account is terminated, any User Content you have uploaded to the Services may remain on the Services. The license you grant to us in Section 6 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If this Agreement expires or terminates for any reason, Sections 4, 5, 6, 11, 13, 14, 16, and 17, and any representation or warranty you make in this Agreement, shall also survive indefinitely.
OptimalResume reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and we will post a notice on the Sites visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Services and the Sites, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Agreement and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Agreement will always show the ‘last updated’ date at the top. If you do not agree to any amended Agreement, you must stop using the Services. If you have any questions about this Agreement, please email us at the contact address below.
16. Applicable Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees.
If you choose to access the Services from locations other than North Carolina, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify OptimalResume and the other Released Parties for your failure to comply with any such laws.
If any provision of this Agreement shall be deemed 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. OptimalResume may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of OptimalResume, and any such attempted assignment will be void and unenforceable. This Agreement constitutes the entire agreement between you and OptimalResume regarding your use of the Services, and supersedes all prior or contemporaneous communications whether electronic, oral or written between you and OptimalResume regarding your use of the Services. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
18. Questions and Comments
If you have any questions regarding this Agreement or your use of the Services or the OptimalResume API, please CLICK HERE to contact us. OptimalResume.com, Inc.