TERMS OF USE

Last Updated: July 4, 2018

1. Acceptance of Terms

Welcome to OptimalResume.com, Inc. ("OptimalResume," "we" or "us") and our Terms of Use (these "Terms"). These Terms are important and affect your legal rights when and if you access or use one or more of our websites, including https://optimalresume.com and our organization-branded websites (collectively, the "Sites") provided by OptimalResume, so please read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. After reviewing these terms, please indicate your acceptance by clicking the "I Agree" button, all at the bottom of these Terms.

By accepting these Terms, you represent that you are 16 years of age or older and that you are the person whose data and information is being submitted.

If you do not agree to every provision of these Terms, you may not access or use the Site, or use any services, including without limitation any Subscription (as defined below) made available through the Site (collectively, the "Services").

These Terms may be revised at any time for any reason, and OptimalResume may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the "Last Updated" legend at the top of these Terms. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site, or use Services made available through the Site.

2. Registration

In order to access and use certain areas or features of the Site, you will need to register for an OptimalResume account. Each registration is for a single user only. Registration requires agreeing to these Terms and to our policies.

By creating an OptimalResume account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. By logging into your account, you may update your registration data or personal information at any time. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

By creating an OptimalResume account, you also authorize and request OptimalResume to access and use and disclose your User Content (as defined in Section 6) for the purpose of providing the Services, use your personal information to communicate with you, and you further consent to receive electronic communications from OptimalResume, client administrators, and potential employers (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations (if applicable), password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

3. License to Access and use the Site and Site Content

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the OptimalResume logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, "Content") are the sole property of OptimalResume or our licensors, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.

However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than routine page caching by your web browser) any portion of the Site or Content, except as for intended purposes, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.

Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of OptimalResume or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

4. Trademarks

The OptimalResume logo, and any other OptimalResume product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Site, or in connection with Services are the property of OptimalResume or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of OptimalResume or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.

5. Privacy and GDPR Compliance

PRIVACY AND DATA PROTECTION

OptimalResume is committed to processing and protecting the personal data collected through use of the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of Your personal data, including, if applicable to You, the European Union General Data Protection Regulation ("GDPR"), OptimalResume’s policy is to retain personal data solely as necessary to provide our Services, except that we may retain Your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill Your request to "unsubscribe" from further messages from us. This policy applies to personal data that You or others provided to us and personal data generated or inferred from Your use of our services. When OptimalResume is the data controller, we will decide how Your personal data is processed and for what purposes.

For additional information about Your rights and Your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the OptimalResume Privacy Policy located at https://optimalresume.com/privacy.

Where OptimalResume has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, OptimalResume may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.

HOW WE PROTECT YOUR INFORMATION

We implement a number of security features to help ensure that Your information is safe.

· We use industry standard technologies when transferring and receiving customer data exchanged between OptimalResume and third parties to ensure its security.

· User data may be stored on servers maintained by Amazon Web Services and subject to their security safeguards which are continuously audited, with certifications from accreditation bodies across geographies and verticals. You can read more about Amazon Web Services’ security and compliance at https://aws.amazon.com/compliance/.

CHILDREN UNDER SIXTEEN

The Services are not intended for children under the age of sixteen (16), and if we learn that personal information is the information of a child under sixteen (16), we will attempt to delete the information as soon as possible. If you are under the age of eighteen (18), we encourage you to review these Terms and our Privacy Policy with an adult to understand what type of information we collect, how it is used and how it may be disclosed.

INTERNATIONAL USERS

These Terms and the OptimalResume Privacy Policy are accurate, comprehensive, prominently displayed, completely implemented, accessible and conform to the relevant data protection legislation. Please note that the Personal Information You submit to us may be transferred to the United States and other countries to be processed by us in order to provide this Site to You or for such other purposes as set forth in this Policy. If You are not a resident of the United States You consent and agree that we may collect, process, use, and store Your personal information, as discussed in these Terms, outside Your resident jurisdiction, including in the United States. Please be aware that United States law and laws of other countries where we may store and process Your data may offer different levels of protection for personal information than may be available in Your country. Whenever we disclose any personal information to third parties to the extent described above, we ensure that the transfer is in accordance with these Terms and the OptimalResume Privacy Policy, including all applicable data protection legislation. You shall ensure that you comply with the applicable requirements of all applicable legislation and regulatory requirements in force from time to time relating to the use of personal data and privacy, including, without limitation, the GDPR.

INDIVIDUALS IN THE EEA

Personal Data (as defined in GDPR or other relevant EU data protection law) that You submit to us may be processed by us in order to provide this Site to You or for such other purposes as set forth in these Terms and the OptimalResume Privacy Policy. Your personal data may be transferred to the United States and other countries outside of the EEA which may offer different levels of protection for personal data than may be available in Your country. We ensure that all personal data is handled, processed, transferred and stored in accordance with relevant EU data protection law, and that adequate safeguards and procedures providing protection to Users’ personal data are in place. When You submit Your application as a job seeker, You agree to our terms and privacy policy and, in particular, You expressly agree to the transfer of Your personal information for the purposes described in that policy.

UNSUBSCRIBE/DELETE PERSONAL DATA

You have many choices about how Your data is collected, used and shared. We describe our policies regarding the collection, use and disclosure of Your data in our Privacy Policy located at https://optimalresume.com/privacy

Users may opt-out of receiving any or all communications from OptimalResume by following the "unsubscribe" link on communications received from OptimalResume or otherwise by contacting us at support@optimalresume.com.

CONTACT INFORMATION

To exercise any relevant rights, ask questions, or make a complaint, please contact OptimalResume via support@optimalresume.com.

6. User Content

You are solely responsible and liable for all data, information and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.

You agree that you will not, and will not permit anyone else to, directly or indirectly:

· Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;

· Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;

· Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

7. Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., our Facebook page, Instagram page, or Twitter feed, etc.), you hereby grant OptimalResume a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content, in whole or in part, for the purpose of providing the Services. OptimalResume will only use and share personal data that you provide in accordance with our Data Privacy Policy at https://optimalresume.com/privacy.

You acknowledge and agree that OptimalResume may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any a governmental entity or any department, agency or political subdivision thereof; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of OptimalResume, its customers or the public.

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about OptimalResume, the Site, or our Services (collectively, "Feedback"). Feedback is nonconfidential and shall become the sole property of OptimalResume. OptimalResume shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Linked Sites

We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by OptimalResume. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. OptimalResume reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by OptimalResume. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

10. Terms of Subscriptions

Subscriptions. We offer subscription plans in a limited number of circumstances (each, a "Subscription").

Subscriptions. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) OPTIMALRESUME (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS.

11. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Subscription (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.

12. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.

All of our Services are subject to availability, and we reserve the right to reject all or part of an Order, to discontinue offering certain Services without prior notice.

13. Taxes

We will collect applicable sales tax on Services for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

14. No Resale

You are not permitted to resell or otherwise use the Services for commercial purposes.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify OptimalResume, its subsidiaries and affiliates, business partners, contractors, OPTIMALRESUMEs and service providers, and their respective officers, employees, agents and representatives (collectively, the "OptimalResume Parties") from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, Services, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or the Services. You further agree that OptimalResume shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and OptimalResume.

16. Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, THE CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OPTIMALRESUME NOR THE OPTIMALRESUME PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, THE OPTIMALRESUME PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE OPTIMALRESUME PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE OPTIMALRESUME PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE OPTIMALRESUME PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OPTIMALRESUME PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.

THE OPTIMALRESUME PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

17. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. ANY USE OF THE SITE OR THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISK, FORESEEN AND UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPTIMALRESUME PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY OPTIMALRESUME PARTY, OR FROM EVENTS BEYOND THE OPTIMALRESUME PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, 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 THE OPTIMALRESUME PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE OPTIMALRESUME PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF SERVICES PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE OPTIMALRESUME PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE OPTIMALRESUME PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH OPTIMALRESUME FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

18. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH OPTIMALRESUME AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AND OPTIMALRESUME AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING, AS APPLICABLE, CONSUMER OR COMMERCIAL DISPUTES BEFORE A SINGLE ARBITRATOR. Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and OptimalResume agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address if a consumer dispute and otherwise in Raleigh, North Carolina. OptimalResume further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and OptimalResume are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Services. REGARDLESS OF THE FORUM, YOU AND OPTIMALRESUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OptimalResume agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

19. Modifications to the Site and Services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of any Services at any time.

20. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order or receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

21. Governing Law and Jurisdiction

OptimalResume operates the Site from North Carolina, U.S. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the state of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such jurisdiction. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the U.S.A., shall not apply. If Section 18 is found to be unenforceable, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts of Wake County, North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

22. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to OptimalResume at the following contact: legal@optimalresume.com. Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on the Site. Please report any violations of these Terms to OptimalResume at the contact listed above.

23. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

24. Survival

All rights and obligations of you and OptimalResume under these Terms which by intent or meaning have validity beyond or by their nature apply or are to be performed or exercised after the termination or expiration of these Terms shall survive the termination or expiration of these Terms for the period so specified, if any, or for perpetuity.

25. Miscellaneous

These Terms constitute the entire agreement between you and OptimalResume relating to your access to and use of the Site and your order, receipt and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of OptimalResume. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

26. Procedure for Making Claims of Copyright Infringement

We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

OptimalResume’s copyright agent for notice of claims of copyright infringement can be reached as follows:

OptimalResume.com, Inc.

Legal Officer

PO Box 729

Pittsboro, NC 27312

legal@optimalresume.com

+1 (877) 998-7654