Last Updated: December 15, 2020
1. Acceptance of Terms
2. OptimalResume Registration.
In order to access and use certain areas or features of the OptimalResume Site, you will need to register for an OptimalResume account. Each registration is for a single user only. Your name and email address are required to create an account on OptimalResume. Information required to complete your profile on OptimalResume includes your mailing or street address, country, and phone number. Your sponsoring organization may require reasonable and relevant additional profile information in order for you to create your OptimalResume account, such as your chosen academic program or career preferences. 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 16) 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. Automatic SkillsFirst Registration For OptimalInterview and OptimalVideoResume End Users.
OptimalInterview and OptimalVideoResume end users, collectively referred to as “video users”, get automatic access to SkillsFirst in order to practice for job interviews or create video “elevator” pitches, collectively referred to as “video content”. By clicking “Take Practice Interview” or “Create Pitch” in the OptimalResume Document Center, a new SkillsFirst account is automatically created for the video user. Name and email address are the only information passed to SkillsFirst for the purpose of creating a SkillsFirst account; no other personal information is automatically passed from OptimalResume to SkillsFirst. A video user must sign in to their OptimalResume account in order to access SkillsFirst. Video users with access to SkillsFirst automatically have the Organization Basic role and are automatically in the Organization Basic People Group. Video content created on SkillsFirst is stored in Personal Galleries on SkillsFirst. Video users can also automatically access their video content in the OptimalResume Document Center (through an API integration between OptimalResume and SkillsFirst). Video content created by video users on SkillsFirst is private by default and only visible to the end users who created the content. SkillsFirst users have the option to share their content and other personal information according to their SkillsFirst Organization People Group assignments, as detailed below.
4. SkillsFirst Registration.
In order to access and use certain areas or features of SkillsFirst, you will need to register for a SkillsFirst account and join an Organization on the Network. Your name and email address are required to create an account on SkillsFirst. After you join an Organization, you may log in to your Organization’s Space to access Organization people and content. Each registration is for a single user only. Registration requires agreeing to these Terms and to our policies. By creating a SkillsFirst account, you agree to (a) provide accurate, current and complete account information and represent that you are the person whose data and information is being submitted, (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 Network on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your Organization Space 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 SkillsFirst by you. By creating a SkillsFirst account, you also authorize and request OptimalResume to collect, use, process, store and disclose your User Originated Content (as defined in Section 16) 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, Organization Administrators, Organization Staff, Organization Collaborators, Organization Basics, and Organization Guests, and other Organization Members, and if you have joined the Pathway at an Organization, to electronic communications from Pathway Administrators, Pathway Career Coaches, Pathway Resource Navigators, and, provided you have chosen to be visible to them, Organization Partners and Pathway Employers (e.g. potential employers, education or workforce institutions, or other verified partners) via email or by posting notices to the Space. 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 OptimalResume sends 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. Communications could also include requests to collaborate from the above-mentioned users, and career-related critiques, advice, and communications within the scope and purpose of the SkillsFirst Network. You are always free to refuse to collaborate or to communicate with other Users but the benefits you may garner from your use of the Services may be reduced.
5. SkillsFirst Multiple Memberships.
You may be invited to join more than one organization on the SkillsFirst network. Each Organization has its own Organization Space, and you can switch between Organization Spaces to access each Organization’s People and Content. Organization Administrators at each organization you join assign your Organization Roles and Organization People Groups at the organization. Your Organization Roles determine your organization permissions and what you can do in the Organization Space. Your Organization People Groups determine who you can see, who can see you, and who you can contact and share with inside the Organization Space.
6. SkillsFirst Data Definitions
7. SkillsFirst Organization People Groups.
SkillsFirst utilizes Organization People Groups to determine how organization members collaborate, how much they can see about each other, and whether they can contact and share with each other. Organization Administrators and Staff determine your Organization People Group assignments and manage Default Organization People Group settings. You may be assigned to one or more Organization People Groups. Default Organization People Groups assignments are linked to Default Organization Roles (discussed below); when you are assigned an Default Organization Role, you are automatically in the linked Default Organization People Group. For example, if you are assigned the Organization Staff Organization Role, you are automatically in the Organization Staff People Group. Default Organization People Groups include the Organization Administrators People Group, Organization Staff People Group, Organization Collaborators People Group, Organization Basic People Group, and Organization Guests People Group. Below is a description of these default Organization People Groups and the extent to which individuals assigned to those Groups can see (the basic profile data of) other members, contact other members, and share with other members.
8. SkillsFirst Organization Roles.
SkillsFirst utilizes role-based access (“Roles”), which means Users are assigned Organization Roles that are appropriate for that person’s expected activities on the Network. You may be assigned to one or more Organization Roles. SkillsFirst manages default organization roles. Default Organization Roles include Organization Administrator, Organization Staff, Organization Collaborator, Organization Basic, and Organization Guest. Below is a description of these default Roles and a summary of permissions allocated to these Organization Roles:
9. SkillsFirst 7-Step Career Pathway Model™ Roles.
The 7-Step Career Pathway Model™ (“Pathway”) is a program that may be operated by a sponsoring Organization within their SkillsFirst Space. When an Organization chooses to operate the Pathway, there are five default Roles associated with the Pathway. These default roles are managed by SkillsFirst and are Pathway Administrator, Pathway Career Coach, Pathway Resource Navigator, Pathway Participant, and Pathway Employer.
10. SkillsFirst Organization Partnerships.
Organizations on SkillsFirst can establish partnerships enabling collaboration between organizations. Organization Administrators can invite Organization Partners or approve partnership requests from other organizations. After a partnership is activated, Organization Administrators manage partnership settings, including which Organization People Groups are visible to the partner, partner sharing permissions, and whether content shared by Organization Partners requires approval. Organization Partners automatically see the Basic Profile Data of people in the Organization People Groups they have access to. For Programs like the 7-Step Career Pathway Model™, Pathway Administrators can assign Pathway Program licenses and Pathway roles to Organization Partners to collaborate on the program expand evidence-based career pathways. Organization Administrators can deactivate organization partnerships at any time.
11. SkillsFirst Organization Galleries.
Each organization on SkillsFirst has Organization Galleries on the organization profile that are managed by the Organization. Organization Galleries contains career content that is shared with the Organization by Organization Members and Organization Partners, including SkillsFirst. Each organization controls the content displayed in its Organization Galleries. Specifically, Organization Administrators and Organization Staff manage Organization Galleries and can control/limit access to any content shared with the organization and Organization People Groups. Organization Administrators may require prior approval of content shared with or by Organization People Groups and with or by Organization Partners before it is visible. Moreover, Organization Administrators determine sharing permissions of all Organization People Groups and Organization Partners. Additionally, Organization Administrators and Organization Staff can add Organization Content, such as samples, in Organization Galleries. Such Organization Content is controlled by the Organization Administrators People Group and the Organization Staff People Group, and is automatically visible, modifiable, downloadable, shareable, and removable by all Organization Administrators and Organization Staff.
12. SkillsFirst Personal Galleries Content Sharing & Content Roles.
Your Personal Galleries Content is private by default and not visible by others unless you share it. When you share your Personal Galleries Content, you can assign specific permissions to your content. Each Personal Galleries Content Type has default content roles and permissions that are detailed in the User Guide. SkillsFirst manages default content roles and can update default content role permissions at any time. You can remove access to your shared Personal Galleries Content by removing content roles assigned to recipients. Note that when you share your Personal Galleries Content with Organization People Groups, your content automatically becomes visible in Organization Galleries to people in the Organization People Groups you shared it with. When you share your Personal Galleries Content directly with specific organization people, your content automatically becomes visible in the recipient’s Personal Galleries. Organization Administrators and Organization Staff can see all content shared with all Organization People Groups and can control/limit access to content in Organization Galleries and have the right to remove your shared content from Organization Galleries at any time. However, Organization Administrators and Organization Staff cannot otherwise control your Personal Galleries Content. Organization Administrators also have the right to remove you from Organization People Groups and to remove your access to the Organization if deemed necessary. If you are removed from an Organization People Group, your group sharing permissions are also removed, and any personal information or Personal Galleries Content you already shared as a result of your prior group permissions is also removed from Organization Galleries.
13. License to Access and Use the Services.
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the OptimalResume logo, the SkillsFirst logo, and all designs, text, graphics, pictures, information, data, software, User Originated Content (as defined in Section 16), 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. We do not claim any right, title, or interest in your User Originated Content (as defined in Section 16) and these Terms do not give you any rights in the User Originated Content shared by other Users. 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 Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services 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 Network, Services, Content, or User Originated Content (other than your own), (b) distribute, publicly perform or publicly display any Content or User Originated Content (other than your own), (c) except as expressly permitted by these Terms modify or otherwise make any derivative uses of the Network, Services, 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 Network, Services, or Content, except as for intended career development, learning, career networking, or job search purposes, (f) use the Network or Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Network, Services, or servers or networks used in connection with the Network; or (h) use the Network, Services, or Content other than for their intended purposes. For clarity, you are authorized to modify sample or template documents such as resumes or cover letters that we provide through the Services to create customized documents specific to you. Any use of the Network, Services, or Content or User Originated Content (other than your own) 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, except as expressly permitted by these Terms, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The OptimalResume logo, SkillsFirst logo, MasterYourStory, and any other OptimalResume product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Network or Services, in your Space, 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 Network or Services 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 is strictly prohibited.
15. Privacy and GDPR Compliance.
16. User Originated Content.
. You are solely responsible and liable for all data, information, and other materials ("User Originated Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Services. 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 recipient of information shared through the Services. You agree that you will not, and will not permit anyone else to, directly or indirectly: Transmit any User Originated 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 Originated 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 Originated Content Transmitted through the Site. Although we have no obligation to screen, edit or monitor User Originated Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Originated Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Originated Content you post or store on the Services at your sole cost and expense.
17. Rights in User Originated Content.
Separate and apart from User Originated Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about OptimalResume, the Site, the Network, 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.
19. Linked Sites.
We have not reviewed all of the websites linked to the Services and are not responsible for the content of any third-party pages, any Organization pages that are external to the Services, or any other websites linked to the Services, or any products or services offered by third parties linked to the Services. Nothing in the Network or Services, 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.
We offer individual subscription plans in a limited number of circumstances (each, a "Subscription"). WHEN YOU REGISTER FOR AN INDIVIDUAL 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. YOU MAY CANCEL YOUR INDIVIDUAL SUBSCRIPTION ELECTRONICALLY BY SENDING TERMINATION NOTICE TO THE FOLLOWING EMAIL ADDRESS: SUPPORT@OPTIMALRESUME.COM
“Dear Sir or Madam: Please cancel my SkillsFirst individual subscription [immediately]/[effective as of the expiration date of my current subscription]. The following identifying information pertains: Name: [__] Email address: [__] Phone number: [__] Sincerely, [Name]”
21. 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.
22. 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. 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.
23. 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.
24. No Resale. You are not permitted to resell or otherwise use the Services for commercial purposes.
25. 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, OPTIMALRESUME 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 Network, Services, any User Originated Content that you Transmit to or through the Network or Services, any Feedback you provide, any violation of these Terms by you, any willful misconduct by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Network 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.
26. 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.
27. Limitation of Liability; Waiver. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF SKILLSFIRST AND THE SERVICES. ANY USE OF SKILLSFIRST 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 NETWORK, 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 NETWORK 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 SKILLSFIRST EXCEED THE GREATER OF THIRTY DOLLARS ($30.00) OR THE AMOUNT PAID BY YOU 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.
28. ARBIRTRATION 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.
29. Modifications to the Site and Services. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently the Network (or any features or parts thereof) or the provision of any Services at any time.
30. 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 Network or Services 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.
31. Governing Law and Jurisdiction. OptimalResume operates the Services 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 Network or Services, if any, and by any other means permitted by law.
32. 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: email@example.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 Network or Services. Please report any violations of these Terms to OptimalResume at the contact listed above.
33. 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.
34. 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.
35. Miscellaneous. These Terms constitute the entire agreement between you and OptimalResume relating to your access to and use of the Services 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.
36. Procedure for Making Claims of Copyright Infringement. We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Network or Services 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 a Space in the Network or Services; (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, firstname.lastname@example.org, +1 (877) 998-7654