New Recruiting Solutions, Inc. / ResumUP.com
Terms of Service
Welcome to www.ResumUP.com (the "Website"), provided by New Recruiting Solutions, Inc.
The following terms and conditions govern all use of ResumUP.com, its content, services and applications (the “Services”), including any other applications that link to this agreement.
BY DOWNLOADING, ACCESSING OR USING ANY PART OF THE WEBSITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT"). IF YOU VISIT THE WEBSITE OR REGISTER FOR AN ACCOUNT THROUGH THE WEBSITE, YOU EXPRESSLY ACCEPT THE TERMS OF THIS AGREEMENT.
NEW RECRUITING SOLUTIONS, INC. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
About the Services
New Recruiting Solutions, Inc., its parent and affiliates (“we” or “us”) make available the Services to you on the condition that you abide by this Agreement. The Services give users the ability to access and share their profiles and other content. We may, in our sole discretion, change any aspect of the Services or discontinue any Service without notice. The Services are based in the United States. The Services are not designed or customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.
Your ResumUP.com Account and Site
In consideration of your use of the Services, you represent and understand that in order to access the Service you will be required to register for a ResumUP.com Account. You agree to: (a) provide true, accurate, current and complete information about yourself when registering for a ResumUP.com Account, and (b) maintain and promptly update your ResumUP.com Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ResumUP.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ResumUP.com has the right to suspend or terminate your ResumUP.com Account and refuse any and all current or future use of the Services (or any portion thereof). You acknowledge and agree that ResumUP.com may, at its sole discretion and at any time, reserve or disallow the use of certain usernames. In the event that you have chosen a username that is subsequently used by ResumUP.com, you agree that ResumUP.com may change your username; provided, however, that ResumUP.com shall provide you with prior notice of such change and provide you with instructions on changing your username.
You represent and warrant to ResumUP.com that: (a) you are over the age of eighteen (18) and have the power and authority to enter into this Agreement; (b) all information provided by you to ResumUP.com is truthful, accurate and complete; (c) you shall comply with all terms and conditions of this Agreement; and (d) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number. In the event that ResumUP.com requires a fee for the use of the Service, you represent and warrant to ResumUP.com that you are the authorized signatory of the credit or charge card provided to ResumUP.com to pay any such fees.
IF YOU ARE BETWEEN THE AGES OF 13 AND 17 (A "MINOR USER"), YOU MAY USE THE WEBSITE ONLY IN CONJUNCTION WITH YOUR PARENT'S OR GUARDIAN'S CONSENT, AND YOU MAY NOT PROVIDE OR SUBMIT ANY PERSONAL INFORMATION. ResumUP.com is concerned about the safety and privacy of all its Users, particularly children. For this reason, Users who wish to allow Minor Users access to the Services must create a ResumUP.com Account on behalf of such Minor User. When you create a ResumUP.com Account for the Minor User, (a) you certify that you are at least 18 years old; (b) you are authorized to create a ResumUP.com Account on behalf of, and authorized to allow access of the Services and Website to such Minor User; and (c) you hereby consent to such Minor User’s access to the Services and the Website. Please remember that the Website and Services is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any of the Services areas and/or Content are appropriate for the Minor User. Each Minor User who accesses the Website and/or the Services hereby understands and agrees to abide by all terms of this Agreement.
To use our services you agree to: (i) maintain the security of your User identification, password and other confidential information relating to your ResumUP.com Account; (ii) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (iii) be responsible for all charges resulting from use of your ResumUP.com Account, including unauthorized use prior to your notifying ResumUP.com in writing of such use and taking steps to prevent its further occurrence by changing your password; (iv) comply with the terms and conditions set forth herein; and (v) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or the Website. (b) You may not, directly or indirectly, (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Content; (ii) copy the Content or engage in any other acts inconsistent with the principles of copyright protection and fair use, without obtaining the express written permission of New Recruiting Solutions, Inc. and the copyright owner; (iii) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content, in whole or in part; or (iv) remove any proprietary notices or labels on the Content.
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which ResumUP.com may undertake from time to time; or (c) causes beyond the control of ResumUP.com or which are not reasonably foreseeable by ResumUP.com.
If you create a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all consequences and activities that occur under your account. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
User License. You may post and submit ideas, information, statements, and/or upload files, photos, images, or links (collectively, the "User Submission") on the Website through your ResumUP.com Account. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by ResumUP.com. ResumUP.com cannot and does not screen content provided by you to the Website or through the Service. Notwithstanding the foregoing, ResumUP.com reserves the right to monitor content on the Website and to remove content, which ResumUP.com, in its sole discretion, determines to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to ResumUP.com. Except as described herein, any communication which you post on any public area of the Website (e.g., comments, forums, etc.) is considered to be non-confidential. By placing any information or other material on such publicly accessible locations on the Website (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to ResumUP.com a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website (including but not limited to chat rooms, forums and bulletin boards) alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.
User Submission. By posting User Submissions on the Website, you acknowledge and agree that: (a) you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions and information; (b) your User Submissions do not contain confidential or proprietary information; (c) ResumUP.com is not under any obligation of confidentiality, express or implied, with respect to the User Submissions; (d) ResumUP.com shall be entitled to use or disclose (or choose not to use or disclose) such User Submissions for any purpose, in any way, in any media worldwide; (e) ResumUP.com may have something similar to the User Submissions already under consideration or in development; (f) you are not entitled to any compensation or reimbursement of any kind from ResumUP.com under any circumstances; and (g) you shall have no recourse against ResumUP.com for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions.
User Restrictions. You are responsible for your communications, User Submissions, and your use of the Website. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to the Website with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet Users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet Users need to respond (except as otherwise expressly permitted by ResumUP.com); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Website; (l) falsify the source or origin of software or other material contained in a file that you upload to the Website; (m) use the Website in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to the Website the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by ResumUP.com; (o) falsely purport to be an employee or agent of the Website; (p) cause repeated disruptive incidents; (q) act, or fail to act, in your use of the Website, in a manner that is contrary to applicable law or regulation; or (r) engage in any other activity deemed by ResumUP.com to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. Each time you upload a file on the Website, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
We reserve the right to charge or change the payment terms and fees for any Service or feature upon thirty (30) days prior notice to you. If you do not agree to the fees, you may terminate the Services before the new fees take effect without penalty to you.
Fees and Payment
By selecting to purchase a premium service, you agree to pay us the daily (24 hours pass) – nonrenewable; the lifetime (nonrenewable); the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a day (24 hours), monthly, annual or lifetime period as indicated. Premium service fees are not refundable.
You must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date. We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.
Any trial promotion for a fee-based Service must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a subscription fee. However, even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and any sub- or linked-accounts. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers.
ResumUP.com reserves complete and sole discretion with respect to the operation of the Website. ResumUP.com may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by ResumUP.com policies; (b) subject to Section 3, make available to third parties information relating to the Website and/or Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Website. ResumUP.com may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. ResumUP.com will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
You are encouraged to use discretion while browsing the Internet using links initiated at the Website. The Website links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. ResumUP.com make no representations concerning any effort to review all of the content of sites listed in its Website.
Copyright Or Intellectual Property Infringement Notification
ResumUP.com respects the intellectual property rights of others. You can notify ResumUP.com of possible copyright infringement, and ResumUP.com will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website reasonably sufficient to permit ResumUP.com to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be sent to support@ResumUP.com.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.
Either you or ResumUP.com may terminate your right to use the Website at any time, with or without cause. ResumUP.com also reserves the right to terminate or suspend your Website membership without prior notice. . If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ResumUP Referral Program
As registered user, by referring your friends to sign up to resumup service or buy subscription plans that receives a confirmed registration or purchase via the Siteyou may participate in the “Referral Program”, which is a loyalty program we offer to our registered users. If you choose to participate in the Referral Program, for each friend you refer to Resumup you may be able to receive Referal Reward which can be used as a discount in purchasing our subscription.
In order to receive a Referral Reward, each of the following requirements must be met: (i) you must log in to your ResumUP Account on the Site and select either the “Invite Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by ResumUP to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a ResumUP Account and become a registered user; and (iv) to get more Referral Reward after becoming a User, the friend must purchase the subscription plan which is not subsequently cancelled.
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your ResumUP Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your ResumUP Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your ResumUP Account. Referral Rewards accrued in multiple ResumUP Accounts may not be combined into one ResumUP Account. You may not earn Referral Rewards by creating multiple ResumUP Accounts. By acquiring Referral Rewards, you agree and acknowledge that ResumUP is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their ResumUP Accounts.
ResumUP may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. ResumUP will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT NEW RECRUITING SOLUTIONS, INC. / RESUMUP.COM DOES NOT SUPERVISE, MONITOR OR CONTROL INTERACTIONS BETWEEN USERS. ACCORDINGLY, YOU HEREBY AGREE (A) THAT NO NEW RECRUITING SOLUTIONS, INC. / RESUMUP.COM PARTIES HAS ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, OR THE CONTENT; (B) TO RELEASE RESUMUP.COM PARTIES AND THEIR DESIGNEES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, THE WEBSITE, OR ANY INFORMATION PROVIDED THROUGH THE SERVICE OR THE WEBSITE; (C) TO WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY LAW (WHETHER STATUTORY OR NON-STATUTORY) OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER; AND (D) TO WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF ANY LAW, RULES OR REGULATION OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF NEW RECRUITING SOLUTIONS, INC. / RESUMUP.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD. IN NO EVENT SHALL NEW RECRUITING SOLUTIONS, INC. / RESUMUP.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF THE WEBSITE ARE HEREBY EXCLUDED EVEN IF NEW RECRUITING SOLUTIONS, INC. / RESUMUP.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Representation and Warranty
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RESUMUP.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS (COLLECTIVELY, THE "RESUMUP.COM PARTIES") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR RESUMUP.COM ACCOUNT.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.Effective date: February 14, 2014