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Terms Of Service:
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF Service. By accessing, browsing, using and/or REGISTERING FOR ResumeSee Online, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the \\\"TERMS\\\"). If you do not agree to these Terms, THEN please do not use ResumeSee Online. 1. Privacy Notice. Your privacy is important to ResumeSee. ResumeSee\\\'s Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information. 2. Individual Features and Services. When using ResumeSee Online, you will be subject to any additional posted guidelines or rules including but not limited to ResumeSee\\\'s Rules & Guidelines and the \\\"Announcements\\\" or \\\"Stickies\\\" found in the ResumeSee Online Forums, which are applicable to specific activities and features which may be posted from time to time (collectively referred to herein as the \\\"Guidelines\\\"). All such Guidelines are hereby incorporated by reference into these Terms. 3. Modification of these Terms. ResumeSee reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting a notice on the Website or by sending you an email. Please check these Terms and any Guidelines periodically for changes. Your continued use of ResumeSee Online after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on ResumeSee Online. 4. Prohibited Conduct -- BY USING RESUMESEE ONLINE YOU AGREE not TO: a. \\\"stalk\\\", harass, threaten, or defraud other ResumeSee Members; b. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other ResumeSee Members; c. make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of ResumeSee, or send junk mail or chain letters to other Members; d. impersonate another person or access another Member\\\'s account without permission, or impersonate ResumeSee staff; e. fail to deliver payment for any purchases made on ResumeSee Online; f. share ResumeSee-issued passwords with a third party or encourage another Member to do so; g. misrepresent the source, identity, or content of information transmitted via ResumeSee Online, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity; h. use or encourage others to use ResumeSee Online for any illegal purpose; i. use site features for anything other than their intended purpose, including exploiting site glitches for personal gain; j. interfere with any security-related features of ResumeSee Online; k. intentionally interfere with the operation of ResumeSee Online or any Member\\\'s enjoyment of it, including intentionally posting inflammatory statements to get a reaction (\\\"Trolling\\\"); l. post, request, or link to sexually explicit material or conduct; m. discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor; n. post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of ResumeSee or any third party; o. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of ResumeSee Online, except to the limited extent applicable laws specifically prohibit such restriction; p. use bots on the site; buy, sell or trade ResumeSee gold for non-ResumeSee items (including cash) or vice versa; or attempt to hack or scam other members; q. engage in any other conduct prohibited by our Rules and Guidelines. 5. Eligibility; Account Information. ResumeSee Online is not available to persons under the age of 13 or to any Members suspended or removed from ResumeSee Online by ResumeSee.. You agree that the information you provide to ResumeSee during Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. ResumeSee may, in its sole discretion, refuse to offer ResumeSee Online to any person or entity. ResumeSee may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access ResumeSee Online is revoked in such jurisdictions. 6. Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur within your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify ResumeSee. You may be liable for the losses incurred by ResumeSee or others due to any unauthorized use of your account. 7. Ownership; Proprietary Rights. ResumeSee Online is owned and operated by ResumeSee Interactive Inc.. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of ResumeSee Online provided by ResumeSee, including without limitation any artwork, ResumeSee virtual items, ResumeSee Gold, Member Submissions, ResumeSee Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the \\\"Materials\\\") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on ResumeSee Online are the property of ResumeSee or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ResumeSee or its affiliates and/or third-party licensors. Except as expressly authorized by ResumeSee, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials. 8. Member Submissions. 1. Definition of Member Submissions. ResumeSee may now or in the future permit submissions in journals, the Art Arena, personal ads, chat, messages, reviews, blogging, etc. by you and other Members(\\\"Member Submissions\\\"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, ResumeSee does not guarantee any confidentiality with respect to any Member Submissions. 2. Ownership, Limited License Grants.Member\\\'s retain all ownership rights in their Member Submissions. Click here for ResumeSee\\\'s explanation of this Section 8.2. a. Limited License Grant to ResumeSee. By submitting Member Submissions to ResumeSee Online, you hereby grant to ResumeSee, solely as necessary to provide the features and functionality of the part(s) of ResumeSee Online within which you choose to make your Member Submissions available, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sublicensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit (\\\"Use\\\") your Member Submissions within ResumeSee Online in any media formats and through any media channels, and to reformat, excerpt or translate any Member Submissions. This license does not grant ResumeSee the right, except in providing the ResumeSee Online service, to use your Member Submissions for any other commercial purposes. b. Limited License Grant to other ResumeSee Members. By submitting Member Submissions to ResumeSee Online, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain ResumeSee Online functionality and these Terms, you hereby grant to such Members of ResumeSee Online a non-exclusive license to Use your Member Submissions solely as necessary for such Members to participate in the relevant ResumeSee Online functionality or activity. 3. Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to Use and to authorize ResumeSee and ResumeSee\\\'s Members to Use your Member Submissions as necessary to exercise the license granted by you in Section 8.2 above; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by ResumeSee and these Terms and (iii) you will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on ResumeSee Online. 4. Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ResumeSee all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ResumeSee or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person, or (vi) engage in any other activity that is prohibited by these Terms. 5. Member Submissions Disclaimer. You understand that when using ResumeSee Online you will be exposed to Member Submissions from a variety of sources, and that ResumeSee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ResumeSee with respect thereto, and agree to indemnify and hold ResumeSee, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of ResumeSee Online. ResumeSee does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and ResumeSee expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, ResumeSee may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. ResumeSee has the right, but not the obligation, to monitor ResumeSee Online, and ResumeSee may remove any Member Submission at any time for any reason. For clarity, ResumeSee does not permit copyright infringing activities on ResumeSee Online. 9. Messaging and Chat 0. You are welcome to post, transmit or submit chat and messages (collectively \\\"Messages\\\") within, or in connection with, ResumeSee Online. ResumeSee accepts no responsibility whatsoever in connection with or arising from such Messages. ResumeSee does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by ResumeSee prior to posting and do not necessarily reflect the opinions or policies of ResumeSee. ResumeSee makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, ResumeSee reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time. 1. ResumeSee assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time ResumeSee chooses, in its sole discretion, to monitor the Forums, ResumeSee nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that ResumeSee accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. 10. Prohibited Uses. 0. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access ResumeSee Online from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting ResumeSee Online from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content. 1. Any use of ResumeSee Online other than for private, non-commercial use is strictly prohibited. As a condition of your use of ResumeSee Online, you will not use ResumeSee Online for any purpose that is unlawful or prohibited by these Terms. You may not use ResumeSee Online in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party\\\'s use and enjoyment of ResumeSee Online. You may not attempt to gain unauthorized access to ResumeSee Online, or any part of them, other accounts, computer systems or networks connected to ResumeSee Online, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of ResumeSee Online or any activities conducted on ResumeSee Online. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through ResumeSee Online. You agree neither to modify ResumeSee Online in any manner or form, nor to use modified versions of ResumeSee Online, including (without limitation) for the purpose of obtaining unauthorized access to ResumeSee Online. 2. ResumeSee Online may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access ResumeSee Online for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to ResumeSee Online. 11. DMCA Notifications. It is ResumeSee\\\'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please go to ResumeSee\\\'s DMCA Notification Guidelines. ResumeSee will terminate without notice any Member\\\'s access to ResumeSee Online, if that Member is determined to be a \\\"repeat infringer.\\\" A repeat infringer is a Member who has been notified by ResumeSee of infringing activity violations more than once and/or who has had a Member Submission removed from ResumeSee Online more than once. 12. Gold, Virtual Currency. Throughout your ResumeSee Online experience, you may accumulate \\\"Gold,\\\" which constitutes a limited license right to use a feature of ResumeSee Online when, as, and if allowed by ResumeSee. Gold is the fictional currency used in the world of ResumeSee Online and it may be used to purchase virtual goods or virtual services which are stored in the Member\\\'s inventory and can be used to enhance the look of the Member\\\'s on-line persona or player, also known as an \\\"Avatar\\\", or other on-site features. ResumeSee may charge fees for the right to use Gold, or may distribute Gold without charge, in its sole discretion. Regardless of terminology used, Gold represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from ResumeSee at any time. You agree that ResumeSee has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Gold as it sees fit in its sole discretion, and that ResumeSee will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in these Terms and throughout ResumeSee Online in the context of Gold transfers: (a) the term \\\"sell\\\" means \\\"to transfer for consideration to another Member or ResumeSee the licensed right to use Gold in accordance with these Terms\\\" and (b) the term \\\"buy\\\" means \\\"to receive for consideration from another Member or ResumeSee the licensed right to use Gold in accordance with these Terms.\\\" ResumeSee may halt, suspend, discontinue, or reverse any Gold transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with ResumeSee Online, such as creating multiple secondary accounts strictly to accumulate Gold by using site features and then funneling it to a singular account. 13. Fees and Payment Terms. ResumeSee may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Website. ResumeSee reserves the right to change its fees at any time, and will provide notice upon the site. Use of ResumeSee Online by you following such notification constitutes your acceptance of any new or increased charges. If you purchase a Monthly collectible, buy \\\"ResumeSee Cash\\\" to purchase virtual merchandise or services, or otherwise buy products or services from ResumeSee Online, then you agree to pay for any such purchases, ResumeSee Cash, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify ResumeSee if your selected payment method is cancelled or compromised (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of ResumeSee Online, including, but not limited to, sales, use or value-added taxes. To the extent ResumeSee is obligated to collect such taxes, the applicable tax will be added to your billing account. 14. Third-Party Sites, Products and Services; Links 1. ResumeSee Online may include links to other web sites or services solely as a convenience to Members (\\\"linked sites\\\"). ResumeSee does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, ResumeSee makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that ResumeSee shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site. 2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through ResumeSee Online are solely between you and such advertiser. You agree that ResumeSee will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on ResumeSee Online. 15. Violations; Termination. You agree that ResumeSee, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with ResumeSee or your use of ResumeSee Online and remove and discard all or any part of your account including its inventory of any virtual items, ResumeSee Gold, ResumeSee Cash Member profile, or any Member Submission, at any time. As all items, ResumeSee Gold, ResumeSee Cash, and other aspects of your account are considered to be licensed to you for your use while your account is in good standing, all of the previous are considered to be forfeit when the account is banned or otherwise terminated. Any fees paid hereunder are non-refundable. ResumeSee may also in its sole discretion and at any time discontinue providing access to ResumeSee Online, or any part thereof, with or without notice. You agree that any termination of your access to ResumeSee Online or any account you may have or portion thereof may be effected without prior notice, and you agree that ResumeSee shall not be liable to you or any third party for any such termination. As discussed herein, ResumeSee does not permit copyright infringing activities on ResumeSee Online, and reserves the right to terminate access to ResumeSee Online, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of ResumeSee Online may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ResumeSee may have at law or in equity. 16. Disclaimers; No Warranties. You acknowledge that ResumeSee has no control over, and no duty to take any action regarding: which users gain access to ResumeSee Online; what Materials you access via ResumeSee Online; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. ResumeSee Online may contain links to websites containing information that some people may find offensive or inappropriate. You release ResumeSee from all liability for you having acquired or not acquired Materials through the Website. ResumeSee Online AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ResumeSee Online ARE PROVIDED \\\"AS IS\\\" AND \\\"AS AVAILABLE\\\" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RESUMESEE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RESUMESEE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ResumeSee Online WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ResumeSee Online OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RESUMESEE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ResumeSee Online IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RESUMESEE NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ResumeSee Online AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 17. Indemnification; Hold Harmless. You agree to indemnify, save, and hold ResumeSee, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys\\\' fees, arising out of your use or misuse of ResumeSee Online, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. ResumeSee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ResumeSee, and you agree to cooperate with ResumeSee\\\'s defense of these claims. 18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RESUMESEE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON RESUMESEE ONLINE, OR ANY OTHER INTERACTIONS WITH RESUMESEE, EVEN IF RESUMESEE OR A RESUMESEE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RESUMESEE\\\'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL RESUMESEE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF RESUMESEE ONLINE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER RESUMESEE ONLINE MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING RESUMESEE ONLINE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN RESUMESEE AND RECEIVED THROUGH OR ADVERTISED ON RESUMESEE ONLINE OR RECEIVED THROUGH ANY LINKS PROVIDED ON RESUMESEE ONLINE. 19. Miscellaneous. 1. Notice. Notice. Except as explicitly stated otherwise, legal notices will be served on ResumeSee\\\'s national registered agent or to the email address you provide to ResumeSee during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through ResumeSee Online. In such case, notice will be deemed given three days after the date of mailing. 2. Waiver. The failure of ResumeSee to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ResumeSee. 3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. 4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or ResumeSee will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. 5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 6. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ResumeSee without restriction. 7. Survival. Sections 7 and 14 through 19 will survive any termination of these Terms. 8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. 9. Entire Agreement. This is the entire agreement between you and ResumeSee relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by ResumeSee as set forth in Section 3 above. 10. Claims. YOU AND RESUMESEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO RESUMESEE ONLINE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 11. Disclosures. The services hereunder are offered by ResumeSee Interactive, Inc., located at: PO Box 612680, San Jose, CA 95161-2680. You can also contact us through our Contact Us webform. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
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