1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a Member is any person who accesses the Site for whatever purpose, regardless of whether such Member has registered with Resume-Surgeon.com as a registered user or whether such Member is a paying customer for a specific service provided by Resume-Surgeon.com. A Member includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a Member, and you shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use or subscribe to this Site.
1.3 Resume-Surgeon.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Resume-Surgeon.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorised employee of Resume-Surgeon.com.
2. Subscription Services
2.1 Access to the Site, resume tool, content and services are provided to all Members with different levels of service for the different subscription levels. Once an actively subscribing Member cancels their subscription Resume-Surgeon.com reserves the right, without prior notice, to restrict or prevent access to certain areas, services or features of the Site.
2.2 Resume-Surgeon.com reserves the right to deny service and access to any Member for whatever reason in order to protect Resume-Surgeon.com’s interests.
3. Membership Charges and Special Promotions
3.1 To gain access to the Site’s full services and content a Member must subscribe to the Site.
3.2 Standard Site membership/subscription charges are $14.95 per month. Resume-Surgeon.com reserves the right to change this amount without giving prior notice to the Member. However once a Member has subscribed they will remain on the payment terms/values they subscribed to until they cancel or upgrade their membership – i.e. they will be unaffected by future subscription fee changes unless they request a service level change.
3.3 From time to time the Site may run special promotions offering membership/subscription at a cheaper price for a limited promotional period. If the subscribing Member does not cancel at least one working day prior to the end of the promotional period the Member will then be automatically charged the standard subscription rate on a monthly basis until they cancel their membership/subscription to the Site.
4.1 To terminate their membership/subscription to the Site the subscribing Member must visit the self cancellation page found at this Link. If they do not receive a successful cancellation confirmation, the user must contact support to complete their cancellation. If the Member subscribed to the Site using their PayPal account the Member can unsubscribe/cancel using the account management facility in their PayPal login area.
4.2 In order to avoid any pending subscription charges the Member must cancel at least one working day before their next payment is due or one working day before any promotional offer ends (refer to Section 3.3 for details).
5. Members Generally
5.1 Each Member agrees that they shall not copy, reproduce or download any information, text, images, files, databases, code or listings available on or through the Site (the "Resume-Surgeon Content") for the purpose of re-selling or re-distributing the Resume-Surgeon.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Resume-Surgeon.com, or otherwise commercially exploiting the Resume-Surgeon.com Content. Systematic retrieval of Resume-Surgeon.com Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Resume-Surgeon.com is strictly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is also prohibited.
5.2 Resume-Surgeon.com may allow Members access to content, products or services offered by third parties through hyperlinks to such third party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites. The Member acknowledges that Resume-Surgeon.com has no control over such third party’s web site, does not monitor such sites, and Resume-Surgeon.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
5.3 Messages or information sent by a Member through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 6.4 below.
5.4 Resume-Surgeon.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Members, or to change any of the features or introduce new features without prior notice. Each Member acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on their resume. Each Member hereby agrees that in no event shall Resume-Surgeon.com be liable to the Member or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
5.5 No Member shall undertake any scheme to undermine the integrity of the computer systems or networks used by Resume-Surgeon.com and/or any other Member and no Member shall attempt to gain unauthorised access to such computer systems or networks.
6. Subscribing Members
6.1 For terms applicable to non-subscribing Members refer to section 7 of this Agreement
6.2 Each Member who has paid for Site access and filled out an on-line registration form on the Site by giving their information (such as name, address, telephone and fax number, email address etc.) is a subscribing member of Resume-Surgeon.com (a "Subscribing Member"). Resume-Surgeon.com will establish an account ("Account") for each Subscribing Member and each Subscribing Member will be assigned a user alias, ("Member ID") normally the Member’s subscribing email address and password ("Password") for log-in access to their own Account.
6.3 Resume-Surgeon.com may suspend or terminate a Subscribing Member’s Account at any time by giving no less than 24-hour notice to the Subscribing Member; provided, however, that notice is not required for such termination if:
1. In Resume-Surgeon.com’s determination, there is any breach of the provisions of this Agreement by the Subscribing Member; or
2. Resume-Surgeon.com has reasonable grounds to suspect that such information provided by a Subscribing Member is untrue, inaccurate or is not current or complete.
3. Resume-Surgeon.com believes that the Subscribing Member’s actions may cause financial loss or legal liability to such Subscribing Member, Resume-Surgeon.com’s other Members, or Resume-Surgeon.com or its affiliates.
6.4 A Subscribing Member may not use our services for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, a Subscribing Member shall not publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence. Each incident breaching this term will result in the immediate suspension of the Subscribing Member’s account, and in a charge of $50.00 for each incident breaching this term.
6.5 A Subscribing Member may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, Member ID or Password to a third party without the prior written consent of Resume-Surgeon.com. Resume-Surgeon.com may suspend or terminate the Account of a Subscribing Member or the transferee of a Subscribing Member in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
6.6 Resume-Surgeon.com may refuse registration and deny the issuance of an Account and associated Member ID and Password to any Member for any reason.
6.7 All Subscribing Members agree to receive occasional service update emails. These emails are sent to inform registered users of the latest updates to our service. A Subscribing Member agrees to receive these emails as part of the service.
7. Limitation of Liability
7.1 The features and services on the Resume-Surgeon.com site are provided on an "as is" and "as available" basis, and Resume-Surgeon.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
7.2 Resume-Surgeon.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. Resume-Surgeon.com does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and Resume-Surgeon.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Resume-Surgeon.com site.
7.3 Any material downloaded or otherwise obtained through the Site is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Resume-Surgeon.com or through or from the Site shall create any warranty not expressly stated herein.
7.4 Under no circumstances shall Resume-Surgeon.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 Each Member hereby agrees to indemnify and save Resume-Surgeon.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member’s use of the Site (including but not limited to the display of such Member’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each Member hereby further agrees to indemnify and save Resume-Surgeon.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member’s breach of any representations and warranties made by Member to Resume-Surgeon.com, including but not limited to those set forth in Sections 8.3, 8.4 and 8.5 above. Each Member hereby further agrees to indemnify and save Resume-Surgeon.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each Member hereby further agrees that Resume-Surgeon.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. Resume-Surgeon.com reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Resume-Surgeon.com in asserting any available defenses.
7.6 Resume-Surgeon.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
i. the use or the inability to use the Site;
ii. any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;
iii. violation of Third Party Rights or claims or demands that Members’ manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
iv. unauthorised access by third parties to data or private information of any Member;
v. statements or conduct of any Member of the Site
8. Intellectual Property Rights
8.1 Resume-Surgeon.com is the sole owner or lawful licensee of all the rights to the Site and the Resume-Surgeon.com Content. The Site and Resume-Surgeon.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Resume-Surgeon.com Content shall remain with Resume-Surgeon.com, its affiliates or licensors of the Resume-Surgeon.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Resume-Surgeon.com are hereby reserved.
8.2 "Resume-Surgeon.COM" and related icons and logos are trademarks or service marks of Resume-Surgeon.com and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
9. Trading Terms
9.1 Resume-Surgeon.com is run and managed by its holding company Asprilla Limited.
9.2 If a Member subscribes to any of the Site’s services Asprilla Limited may appear on their respective bill/bank statement as this is Resume-Surgeon.com’s holding company.
10.1 All notices or demands to or upon Resume-Surgeon.com shall be effective if in writing and shall be duly made when sent to Resume-Surgeon.com in the following manner: to Resume-Surgeon.com, C/O Asprilla Limited, Suite 13150, 145-157 St John Street, London, EC1V 4PY.
10.2 All notices or demands to or upon a Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the Member to Resume-Surgeon.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a Member shall be deemed to be received by such Member if and when:
i. Resume-Surgeon.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member, or
ii. Immediately upon Resume-Surgeon.com’s posting such notice on an area of the Site that is publicly accessible without charge.
11.2 Resume-Surgeon.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
11.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 Resume-Surgeon.com’s failure to enforce any right or failure to act with respect to any breach by a Member under these terms and conditions will not waive that right nor waives Resume-Surgeon.com’s right to act with respect with subsequent or similar breaches.
11.6 Resume-Surgeon.com shall have the right to assign its obligations and duties in this Agreement to any person or entity.
11.7 This Agreement shall be governed by and interpreted in accordance with English law. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
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