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Terms of Service/User Agreement
Terms of Use/User Agreement Last Updated: August 28, 2011
The terms used in this agreement and/or any other materials for privacy policy and/or for marketing materials, “website” “StandOut Resume,” “StandOut Resume, LLC”, “standoutresume.net,” and “ARG Group, LLC” or any other trade names associated with “ARG Group, LLC or it’s directors, employees, shareholders, are used interchangeably and refer to the company, subsidiaries, holding company, entity, website, and the online forum. By using our website, you automatically agree to and must abide by the terms set forth herein. If you don’t agree to all of the terms, please exercise your right to not use our website. We reserve the right to amend the terms in all or part at any time, so please check back to this section every time before you use the site, in case something has been changed, amended, or altered. Your use of our website after a change in the terms constitutes that you accept and will abide by the changes. For purposes of this Provision, “you” refers to the end user, and includes and/or anyone using or visiting the website, are entering into a binding legal Contract with “us” which includes ARG Group, LLC, the Website, its parent or subsidiary companies and their affiliates, and their respective directors, agents, principal owners, officers, employees, beneficiaries, agents and assigns of you and us. For purposes of this Provision, “Claim” means any claim, dispute, or controversy by you, arising out of or relating in any way to this Contract, this Provision (including claims regarding the applicability, enforceability, or validity of this Provision) your use of the service and/or Website, any and all interactions and/or communications between you and other members of the Website, and your relationship with us. “Claim” also refers to any interaction or communication between you and us that occurred prior to or concurrent with entering into this Contract, including those now in existence, regardless of present knowledge. “Claim” shall refer to claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims. All Claims are subject to arbitration, regardless of legal theory and remedy sought, including, but not limited to. Claims based in contract, tort (including negligence, intentional tort, fraud, and fraud in the inducement), agency, statutory law (federal and state), administrative regulations, or any other source of law (including equity).Access to the standoutresume.net Website
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the standoutresume.net Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the website.
By accessing and/or using standoutresume.net, you agree that you will not:
(1) Restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) Post or transmit any information, software or other material which contains a virus or other harmful component;
(5) Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the website.
(6) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(7) Violate any operating rule, policy or guideline of your Internet access provider or online service.
No Guarantees of Employment/Job Search Success
You acknowledge that StandOut Resume, LLC cannot guarantee and makes no reference to nor implies that you will secure full, part time, temporary, or permanent employment by using any and all of our services. Furthermore, we cannot and will not be held responsible should you be unable to secure employment after using and/or paying for any or all of our services. The burden of securing employment rests solely on you and your efforts alone.
Information You Supply To Us
Any and all information, such as but not limited to comments, suggestions, ideas, graphics, photographs, and remarks that you distribute either online through the website, via the telephone, via facsimile, in person or by any other means to any employee of our company automatically will become and remain our property, even if the agreement is terminated at a later date. This is true unless it is protected by the terms of our privacy policy. Confidentially of your submission is waived by you as well as any rights to monetary compensation for your submissions. Furthermore, you and only you have the full responsibility for your message and verbiage. This includes but is not limited to its legality, accuracy, completeness, any omissions, origins, and copyright. We reserve the right to use your submissions in the best interest of the company in anyway we feel is appropriate.
Your Responsibilities for the Accuracy of Information that You Supply to Us
Any and all information that you supply to StandOut Resume, LLC including, but not limited to (dates of employment, reason for leaving previous employers, job descriptions, and duties, job titles, performance on the job, awards, education dates, schools and colleges attended, degrees, certificates, licenses, and diplomas earned, and all other information supplied by you in part and whole) is accepted at face value, and StandOut Resume, LLC does not and will not engage in verifying the validity of such information supplied. Under no circumstances shall StandOut Resume, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, independent contractors, or licensors, be liable to you or any other third party nor be held accountable for the accuracy of and/or omission of pertinent information including but not limited to the product and services that StandOut Resume, LLC produces for you. It is YOUR SOLE RESPONSIBILITY to provide StandOut Resume, LLC with accurate, honest, detailed, and complete information regarding your complete career and background, and by using our service, you agree to take full responsibility for the information you supply and agree to hold StandOut Resume, LLC harmless for all or in part of the accuracy of finished products, the content of resulting products and services delivered by StandOut Resume, LLC to you, and any and all claims regarding the content or accuracy of the finished products and services that you receive or will receive at any time.
Use Restrictions of Our Website Content
All of the online material located on this website, including, without limitation, software, text, logos, names, service marks, trademarks, trade names, photos and images, illustrations, audio and video clips, chimes, and music are copyrighted intellectual property. All usage rights are owned and controlled by ARG Group, LLC. Users may download these items for non-commercial, personal use with the contingency that you 1) do not attempt to, intend to, or modify the materials and online content in any way, 2) retain all trademarks, copyrights, and propriety notices, 3) these materials and resources are not used in a way that may be interpreted as an association with any of our events, brands, image, products, or services, and 4) these materials and resources are not downloaded to an outside database, computer (personal or business) or server with the intention or consequence of using them for commercial purposes or gain. You are not permitted to reproduce, republish, upload, distribute, post, transmit, or copy the materials and resources for any purpose and in any way or format without our written, signed and notarized permission first. You may not attempt to modify the online material or defeat/circumvent our security features. Furthermore, you may not change, distort, add, omit, delete, nor misrepresent any material content on the standoutresume.net website. All material that is downloaded by you including all software and files, images and graphics, and all data accompanying it, will be construed as licensed to you by ARG Group, LLC or 3rd party licensors for your home use only in a non-commercial aspect and utilization. You will be entitled to no transfer of title to the software, and ARG Group, LLC retains full and complete title to the software and notwithstanding to all of the associated intellectual-property rights. You are strictly prohibited from any redistribution or from selling the online content and material described herein to a reverse-engineer, or otherwise disassemble or convert it to anther format that can be used by others.
Hyper-Links and Contact Information to Outside Websites and Companies
We commonly provide links to various World Wide Web sites in 3 forms. Either as a banner ad on our homepage or other pages, as a link, or as general contact information provided by other companies on the Website. These types of links and contact information should never be assumed to be an endorsement, approval, nor agreement with any information, claims, or agreement with any and all information, resources, or business practices offered at sites or by companies that you can access from our website. In the event that you are unsure whether you are in our website or in another site, please be sure to check the Uniform Resource Locator (URL) address. This will tell you if you are in the standoutresume.net Website, or you have moved to another company’s site. ARG Group, LLC and/or StandOut Resume, LLC is not responsible for the business practices, content, usefulness, or validity of 3rd party sites even if there is a hyper-link form our website. Any and all approved links must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any StandOut Resume, LLC site or sponsorship, endorsement, or support of ARG Group, LLC, including its respective owners, shareholders, employees, agents or directors. You understand that except for Content, products or services expressly available on the website, neither ARG Group, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of nor controlled by ARG Group, LLC. ARG Group, LLC neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from standoutresume.net, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither ARG Group, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from standoutresume.net or your inability to access the Internet or any site linked to or from standoutresume.net.
Content Provided by Users
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the website only content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to ARG Group, LLC the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit ARG Group, LLC to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
Interactive Areas
You acknowledge that standoutresume.net may include various interactive user areas ("User Areas"), including but not limited to blogs, sponsors, chat, and forums. You further understand that StandOut Resume, LLC does not control the messages, information, or files delivered to such User Areas. However, neither StandOut Resume, LLC, nor its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any User Area. Your use and/or management of a User Area will be governed by this Agreement and any additional rules or operating procedures of any User Area established by you or another User, as applicable. You recognize that StandOut Resume, LLC cannot, and does not intend to screen communications in advance. StandOut Resume, LLC cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in a User Area, and is not responsible for screening, policing, editing, reviewing or monitoring any Content in a User Area. Notwithstanding the above, you agree that StandOut Resume, LLC has the right to monitor any User Area, including communications submitted to the company by users, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the User Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, ARG Group, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. We reserve the right to prohibit conduct, communication or Content within a User Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written policy in effect at that time, (ii) be harmful to the rights of any User, StandOut Resume, LLC, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of StandOut Resume, LLC in operating the website, or any change in Content, is for you to discontinue accessing the website. StandOut Resume, LLC may terminate or temporarily suspend your access to all or any part of the website, without notice, for conduct that StandOut Resume, LLC believes is a violation of this Agreement or any policies or guidelines posted by StandOut Resume, LLC, or for other conduct which StandOut Resume, LLC believes, in its sole discretion, is harmful to the website or other Users. StandOut Resume, LLC may discontinue operating the website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Website, including the User Areas, and the restrictions imposed on you with respect to Content downloaded from the Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions expressed on standoutresume.net. It is the policy of StandOut Resume, LLC not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF standoutresume.net IS AT YOUR SOLE RISK. NEITHER ARG GROUP, LLC, NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, WEBSITES OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT STANDOUTRESUME.NET OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STANDOUTRESUME.NET OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH STANDOUTRESUME.NET OR ANY SITE LINKED TO OR FROM THE WEBSITE. STANDOUTRESUME.NET IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Under no circumstances shall StandOut Resume, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable for any incidental, special or consequential damages under or arising from this agreement, standoutresume.net, or any internet site linked to or from the website, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records. Under no circumstances shall StandOut Resume, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the website or the content contained within any internet site linked to or from the website. The content within standoutresume.net and the content within internet sites linked to or from the website may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of standoutresume.net and specifically are included in this section agreement. StandOut Resume, LLC and its contributors may make improvements and/or changes in the content at any time and from time to time. You specifically acknowledge and agree that StandOut Resume, LLC is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any of the website content, or with the access agreement of StandOut Resume, LLC, in whole or in part, your sole and exclusive remedy is to discontinue using StandOut Resume, LLC. StandOut Resume, LLC will not be liable for any damages, including punitive damages and consequential damages, or injury that accompany or result from your use of any of its websites or services/products. This includes (but is not limited to) damages or injury caused by any of the following: Use of (or inability to use) the website, which includes failure of our site to perform in the manner you expected or desired, defects in our site, services, and/or products including any errors, or interruptions of any kind. This also includes delays on operation or omissions on our site, and interruptions to line failures or virus that may affect your computer system. StandOut Resume, LLC is not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Exception: Certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages. If you reside in one of these states, the aforementioned limitation would not apply to you, which means that you may have the right to recover these types of damages. With that being said, in any event, our liability to you for all damages, losses, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or those claimed under any other legal theory or similarity) will not be greater than the amount you paid, if anything, to access our website and use its services.
Indemnity and Hold Harmless Agreement
You agree to indemnify and hold StandOut Resume, LLC, its parent or subsidiary companies and their affiliates, and their respective directors, principal owners, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the website or any Internet site linked to or from standoutresume.net, or in connection with the transmission of any Content on the website.
Arbitration and Litigation
This Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and ARG Group, LLC, the Website, its parent or subsidiary companies and their affiliates, and their respective directors, principal owners, officers, employees, and agents. Arbitration is a form of private dispute-resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (an arbitrator) for a binding decision. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL DISPUTES ARISING OUT OF OR CONNECTED TO THIS CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND.OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACITONS). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.
Parties and Matters Subject to Arbitration Agreement to Arbitrate
Any Claim arising out of or relating to this Contract, or the breach thereof, shall be resolved and settled exclusively and finally by binding arbitration, in accordance with this Provision.
Voluntary Waiver of the Right to a Jury Trial and Class Action Participation
As a result of this Provision, neither you nor we have the right to litigate any Claim in court or the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration
All Claims by you shall be resolved by binding arbitration on an individual basis. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. The arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving individual Claims. UNDER THIS PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis and there is no right or authority to consolidate or join any of your Claims with any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIAPTE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PRETAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Governing Law
This Agreement to Arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any reason the Federal Arbitration Act does not apply, the substantive law of the State of Florida shall govern.
Arbitration Location and Procedure
Any arbitration at which you appear must be filed and take place in Hillsborough County Florida. You may file your claim at any of two national arbitration organizations: the National Arbitration Forum (“NAF”), or the American Arbitration Association (“AAA”). The arbitration organization that is selected will administer the arbitration pursuant to its procedures in effect at the time of the filing, subject to this Provision. In the event of a conflict or inconsistency between the respective organization’s rules and this Provision, this Provision shall govern. The arbitration will be conducted before a single arbitrator, whose authority is limited solely to individual Claims between you and us. The arbitration will not be consolidated with any other arbitration proceeding. Any decision rendered in such arbitration proceeding will be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. The rules and forms of each respective organization may be obtained as follows: National Arbitration Forum, (1-800-474-2371), P.O. Box 50191, Minneapolis, Minnesota, 55405, website at www.arb-forum.com; American Arbitration Association, (1-800-778-7879), 335 Madison Avenue Floor 10, New York, NY 10017, website at www.adr.org.
Arbitrator’s Authority
The arbitrator shall apply the applicable substantive law, consistent with the Federal Arbitration Act, shall apply statutes of limitation; and shall honor claims of privilege recognized at law. In conduction the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. PURSUANT TO THIS ARBITRATION PROVISION, THERE IS NO RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF THE RESPECTIVE CHOSEN NATIONAL ARBITRAL ORGANIZATION. Either party may, however, request to expand the scope of discovery. If a request is made, within fifteen (15) days of the requesting party’s notice, the objecting party may submit objections to the arbitrator with a copy of the objections provided to the party requesting expansion. The grant or denial of a party’s request will be in the sole discretion of the arbitrator, who shall notify the parties of the final decision within twenty (20) days of the objecting party’s submission.
The Arbitrator’s Award
The arbitrator has the ability to award to the prevailing party all remedies available at common law, by statute, or in equity, including injunctive relief, declaratory relief, arbitration costs and attorney fees. In no event nor under any circumstances, will StandOut Resume, LLC, the Website, its parent or subsidiary companies and their affiliates, and their respective directors, agents, principal owners, officers, employees, beneficiaries, agents and assigns be held liable for damages in excess of your total cost of services paid to StandOut Resume, LLC. PURSUANT TO THIS ARBITRATION PROVISION, YOU WAIVE ALL RIGHTS TO COLLECTING DAMAGES IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS CONTRACT IN EXCESS OF THE TOTAL AMOUNT YOU HAVE PAID FOR SERVICES TO STANDOUT RESUME, LLC. In addition, the arbitrator shall not have authority to award any punitive damages. YOU AGREE THAT PUNITIVE DAMAGES ARE NOT RECOVERABLE IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS CONTRACT. Upon rendering a decision, the arbitrator shall provide a brief written explanation of the basis for the award.
Expenses
You will pay for all expenses of arbitration, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his or her own attorney fees and expenses, such as witness and expert witness fees. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration.
Binding Effect and Survival
You and we agree that, except as specifically provided for above, the arbitrator’s decision will be final and binding on all parties subject to this Provision. This Provision is binding upon you, and the heirs, successors, assigns, and related third parties of you. This Provision shall survive termination of your account, whether it is through voluntary or involuntary termination by you or us.
Account Cancellations and Refunds
You may cancel your account and all services at any time. However, our policy is to not grant refunds of any money paid or any portion thereof under any circumstances. However, in the rare instance that you are not satisfied with the products and/or services that you received, we will do our best to provide a resolution. We are always willing to rewrite your resume in a different format at no charge and as many times as needed. Perhaps working with a different resume writer will solve the issue. Again at no additional charge. As you can see, there are other options available to you. If you are not satisfied for any reason, please contact us by using the contact us form on the homepage and we will do our best to rectify the situation to your complete satisfaction. We pride ourselves on 100% customer satisfaction, so please do not hesitate to contact us for a mutually beneficial remedy.
Involuntary Exposure to Unwanted/Unsolicited Spam Email
Even with firewalls and on a secure website, it also is a possibility that others may obtain personal information about you in the course of your using the website. It is also possible that individuals may utilize this information to harass, abuse, cause injury to your person or property, or use this information to “steal your identity”. ARG Group, LLC is not responsible for the use or misuse of any personal information that you choose to disclose on the Website or through electronic or through any means of correspondence. We advise you to very carefully scrutinize the type and nature of information that you reveal or submit on the Website especially through 3rd party links or release to others using you own due diligence.
Miscellaneous
This Agreement comprises the entire agreement between ARG Group, LLC and you, and supersedes any prior agreements with respect to the subject matter herein. ARG Group, LLC may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting notice of such revision prominently on the website. You agree to review this Agreement before each use, session, and before accessing the website or communicating with or interacting with any Users of the website to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing standoutresume.net and using its services and products. Your continued accessing and use of the website following notice of any such revision shall conclusively be deemed acceptance of all such revisions. All Provisions of this Contract shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions of the Provision, the Contract, or any other agreement entered into by you with us will continue in full force and effect. However, the prohibition on class arbitration is not severable from the remainder of this Provision. The failure of ARG Group, LLC to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The laws of the state of Florida shall govern this Agreement, excluding its conflict of laws rules, and you and ARG Group, LLC each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from standoutresume.net have been done strictly for clarification and identification and does not constitute endorsement by StandOut Resume, LLC of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of ARG Group, LLC by such trademark, service mark or link owner.
The terms used in this agreement and/or any other materials for privacy policy and/or for marketing materials, “website” “StandOut Resume,” “StandOut Resume, LLC”, “standoutresume.net,” and “ARG Group, LLC” or any other trade names associated with “ARG Group, LLC or it’s directors, employees, shareholders, are used interchangeably and refer to the company, subsidiaries, holding company, entity, website, and the online forum. By using our website, you automatically agree to and must abide by the terms set forth herein. If you don’t agree to all of the terms, please exercise your right to not use our website. We reserve the right to amend the terms in all or part at any time, so please check back to this section every time before you use the site, in case something has been changed, amended, or altered. Your use of our website after a change in the terms constitutes that you accept and will abide by the changes. For purposes of this Provision, “you” refers to the end user, and includes and/or anyone using or visiting the website, are entering into a binding legal Contract with “us” which includes ARG Group, LLC, the Website, its parent or subsidiary companies and their affiliates, and their respective directors, agents, principal owners, officers, employees, beneficiaries, agents and assigns of you and us. For purposes of this Provision, “Claim” means any claim, dispute, or controversy by you, arising out of or relating in any way to this Contract, this Provision (including claims regarding the applicability, enforceability, or validity of this Provision) your use of the service and/or Website, any and all interactions and/or communications between you and other members of the Website, and your relationship with us. “Claim” also refers to any interaction or communication between you and us that occurred prior to or concurrent with entering into this Contract, including those now in existence, regardless of present knowledge. “Claim” shall refer to claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims. All Claims are subject to arbitration, regardless of legal theory and remedy sought, including, but not limited to. Claims based in contract, tort (including negligence, intentional tort, fraud, and fraud in the inducement), agency, statutory law (federal and state), administrative regulations, or any other source of law (including equity).Access to the standoutresume.net Website
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the standoutresume.net Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the website.
By accessing and/or using standoutresume.net, you agree that you will not:
(1) Restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) Post or transmit any information, software or other material which contains a virus or other harmful component;
(5) Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the website.
(6) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(7) Violate any operating rule, policy or guideline of your Internet access provider or online service.
No Guarantees of Employment/Job Search Success
You acknowledge that StandOut Resume, LLC cannot guarantee and makes no reference to nor implies that you will secure full, part time, temporary, or permanent employment by using any and all of our services. Furthermore, we cannot and will not be held responsible should you be unable to secure employment after using and/or paying for any or all of our services. The burden of securing employment rests solely on you and your efforts alone.
Information You Supply To Us
Any and all information, such as but not limited to comments, suggestions, ideas, graphics, photographs, and remarks that you distribute either online through the website, via the telephone, via facsimile, in person or by any other means to any employee of our company automatically will become and remain our property, even if the agreement is terminated at a later date. This is true unless it is protected by the terms of our privacy policy. Confidentially of your submission is waived by you as well as any rights to monetary compensation for your submissions. Furthermore, you and only you have the full responsibility for your message and verbiage. This includes but is not limited to its legality, accuracy, completeness, any omissions, origins, and copyright. We reserve the right to use your submissions in the best interest of the company in anyway we feel is appropriate.
Your Responsibilities for the Accuracy of Information that You Supply to Us
Any and all information that you supply to StandOut Resume, LLC including, but not limited to (dates of employment, reason for leaving previous employers, job descriptions, and duties, job titles, performance on the job, awards, education dates, schools and colleges attended, degrees, certificates, licenses, and diplomas earned, and all other information supplied by you in part and whole) is accepted at face value, and StandOut Resume, LLC does not and will not engage in verifying the validity of such information supplied. Under no circumstances shall StandOut Resume, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, independent contractors, or licensors, be liable to you or any other third party nor be held accountable for the accuracy of and/or omission of pertinent information including but not limited to the product and services that StandOut Resume, LLC produces for you. It is YOUR SOLE RESPONSIBILITY to provide StandOut Resume, LLC with accurate, honest, detailed, and complete information regarding your complete career and background, and by using our service, you agree to take full responsibility for the information you supply and agree to hold StandOut Resume, LLC harmless for all or in part of the accuracy of finished products, the content of resulting products and services delivered by StandOut Resume, LLC to you, and any and all claims regarding the content or accuracy of the finished products and services that you receive or will receive at any time.
Use Restrictions of Our Website Content
All of the online material located on this website, including, without limitation, software, text, logos, names, service marks, trademarks, trade names, photos and images, illustrations, audio and video clips, chimes, and music are copyrighted intellectual property. All usage rights are owned and controlled by ARG Group, LLC. Users may download these items for non-commercial, personal use with the contingency that you 1) do not attempt to, intend to, or modify the materials and online content in any way, 2) retain all trademarks, copyrights, and propriety notices, 3) these materials and resources are not used in a way that may be interpreted as an association with any of our events, brands, image, products, or services, and 4) these materials and resources are not downloaded to an outside database, computer (personal or business) or server with the intention or consequence of using them for commercial purposes or gain. You are not permitted to reproduce, republish, upload, distribute, post, transmit, or copy the materials and resources for any purpose and in any way or format without our written, signed and notarized permission first. You may not attempt to modify the online material or defeat/circumvent our security features. Furthermore, you may not change, distort, add, omit, delete, nor misrepresent any material content on the standoutresume.net website. All material that is downloaded by you including all software and files, images and graphics, and all data accompanying it, will be construed as licensed to you by ARG Group, LLC or 3rd party licensors for your home use only in a non-commercial aspect and utilization. You will be entitled to no transfer of title to the software, and ARG Group, LLC retains full and complete title to the software and notwithstanding to all of the associated intellectual-property rights. You are strictly prohibited from any redistribution or from selling the online content and material described herein to a reverse-engineer, or otherwise disassemble or convert it to anther format that can be used by others.
Hyper-Links and Contact Information to Outside Websites and Companies
We commonly provide links to various World Wide Web sites in 3 forms. Either as a banner ad on our homepage or other pages, as a link, or as general contact information provided by other companies on the Website. These types of links and contact information should never be assumed to be an endorsement, approval, nor agreement with any information, claims, or agreement with any and all information, resources, or business practices offered at sites or by companies that you can access from our website. In the event that you are unsure whether you are in our website or in another site, please be sure to check the Uniform Resource Locator (URL) address. This will tell you if you are in the standoutresume.net Website, or you have moved to another company’s site. ARG Group, LLC and/or StandOut Resume, LLC is not responsible for the business practices, content, usefulness, or validity of 3rd party sites even if there is a hyper-link form our website. Any and all approved links must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any StandOut Resume, LLC site or sponsorship, endorsement, or support of ARG Group, LLC, including its respective owners, shareholders, employees, agents or directors. You understand that except for Content, products or services expressly available on the website, neither ARG Group, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of nor controlled by ARG Group, LLC. ARG Group, LLC neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from standoutresume.net, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither ARG Group, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from standoutresume.net or your inability to access the Internet or any site linked to or from standoutresume.net.
Content Provided by Users
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the website only content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to ARG Group, LLC the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit ARG Group, LLC to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
Interactive Areas
You acknowledge that standoutresume.net may include various interactive user areas ("User Areas"), including but not limited to blogs, sponsors, chat, and forums. You further understand that StandOut Resume, LLC does not control the messages, information, or files delivered to such User Areas. However, neither StandOut Resume, LLC, nor its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any User Area. Your use and/or management of a User Area will be governed by this Agreement and any additional rules or operating procedures of any User Area established by you or another User, as applicable. You recognize that StandOut Resume, LLC cannot, and does not intend to screen communications in advance. StandOut Resume, LLC cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in a User Area, and is not responsible for screening, policing, editing, reviewing or monitoring any Content in a User Area. Notwithstanding the above, you agree that StandOut Resume, LLC has the right to monitor any User Area, including communications submitted to the company by users, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the User Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, ARG Group, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. We reserve the right to prohibit conduct, communication or Content within a User Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written policy in effect at that time, (ii) be harmful to the rights of any User, StandOut Resume, LLC, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of StandOut Resume, LLC in operating the website, or any change in Content, is for you to discontinue accessing the website. StandOut Resume, LLC may terminate or temporarily suspend your access to all or any part of the website, without notice, for conduct that StandOut Resume, LLC believes is a violation of this Agreement or any policies or guidelines posted by StandOut Resume, LLC, or for other conduct which StandOut Resume, LLC believes, in its sole discretion, is harmful to the website or other Users. StandOut Resume, LLC may discontinue operating the website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Website, including the User Areas, and the restrictions imposed on you with respect to Content downloaded from the Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions expressed on standoutresume.net. It is the policy of StandOut Resume, LLC not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF standoutresume.net IS AT YOUR SOLE RISK. NEITHER ARG GROUP, LLC, NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, WEBSITES OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT STANDOUTRESUME.NET OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STANDOUTRESUME.NET OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH STANDOUTRESUME.NET OR ANY SITE LINKED TO OR FROM THE WEBSITE. STANDOUTRESUME.NET IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Under no circumstances shall StandOut Resume, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable for any incidental, special or consequential damages under or arising from this agreement, standoutresume.net, or any internet site linked to or from the website, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records. Under no circumstances shall StandOut Resume, LLC, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the website or the content contained within any internet site linked to or from the website. The content within standoutresume.net and the content within internet sites linked to or from the website may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of standoutresume.net and specifically are included in this section agreement. StandOut Resume, LLC and its contributors may make improvements and/or changes in the content at any time and from time to time. You specifically acknowledge and agree that StandOut Resume, LLC is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any of the website content, or with the access agreement of StandOut Resume, LLC, in whole or in part, your sole and exclusive remedy is to discontinue using StandOut Resume, LLC. StandOut Resume, LLC will not be liable for any damages, including punitive damages and consequential damages, or injury that accompany or result from your use of any of its websites or services/products. This includes (but is not limited to) damages or injury caused by any of the following: Use of (or inability to use) the website, which includes failure of our site to perform in the manner you expected or desired, defects in our site, services, and/or products including any errors, or interruptions of any kind. This also includes delays on operation or omissions on our site, and interruptions to line failures or virus that may affect your computer system. StandOut Resume, LLC is not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Exception: Certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages. If you reside in one of these states, the aforementioned limitation would not apply to you, which means that you may have the right to recover these types of damages. With that being said, in any event, our liability to you for all damages, losses, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or those claimed under any other legal theory or similarity) will not be greater than the amount you paid, if anything, to access our website and use its services.
Indemnity and Hold Harmless Agreement
You agree to indemnify and hold StandOut Resume, LLC, its parent or subsidiary companies and their affiliates, and their respective directors, principal owners, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the website or any Internet site linked to or from standoutresume.net, or in connection with the transmission of any Content on the website.
Arbitration and Litigation
This Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and ARG Group, LLC, the Website, its parent or subsidiary companies and their affiliates, and their respective directors, principal owners, officers, employees, and agents. Arbitration is a form of private dispute-resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (an arbitrator) for a binding decision. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL DISPUTES ARISING OUT OF OR CONNECTED TO THIS CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND.OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACITONS). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.
Parties and Matters Subject to Arbitration Agreement to Arbitrate
Any Claim arising out of or relating to this Contract, or the breach thereof, shall be resolved and settled exclusively and finally by binding arbitration, in accordance with this Provision.
Voluntary Waiver of the Right to a Jury Trial and Class Action Participation
As a result of this Provision, neither you nor we have the right to litigate any Claim in court or the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration
All Claims by you shall be resolved by binding arbitration on an individual basis. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. The arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving individual Claims. UNDER THIS PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis and there is no right or authority to consolidate or join any of your Claims with any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIAPTE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PRETAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Governing Law
This Agreement to Arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any reason the Federal Arbitration Act does not apply, the substantive law of the State of Florida shall govern.
Arbitration Location and Procedure
Any arbitration at which you appear must be filed and take place in Hillsborough County Florida. You may file your claim at any of two national arbitration organizations: the National Arbitration Forum (“NAF”), or the American Arbitration Association (“AAA”). The arbitration organization that is selected will administer the arbitration pursuant to its procedures in effect at the time of the filing, subject to this Provision. In the event of a conflict or inconsistency between the respective organization’s rules and this Provision, this Provision shall govern. The arbitration will be conducted before a single arbitrator, whose authority is limited solely to individual Claims between you and us. The arbitration will not be consolidated with any other arbitration proceeding. Any decision rendered in such arbitration proceeding will be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. The rules and forms of each respective organization may be obtained as follows: National Arbitration Forum, (1-800-474-2371), P.O. Box 50191, Minneapolis, Minnesota, 55405, website at www.arb-forum.com; American Arbitration Association, (1-800-778-7879), 335 Madison Avenue Floor 10, New York, NY 10017, website at www.adr.org.
Arbitrator’s Authority
The arbitrator shall apply the applicable substantive law, consistent with the Federal Arbitration Act, shall apply statutes of limitation; and shall honor claims of privilege recognized at law. In conduction the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. PURSUANT TO THIS ARBITRATION PROVISION, THERE IS NO RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF THE RESPECTIVE CHOSEN NATIONAL ARBITRAL ORGANIZATION. Either party may, however, request to expand the scope of discovery. If a request is made, within fifteen (15) days of the requesting party’s notice, the objecting party may submit objections to the arbitrator with a copy of the objections provided to the party requesting expansion. The grant or denial of a party’s request will be in the sole discretion of the arbitrator, who shall notify the parties of the final decision within twenty (20) days of the objecting party’s submission.
The Arbitrator’s Award
The arbitrator has the ability to award to the prevailing party all remedies available at common law, by statute, or in equity, including injunctive relief, declaratory relief, arbitration costs and attorney fees. In no event nor under any circumstances, will StandOut Resume, LLC, the Website, its parent or subsidiary companies and their affiliates, and their respective directors, agents, principal owners, officers, employees, beneficiaries, agents and assigns be held liable for damages in excess of your total cost of services paid to StandOut Resume, LLC. PURSUANT TO THIS ARBITRATION PROVISION, YOU WAIVE ALL RIGHTS TO COLLECTING DAMAGES IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS CONTRACT IN EXCESS OF THE TOTAL AMOUNT YOU HAVE PAID FOR SERVICES TO STANDOUT RESUME, LLC. In addition, the arbitrator shall not have authority to award any punitive damages. YOU AGREE THAT PUNITIVE DAMAGES ARE NOT RECOVERABLE IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS CONTRACT. Upon rendering a decision, the arbitrator shall provide a brief written explanation of the basis for the award.
Expenses
You will pay for all expenses of arbitration, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his or her own attorney fees and expenses, such as witness and expert witness fees. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration.
Binding Effect and Survival
You and we agree that, except as specifically provided for above, the arbitrator’s decision will be final and binding on all parties subject to this Provision. This Provision is binding upon you, and the heirs, successors, assigns, and related third parties of you. This Provision shall survive termination of your account, whether it is through voluntary or involuntary termination by you or us.
Account Cancellations and Refunds
You may cancel your account and all services at any time. However, our policy is to not grant refunds of any money paid or any portion thereof under any circumstances. However, in the rare instance that you are not satisfied with the products and/or services that you received, we will do our best to provide a resolution. We are always willing to rewrite your resume in a different format at no charge and as many times as needed. Perhaps working with a different resume writer will solve the issue. Again at no additional charge. As you can see, there are other options available to you. If you are not satisfied for any reason, please contact us by using the contact us form on the homepage and we will do our best to rectify the situation to your complete satisfaction. We pride ourselves on 100% customer satisfaction, so please do not hesitate to contact us for a mutually beneficial remedy.
Involuntary Exposure to Unwanted/Unsolicited Spam Email
Even with firewalls and on a secure website, it also is a possibility that others may obtain personal information about you in the course of your using the website. It is also possible that individuals may utilize this information to harass, abuse, cause injury to your person or property, or use this information to “steal your identity”. ARG Group, LLC is not responsible for the use or misuse of any personal information that you choose to disclose on the Website or through electronic or through any means of correspondence. We advise you to very carefully scrutinize the type and nature of information that you reveal or submit on the Website especially through 3rd party links or release to others using you own due diligence.
Miscellaneous
This Agreement comprises the entire agreement between ARG Group, LLC and you, and supersedes any prior agreements with respect to the subject matter herein. ARG Group, LLC may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting notice of such revision prominently on the website. You agree to review this Agreement before each use, session, and before accessing the website or communicating with or interacting with any Users of the website to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing standoutresume.net and using its services and products. Your continued accessing and use of the website following notice of any such revision shall conclusively be deemed acceptance of all such revisions. All Provisions of this Contract shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions of the Provision, the Contract, or any other agreement entered into by you with us will continue in full force and effect. However, the prohibition on class arbitration is not severable from the remainder of this Provision. The failure of ARG Group, LLC to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The laws of the state of Florida shall govern this Agreement, excluding its conflict of laws rules, and you and ARG Group, LLC each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from standoutresume.net have been done strictly for clarification and identification and does not constitute endorsement by StandOut Resume, LLC of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of ARG Group, LLC by such trademark, service mark or link owner.
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