Updated: September 21, 2018
This Terms of Service Agreement (the “Agreement“) is legally binding between you (“you“) and KeywestCVs (“KeywestCVs,” “we,” “us“) concerning your use of the Internet World Wide Web site currently located at keywestcvs.com (together with any successor site(s) and all Services (as defined below), the “Site”).
Please read this Terms of Service Agreement carefully. Your use of the Site (as defined below) constitutes your acceptance of an agreement to this Terms of Service Agreement.
A. Acceptance of Terms
By using the Site and accepting this Agreement, you represent and warrant to KeywestCVs that you have the right, authority and capacity to agree to and abide by this Agreement. The Site is made available by KeywestCVs subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time at our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
The Site is controlled and operated by KeywestCVs from the UK and is not intended to subject KeywestCVs to the laws or jurisdiction of any state, country or territory other than that of the UK. KeywestCVs does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.
C. General Services
The Website Services include a wide array of services relating to resume and cover letter creation and distribution, and related features and services. Some features are available to users at no charge and others require the payment of fees. Please refer to the fee schedule posted on the Website for more information. Our offerings are regularly expanding as reflected in descriptions on the Website. We appreciate feedback (see “Submissions” below) from users with suggestions as to how to improve our services.
If you have been provided a free account to our Website through one of our co-branded websites, then that free account will only apply as long as the co-branded website continues in operation. Once such co-branded website is no longer in operation, then the free account will be converted to the level of account that is offered for free to the general public through Company’s primary Website, which new free account will provide you with reduced functionality. You will be permitted at that time to upgrade your account at the prices then in effect.
D. Information Submitted On This Site
We offer optional premium paid services such as the KeywestCVs Professional CV and resume writing services. By purchasing a premium service, you agree to pay the fees associated with the product that you order. Payments will be charged when you register for the premium service and will include the premium service for the indicated period (monthly, bi-annual, or annual). You agree to pay fees during your subscription period until you cancel your subscription. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party cancels the subscription prior to the expiration of the then-current term.
You must provide us with accurate payment information is accurate and kept up to date. If the billing information provided expires, if you do not update your payment method you authorize us to charge your designated payment method for any amounts owed. You are responsible for any uncollected charges.
Descriptions and images of and references to, products or services on the Site do not imply KeywestCVs’s endorsement of such products or services. KeywestCVs reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site, including any Services, are subject to change without notice.
F. Refund Policy
Refunds and exchanges will be subject to KeywestCVs’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
G. User Representation
Regarding Your Registration
By using the Website Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and account;
- you will not allow anyone else to use your account in order to access the Website Services;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
- your use of the Website Services does not violate any applicable law or regulation.
You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and
(b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your access to the Website Services.
(c) Under no circumstances send credit and/or debit card data and other certain personally identifiable information to the Company (including Customer Service) with the exception of the last four digits of the credit and/or debit card number and the card holder’s name.
Regarding Content You Provide
The Website Services facilitate creating certain materials (e.g., resumes, cover letters, etc.) using content that you provide. Content that you transfer to the Website or otherwise use in conjunction with the Website Services may include, based upon available features, text, photographs, graphics, videos, and other types of content (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, your Contributions. You hereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights, of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company to use your Contributions as necessary in the performance of the Website Services;
- your Contributions will not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- your Contributions will not be not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, will not advocate the violent overthrow of the government of the United States, will not incite, encourage or threaten immediate physical harm against another, will not violate any applicable law, regulation, or rule, and will not violate the privacy or publicity rights of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to make available the Contribution, or
(ii) secured from your employer a waiver as to all rights in or to your Contribution;
- your Contributions will not violate any state or federal law designed to regulate electronic advertising;
- your Contributions will not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
- your Contributions will not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
- your Contributions will not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
- your Contributions will not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
- your Contributions will not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole discretion.
Regarding Use of the Website Services
The user represents and warrants that the user will use the Website Services in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telemarketing and Consumer Fraud and Abuse Prevention Act (including the Telemarketing Sales Rule and “Do Not Call” regulations), the Federal Trade Commission Act, and the CAN-SPAM Act of 2003.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement to you.
J. Rules Of Conduct
While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 17 below.
You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site: – Anything that is or may be
(a) threatening, harassing, degrading, hateful or intimidating;
(c) fraudulent or tortious;
(d) obscene, indecent, pornographic or otherwise objectionable; or
(e) protected by copyright, trademark, trade secret, right of publicity or other proprietary rights without the express prior consent of the owner of such right. – Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.” – Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. – Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation. – Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity.
- Use the Site to harvest or collect personally identifiable information about other users of the Site, except as authorized hereunder or in a separate agreement between you (or the company with which you are affiliated and on whose behalf you are undertaking such collection) and KeywestCVs.
- Impersonate any person or entity, including without limitation any representative of KeywestCVs; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.
- Create a KeywestCVs that purports to represent anyone that is not you. Examples of inappropriate and prohibited KeywestCVs include, but are not limited to, KeywestCVs that purport to represent an animal, place, inanimate object, fictional character or real individual that is not you.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services, without KeywestCVs express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without KeywestCVs’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without KeywestCVs’s express prior written consent.
K. Third Party Content and Websites
The Website may contain (or you may be sent through the Website or the Website Service) links to other websites (“Third Party Websites”). Such Third Party Websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites. Inclusion of, linking to or permitting the use or installation of any Third Party Website does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
L. Product, Pricing, and Typographical Errors
We do our best to describe every product or service offered on the Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Provider shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other accounts prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
M. Site Management
Company reserves the right but does not have the obligation to:
- monitor the Website Services for violations of this Agreement;
- take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
- in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
- terminate the accounts of repeat infringers; and
- otherwise manage the Website Services in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website Services.
You acknowledge and agree that
(a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and
(b) we may do one or all of the following, at our sole discretion:
(i) monitor Submissions;
(ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or
(iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect KeywestCVs and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR THE WEBSITE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, MATERIALS, OR OPERATION OF THE WEBSITE SERVICES
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE SERVICES,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE WEBSITE SERVICES,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR WEBSITE SERVICES BY ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS OR WEBSITE SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR WEBSITE SERVICES.
The Company reserves the right to change any and all content, software and other items used or contained in the Website and any Website Services offered through the Website at any time without notice.
P. Limitations Of Liability
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR WEBSITE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE WEBSITE SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING AND $50.
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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, use of the Website Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Company shall be given by email as set forth at the end of this Agreement. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. The notice shall be deemed to be given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
The information and materials made available through the Site, including the Services, are and shall remain the property of KeywestCVs and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by KeywestCVs to access and use the Site, you may download and view one (1) copy of any materials available on the Site to which we provide you access, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices included on or with such materials. Except as expressly authorized herein or in advance by KeywestCVs in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
KeywestConsulting, KeywestCVs, and their respective logos are trademarks and service marks of KeywestCVs All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by KeywestCVs, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of KeywestCVs trade names, trademarks or service marks without our express prior written consent.
If you believe that any content appearing on this Site infringes your copyright rights, we at Provider want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a)Your name, address, telephone number, and e-mail address;
(b)A description of the copyrighted work that you claim has been infringed;
(c)The exact URL or a description of each place where the alleged infringing material is located;
(d)A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e)Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f)A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Website Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
V. Notice About Terms Updates
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
W. Contact Us
30 The Hawthornes,