VisualCV / Terms of Service for Companies

VisualCV, Inc. Terms of Service for Companies

Please read this Terms of Service Agreement carefully. By registering to use the Site (as defined below) you agree, on behalf of yourself and of the entity on whose behalf you are registering (as indicated in your registration submission), to be bound by the terms and conditions of this Terms of Service Agreement.

This Terms of Service Agreement (the "Agreement") is between, on the one hand, you and the entity on whose behalf you are registering to use the Site (collectively, “Member”), and, on the other hand, VisualCV, Inc. (“VisualCV,” "we," "us") concerning the use of the Internet World Wide Web site currently located at http://www.visualcv.com (together with any successor site(s) and all Services (as defined below), the “Site”). You represent and warrant that you have the right and ability to act on behalf of Member and to bind Member with respect to the rights and obligations set forth in this Agreement.

Acceptance of Terms. The Site is made available by VisualCV to Member and to Member’s employees subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. Member 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), Member agrees that Member and Member’s employees 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. Member agrees that we shall not be liable to Member, to Member’s employees 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. Member’s and/or Member’s employees’ continued use of the Site after such changes will indicate acceptance of such changes.
Access by Employees. Member may provide access to the Site to Member’s employees; provided that: (a) Member agrees to require each such employee to be bound by the terms of service agreement applicable to individuals, which is available at http://www.visualcv.com/terms/; (b) Member remains responsible and liable for all acts and omissions of Member’s employees in connection with the Site, including all Transactions (as defined in Section 12 below), and for any breaches by such employees of this Agreement or of the terms of service agreement applicable to individuals; and (c) if any of Member’s employees ceases to be an employee of Member, Member shall immediately cease to provide Site access to such former employee. All references to Member’s access and/or use of the Site herein includes access and/or use of the Site by Member’s employees.
Jurisdictional Issues. The Site is controlled and operated by VisualCV from the United States, and is not intended to subject VisualCV to the laws or jurisdiction of any state, country or territory other than that of the United States. VisualCV 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. Member is also subject to United States export controls and is responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. 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 in our sole discretion.
Description of the Services. We provide users of the Site with access to certain specialized content and services related to professionals’ resumes, including without limitation, the creation of electronic profiles, resume organization and conversion functionality, forums, video clips, photographs, graphics, images, charts, text, data, user comments, postings, messages, articles and other similar content (such content and services, collectively, the “Services”). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.

SPECIAL NOTE REGARDING THE SERVICES: Please note that, as part of the Services, we provide certain specialized services related to the creation of an electronic profile for each individual or company who registers for the Site and provides resume information and for individuals for whom a resume is provided to the Site. Such profiles include enhanced features determined by VisualCV (each such electronic profile, together with all of other information, video clips, photographs, graphics, images, charts, text, data, comments, postings messages, articles and other similar content posted by an individual, a “Visual Resume”). VisualCV will not screen or review any of the Visual Resumes to determine suitability for employment, nor will it consider any of the individuals for employment with VisualCV. VisualCV does not act as an agent for any individual or company that submits a resume or Visual Resume, or views an individual’s resume or Visual Resume, through the Site, and nothing herein creates an employer-employee, agency or other relationship between VisualCV and such individual or company. VisualCV is not, and shall not be, responsible for recruiting, hiring, or any other decisions related to employment with respect to the Visual Resumes or any individuals using the Site.

The Site acts as a venue for individuals and companies to create Visual Resumes and for companies to view such Visual Resumes. VisualCV does not review, screen, edit or monitor the Visual Resumes or make any judgments about or selections of Visual Resumes, individuals or companies. VisualCV is not involved in the actual transaction between a potential employer and any individuals through the Site. Therefore, VisualCV has no control over the Visual Resumes or the quality, truth, accuracy, reliability, completeness or timeliness of such Visual Resumes, or the ability of a potential employer to offer opportunities to individuals, or the ability of individuals to fill job openings, and VisualCV makes no representations or warranties about any Visual Resume, potential employer or individual.
Information Submitted Through the Site. The submission of information through the Site, including in connection with the creation, modification and/or review of a Visual Resume is governed by VisualCV's Privacy Policy, which is located at http://www.visualcv.com/www/site_information/privacy_policy.html (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. Member represents and warrants that any and all information provided by Member and/or Member’s employees in connection with Member’s and/or Member’s employees’ use of the Site is and shall remain true, accurate, and complete, and that Member and Member’s employees will maintain and update such information regularly. Member agrees that if any information provided by Member and/or Member’s employees is false, inaccurate, obsolete or incomplete, we may terminate Member’s and/or Member’s employees’ use of the Site and/or the Services.
Rules of Conduct. In connection with Member’s and Member’s employees’ use of the Site (including without limitation in connection with their review of Visual Resumes), Member and Member’s employees shall comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Use of the Site is conditioned on compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of access to the Site pursuant to Section 18 below.

Member and Member’s employees 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; (b) defamatory; (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 right 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 offense; 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 Member and VisualCV.
- Impersonate any person or entity, including without limitation any representative of VisualCV; falsely state or otherwise misrepresent Member’s and/or Member’s employees’ affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement made by Member and/or by any of Member’s employees.
- Create a Visual Resume that purports to represent anyone other than Member. Examples of inappropriate and prohibited Visual Resumes include, but are not limited to, Visual Resumes that purport to represent an animal, place, inanimate object, fictional character (including a fictional company or other fictional entity) or real individual or entity that is not Member.
- 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 VisualCV’s 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 VisualCV’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 VisualCV's express prior written consent.
Registration; User Names and Passwords. Member may register Member’s employees to access certain Services or areas of the Site by providing each such Member employee with a user name and password. Member represents and warrants that it has obtained all necessary rights, permissions and consents to provide to VisualCV the personal information of Member’s employees for the purpose of such registration. With respect to such registration, we may refuse to grant, and Member’s employees may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

A user name and password are for use only by the Member employee to whom such user name and password are provided, and not for use by any other person. Member agrees and shall ensure that each such employee is responsible for maintaining the confidentiality of any password provided to him or her, and agrees not to allow any employee to transfer his or her user name or password, or lend or otherwise transfer use of or access to the Site, to another employee or to any third party. Member further agrees that if any Member employee ceases to be an employee of Member, Member shall disable the user name and password of such former employee. Member is fully responsible for all interaction with the Site that occurs in connection with Member’s employees’ user names and passwords, including without limitation all Transactions (as defined in Section 12 below). Member agrees to immediately notify VisualCV of any unauthorized use of a Member employee’s user name or password or any other breach of security related to Member’s account (including Member’s employees’ accounts), or the Site, and to ensure that Member’s employees "log off"/exit from the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from a failure to comply with any of the foregoing obligations.
Forums. We and/or our third party service provider(s) may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which Member and/or Member’s employees are able to post information and materials (each, a “Forum”). Please be aware that such Forums may be provided by a third party, and may be subject to the terms and conditions of such third-party, as well as this Agreement. please review sections 9, 10 and 11 below for particular terms that are applicable to the use of the forums.
Information on the Site. Information made available on the Site or through a Forum (including on any Visual Resume) may be provided both by VisualCV and by third party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a Forum (including on any Visual Resume) that are inaccurate, misleading or deceptive. VisualCV neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a Forum (including on any Visual Resume) by third parties, and VisualCV is not responsible for any information or materials made available through the Site or through a Forum (including on any Visual Resume) or results obtained by using any such information or materials. Under no circumstances will VisualCV or its employees, officers, directors, shareholders, affiliates, agents, representatives or suppliers be liable for any loss or damage caused by reliance on such information or materials. The opinions expressed on the Site or through a Forum (including on any Visual Resume) reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of VisualCV.

In addition, VisualCV has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Site or through a Forum (including on any Visual Resume). If member or any of member’s employees chooses to make any personally identifiable or other information publicly available THROUGH THE SITE OR THROUGH A FORUM (including on any Visual RESUME), member or such member employee does so at his or her own risk.
License. For purposes of clarity, as between VisualCV and Member, Member and/or its employees retain ownership of any materials they submit through the Site or through a Forum (including on any Visual Resume) (each, a “Submission”). However, please note that we need certain rights to such Submissions to be able to make them available on the Site. As such, Member grants, and shall cause Member’s employees to grant, to VisualCV and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for VisualCV's business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials submitted in connection with Member’s Visual Resume, such rights shall be subject to any restrictions or limitations established by Member in connection with the creation or maintenance of a Visual Resume (for example, if Member requests that we make such Visual Resume private (i.e., only available for viewing by selected individuals), we will use commercially reasonable efforts to ensure that only those individuals have access to such Visual Resume).

As noted above, we need this license to provide the Services available through the Site. For example, without the right to “adapt,” we would be unable to make technical changes to the Submissions so that the Submissions meet our technical criteria, without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions, and without the right to publicly perform, we would be unable to make any video clips posted by Member and/or Member’s employees available to other users. This license is non-exclusive (i.e., so that Member and/or Member’s employees can license their Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay for posting Submissions), sublicenseable through multiple tiers (so that we can use our subcontractors to provide Services).

For each Submission, Member represents and warrants that Member has all rights necessary to grant to us the licenses granted in this section, and that such Submission, and the provision thereof to and through the Site, comply with all applicable laws, rules and regulations. Member further irrevocably waives any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that may apply under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
Monitoring. Member acknowledges and agrees 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 VisualCV 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 in 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.
Purchases. If Member wishes to purchase any product or service made available through the Site, including any Services, (each such purchase, a “Transaction”), please note that we use a third-party payment service (the “Payment Service”), to collect payments for such Transactions. If Member makes a Transaction, Member will be directed to a web page hosted by the Payment Service (or its service providers) and not by VisualCV (the “Payment Service Page”). Member’s use of the Payment Service Page will be subject to the Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. Member acknowledges and agrees that VisualCV is not, and will not be, responsible or liable for the Payment Service’s services, its site or any acts or omissions of the Payment Service.

Descriptions and images of, and references to, products or services on the Site do not imply VisualCV’s endorsement of such products or services. VisualCV 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. Refunds and exchanges will be subject to VisualCV’s refund and exchange policies then in effect. Member agrees to pay all charges that may be incurred by Member and/or by Member’s employees through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, Member remains responsible for any taxes that may be applicable to such Transactions.
VisualCV's Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of VisualCV and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to Member’s and Member’s employees’ compliance with the terms and conditions of this Agreement, and solely for so long as Member and Member’s employees are permitted by VisualCV to access and use the Site, Member and Member’s employees may each download to and view from a single computer one (1) copy of any materials available on the Site to which we provide Member and Member’s employees access, solely for personal, non-commercial use, provided that all copyright and other proprietary notices included on or with such materials are kept intact. Except as expressly authorized herein or in advance by VisualCV in writing, Member agrees 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.

VisualCareers, VisualCV, and their respective logos are trademarks and service marks of VisualCV, Inc. All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by VisualCV, 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 VisualCV trade names, trademarks or service marks without our express prior written consent.
Links. The Site may provide links to other web sites and online resources. Because VisualCV has no control over such sites and resources, Member acknowledges and agrees that VisualCV is not responsible for the availability of such external sites or resources, and VisualCV neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. Member acknowledges and agrees that VisualCV does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

MEMBER AGREES THAT MEMBER’S AND MEMBER’S EMPLOYEES’ USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, MEMBER’S AND MEMBER’S EMPLOYEES’ USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT MEMBER’S AND MEMBER’S EMPLOYEES’ OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

VisualCV shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO MEMBER AND MEMBER’S EMPLOYEES “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. MEMBER AGREES THAT MEMBER MUST EVALUATE, AND THAT MEMBER BEARS, ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. VisualCV DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
Limitations of Liability. VisualCV WILL NOT BE LIABLE to MEMBER AND/OR MEMBER’S EMPLOYEES, or to any third party claiming through MEMBER AND/OR MEMBER’S EMPLOYEES, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION MEMBER AND/OR MEMBER’S EMPLOYEES HAVE PROVIDED IN CONNECTION WITH USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, VisualCV WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM MEMBER’S AND/OR MEMBER’S EMPLOYEES’ USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY VisualCV OR ANY THIRD PARTY. member’s and Member’s employees’ SOLE and exclusive REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF VisualCV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY member TO VisualCV TO ACCESS AND USE THE SITE AND SERVICES.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If Member becomes aware of any unauthorized third party alteration to the Site, please contact us at or with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
Indemnity. Member agrees to defend, indemnify and hold harmless VisualCV and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and other members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) Member and/or each of Member’s employees’ use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by Member or any of Member’s employees.
Termination. VisualCV, in its sole discretion, may terminate Member’s and/or Member’s employees’ access to or use of the Site, at any time and for any reason, including if VisualCV believes that Member or any of Member’s employee has violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, Member’s and all of Member’s employees’ rights to use the Site will immediately cease. Member agrees that any termination of Member’s and/or any of Member’s employee’s access to or use of the Site may be effected without prior notice, and that VisualCV may immediately deactivate or delete Member’s and/or Member’s employees’ registered accounts, and all related information and files associated with such accounts, and/or bar any further access to such information or files. Member agrees that VisualCV and the Affiliated Entities shall not be liable to Member, any of Member’s employees or any third party for any termination of Member’s and/or any Member’s employee’s access to the Site or to any such information or files, and shall not be required to make such information or files available after any such termination. In the event of a termination of this Agreement, Sections 3, 10, 13, 15 through 20 and 23 shall survive such termination.
Binding Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Before Member takes a dispute to arbitration, Member must first contact us by e-mail at or call us at 1-703-251-4443, and give us an opportunity to attempt to resolve the dispute through discussions with Member. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it through discussions with Member by seeking to contact Member at the most recent address that we have on file for Member. In the event that Member and we cannot resolve a dispute within sixty (60) days of notification by either party, or in the event that we are unable to reach Member, Member does not respond to our efforts to contact Member or Member fails to engage in good-faith settlement discussions with us, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the Commonwealth of Virginia. The arbitrator's decision shall be based upon the substantive laws of the Commonwealth of Virginia without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude VisualCV from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and Member agrees to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between, on the one hand, Member and/or Member’s employees, and, on the other hand, VisualCV. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Member may not assign, transfer or sublicense any or all of Member’s rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between Member and VisualCV relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between Member and VisualCV relating to such subject matter. Notices may be made via posting to the Site, by e-mail, or by regular mail, in VisualCV’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, Member agrees that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. VisualCV will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify Member that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that VisualCV does not endorse any of the products or services listed at such sites.
Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If Member has a question or complaint regarding the Site, please send an e-mail to , or write to us at 11951 Freedom Drive, Suite 1300, Reston VA 20190, or by calling us at 1-703-251-4443. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If Member believes in good faith that materials available on the Site infringe Member’s copyright, Member’s (or Member’s agent) may send VisualCV a notice requesting that VisualCV remove the material or block access to it. If Member believes in good faith that someone has wrongly filed a notice of copyright infringement against Member, the DMCA permits Member to send VisualCV a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: VisualCV, Inc. 11951 Freedom Drive, Suite 1300, Reston VA 20190 attn: , Fax: (703) 251-4440, Email: , Telephone: (703) 251-4465. We suggest that Member consult Member’s legal advisor before filing a notice or counter-notice.
Contact Us. If Member has any questions regarding the meaning of application of this Agreement, please direct such questions to . Please note that e-mail communications will not necessarily be secure; accordingly Member should not include credit card information or other sensitive information in any e-mail correspondence with us.