Terms and Conditions
Last Updated March 24th, 2020
- These terms and conditions (hereinafter referred to as the “Terms”) is an agreement between Fresh Lab Marketing Ltd 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ and the user, based on the terms and conditions detailed below. These terms and conditions outline the rules and regulations surrounding the use of the FreshResume website at www.freshresume.co (collectively, the “Site”) and the use of its cv creation services that FreshResume provides to its users.
- By signing up with FreshResume and accessing this website, we assume you accept these terms and conditions in full. Do not continue to use FreshResume’s website if you do not accept all of the terms and conditions stated on this page.
- This is a legal contract, so if you are entering into this agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.)
- These Terms provide an arbitration clause that allows individual arbitration rather than jury trials or class actions to settle disputes, as well as limiting the options available to you in the case of a dispute. For more details, see Article 9 (Dispute Resolution).
Article 2. Our Services
- The word “curriculum vitae,” or “CV,” comes from Latin and means “life path.” FreshResume offers resources and software for creating CVs (the “Services”). You can use the Services to develop, edit, export, and download resume and cover letter templates, or you can hire one of our experts to help you create your own CV. You will use the Services as long as you agree to these Terms and follow them. Both users of the Web and Facilities, including guests and registered users, are bound by these Terms.
Article 3. Eligibility
By accessing and/or using the Services, including by doing so after accessing this Agreement, you represent and warrant that you are legally qualified to enter into and form contracts under applicable law.
Article 4. Usage FreshResume and our services
4.1 Usage License
- FreshResume grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the Site and use the Services, subject to your compliance with this Agreement. This license allows you to access and use the Services, but it does not permit you to copy, duplicate, sell, or otherwise misuse any part of the Services without FreshResume's prior express written consent. To be clear, FreshResume owns the intellectual property of the final resume you download from the Site, except the personal details you enter. You can not use the template in any way other than in conjunction with the document you produced using the Services. Even now, this right exists.
4.2 Registering an Account
- You must register with FreshResume and build an account (your “Account”) in order to access those Services or display parts of the Site. Your resumes, cover letters, and other data will be stored and available through your Account once you create one. You reflect and warrant that all user information you provide in connection with your Account is up to date, full, and correct, and that you will update it as needed to keep it up to date. You also reflect and warrant that you are not impersonating or misleading other users about your relationship with any individual or organization through your Account. The account is personal and can only be used by the individual who created it.
- Giving third parties access to your Account is strictly prohibited. Your username and password, as well as the security of your Account credentials, are your responsibility. Until you inform FreshResume of unauthorized use, you are responsible for all that happens through your Account. We reserve the right to deny access to the Services, terminate your Account, suspend or terminate your right to use the Services, or take any other action we deem appropriate, in our absolute discretion, if we believe that your Account security has been breached.
4.3 Your Content
- You can post or send your own content and information (your “Content”) when you use our Services. Account information, job history, educational history, affiliation with different organisations, and/or any other information you provide are examples of Material. You consent to grant FreshResume a non-exclusive license to use your Content by using the Services, interacting with us, or supplying us with any information.
- To be clear, you retain full ownership of your Content, however you grant FreshResume a non-exclusive, worldwide, permanent, royalty-free, transferable and sublicensable right to use, copy, alter, distribute, print, and process the information and Content you provide in connection with the Services without your permission or notice. You consent to only share details and material for which you have permission. You also promise to only include Content that does not break the law or infringe on the rights of others' intellectual property.
4.4 Prohibited Usage & Conduct
- Your use of the Services is subject to certain limitations imposed by FreshResume. You consent to refrain from the following forbidden actions, but not limited to:
- 1. Use the Services to engage in activities that are in violation of local, state, national, or international laws and regulations;
- 2. Upload, publish, transmit, show, perform, or distribute any libelous, defamatory, abusive, discriminatory, intimidating, overly violent, harassing, obscene, lewd, lascivious, dirty, or pornographic content, documents, or materials;
- 3. Create multiple accounts, attempt to use another’s account, or create an account for someone other than yourself without prior authorization; provide any false, misleading, or inaccurate information;
- 4. Impersonate or otherwise misrepresent a person or entity’s affiliation, relation, or association;
- 5. Create, support, use, or attempt to use software, computers, scripts, robots, or any other mechanism (including spiders, browsers, crawlers, or other technology) to harvest or otherwise collect information from the Services or copy profiles and other data;
- 6. Login into a server or account that you are not allowed to access, or access content or data that is not intended for you;
- 7. Without proper authorization, attempt to probe, scan, or test the vulnerability of the Site, or any related device or network, or breach protection or authentication measures;
- 8. Interfere with or threaten to interfere with any other user's, host's, or network's use of the Services, including (but not limited to) by submitting malware or exploiting software vulnerabilities;
- 9. In connection with, or transmission to, the Services, forging, altering, or falsifying any network packet or protocol header or metadata is prohibited (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
- 10. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce any of the source code used in providing the Site and Services to a human-perceivable form, including, without limitation, any fraudulent attempt to modify software or any other technological mechanism for measuring the number of impressions produced by individual content and/or the overall Service.
- 11. Others’ intellectual property rights, such as copyrights, patents, trademarks, trade secrets, and other exclusive rights, are infringed upon. For example, do not copy or share the posts or other material of others without their permission (except through the available sharing functionality);
- 12. Modify or otherwise alter the Site, Services, or their appearance. We reserve the right to terminate your Account or fully block access to the Services without refund if we decide, in our sole discretion, that you have engaged in Prohibited Conduct.
Article 5. Subscription, Payments and Pricing
- Upon purchase, you get 7 days full access to your account at a price of $2.95. After 7 days, you will be billed $24.95, and every 4 weeks after that until your subscription ends which you cancel any time. The charge will appear on your credit card statement as Freshresume.
- FreshResume reserves the right, in its absolute discretion, to adjust the price of our Services if it deems it appropriate. Any price increases will be communicated to consumers thirty (30) days in advance. You have the option to cancel your Account or Subscription if you do not agree with the move. Your continued use of the Services after the implementation of the changes constitutes your approval of the changes.
- Depending on your location the rate may vary as a result of Foreign Exchange Rates.
- You agree to pay FreshResume all related fees (the “Fees”) at the time of making a purchase. Thus, you explicitly agree to be charged a monthly renewal subscription fee of $24.95 if you have not cancelled your FreshResume account within 7 days of making your initial payment of $2.95.
- The payment services offered by FreshResume are provided by reputable Third Party Payment Processors (Omise). As a result, in order to complete your payment process, you might be redirected to a third-party website and/or asked to agree to separate third-party terms.
- If FreshResume is not able to renew your monthly subscription because your payment method declines the card, you will immediately loose access to your account, until you reactivated the account by updating the payment details.
- All services of FreshResume are available on a subscription basis. You fully acknowledge that you will be billed based on your subscription plan (your “Subscription”), according to the terms of the Subscription as given to you at the time of purchase.
(i) Timing of Payments
- You will be asked to provide payment details when you sign up for your Subscription Trial. You understand and accept that your credit card will be charged for additional Subscription periods (e.g., once a month) without warning or permission from you. Unless you cancel your Subscription before the next payment date within 7 days of making your purchase, it will automatically renew. When you sign up for your Subscription, please read the pricing, payment terms, and disclosures carefully.
(ii) Subscription to a Trial
- Upon first signing up with FreshResume, user get access to a trial subscription at $2.95 (“Trial Plan”), allowing them to try out the services for 7 days, at a discounted rate before converting to a Subscription. To prevent being charged the renewal subscription fee, you must cancel your trial within 7 days of signing up. If you want to cancel your Trial Plan, log into your FreshResume account - click on “Account” and head to the “membership section”.
5.4 Cancellations and Changes
- You can cancel your membership any time within your FreshResume account. Please log in to your account and navigate to “Account”. Scroll down to the Membership section and click “Deactivate Account” in order to cancel your membership. Once that’s done, your account is cancelled immediately and you will immediately loose access to all FreshResume premium features and the ability to download your resumes. If you have published a Virtual Resume Website, it will be unpublished once your account is cancelled and consequently no longer be visible to the public.
To prevent being charged the monthly subscription fees, you must cancel your account before payment is due. FreshResume is not able to provide refunds for late cancellations - all payments made on FreshResume are non-refundable.
- FreshResume will retain your Content for eighteen (18) months after you cancel. Your Content will be deleted after eighteen (18) months. We can send you an email prior to deleting your Content, but we are under no obligation to do so. You have the option of using the data before it is deleted by re-entering the Agreement.
5.5 No Refunds; Waiver of Withdrawal Rights
- ALL SALES ARE FINAL AND THERE ARE NO REFUNDS, IN FULL OR IN PART, DUE TO THE QUALITY OF THE SERVICES. Since the Services are rendered after you submit your initial payment, you recognize, accept, and consent that you will forfeit your right for a refund once a payment has been made.
- All orders and subscription plans are subject to taxes applicable in the state/country where you reside.
Article 6. Notices and Communications from FreshResume
- You specifically agree to receive emails from FreshResume, including email communications, by registering for an Account or providing your email address via the Services. The correspondence will be about the Programs, special deals, and promotions, among other items. You can unsubscribe from electronic messages at any time by following the unsubscribe instructions included with each message or contacting us at firstname.lastname@example.org. You accept that all legal requirements that emails or notices to you be in writing are satisfied by these electronic communications.
Article 7. Intellectual Property
- When visiting the Site or using the Services, you reflect and warrant that you will follow all applicable laws and respect the intellectual property rights of others. Copyright and other intellectual property laws regulate and apply to the use of the Services at all times. You agree not to violate any third party’s copyrights, trademarks, or other intellectual property or proprietary rights by uploading, posting, transmitting, displaying, performing, or distributing any content, documents, or other materials.
- FreshResume, the FreshResume logo, the Site, Services, accompanying software, and all content, images on the Site, and CV and cover letter templates and designs (collectively, “FreshResume IP”) are the intellectual property of FreshResume, its licensors, and/or suppliers. Neither your use of the Services nor this Agreement grants you any right, title, or interest in FreshResume’s intellectual property, nor any permission to copy or use it in any way.
Article 8. Termination of your subscription
Article 9. Dispute Resolution
9.1 For US Residents
- If you are a resident of the United States of America, please read this section carefully.
(i) Binding Arbitration
- If you and FreshResume are unable to resolve a dispute through negotiation, either party can request that the dispute be resolved exclusively through binding arbitration. Any party’s decision to arbitrate is definitive and binding on the other (s). Arbitration is a type of alternative conflict settlement that is often quicker and more conclusive than going to court. We each waive our right to sue in court or have a jury trial by agreeing to arbitration.
- The arbitration will be initiated and performed in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules, as amended by this Agreement. These rules are available at www.adr.org or by calling 1-800-778-7879. Unless you bring the claim for a frivolous or unethical reason (such as to threaten or inconvenience us), in which case the arbitrator has the discretion to order you to pay half of these fees for the duration of the arbitration, we will pay the AAA filing, administration, and arbitrator fees so you don’t have to.
- The terms of this Agreement bind the arbitrator. All issues in the conflict must be resolved by the arbitrator, with the exception of issues relating to the enforceability of the arbitration clause, which must be resolved by a Court of Competent Jurisdiction. The arbitration can take place in person in San Francisco, California, via document submission, phone, or online. California law will be applied by the arbitrator. If a party requests it, the arbitrator may give a written judgment with only a statement of reasons.
- If the arbitrator fails to obey applicable law, any award will be contested. FreshResume can file a lawsuit in court to force arbitration, stay proceedings awaiting arbitration, or alter, affirm, vacate, or enter judgment on the arbitrator’s award. Within fourteen (14) days of the arbitrator’s decision on the merits, the arbitrator shall grant costs to the winning party (including, without limitation, fees, expenses, and fair attorneys’ fees) at any time during the trial and upon request from any party.
- The language in this Agreement will be viewed in light of its equal sense, rather than solely for or against either side.
(ii) Class-Action Waiver
- You and FreshResume accept that any arbitration or other legal proceedings involving the two of us would be limited to the two of us as parties, with no other parties permitted to join us. You understand and accept that you are not permitted to initiate arbitration proceedings on behalf of others under this Agreement. This means you won’t be able to take part in any kind of representative action against FreshResume, such as as a plaintiff or class member in a sham class action.
(iii) Location and Governing Laws
- This Agreement will be governed by and interpreted in compliance with California law, without regard to its conflict of laws principles. The appropriate venue for any judicial proceedings arising out of, relating to, or in accordance with this Agreement would be the state and federal courts located in San Francisco, California (a “Court of Competent Jurisdiction”), subject to and without waiving the arbitration agreement. You and FreshResume agree to apply to extraterritorial service of process and waive all objections to the personal jurisdiction and location of such courts.
9.2 Non-US Residents
- Regardless of any lawful clause to the contrary, this Agreement will be regulated, interpreted, and enforced in compliance with the law of the Kingdom of Thailand, with you renouncing your own jurisdiction and submitting yourself to the jurisdiction and venue of Bangkok, Thailand. You may be entitled to bring a dispute before the competent authorities or courts in your country of residence in some cases, depending on your country of residence.
Article 10. Disclaimer, Limit of Liability, and Assumption of Risk
- FreshResume AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE SERVICES Would BE ERROR-FREE OR UNINTERRUPTED. THE SITE AND SERVICES (INCLUDING CONTENT AND INFORMATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BY FreshResume. FreshResume AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10.2 Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FreshResume, INCLUDING ITS AFFILIATES, BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, CONFIDENTIAL, OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES.
- FreshResume AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE AGREEMENT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO FreshResume FOR TWO MONTHS OF SERVICES DURING THE TERM OF THIS AGREEMENT, IF ANY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FreshResume. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10.3 Assumption of Risk
- When you use the Services, you willingly and honestly assume all risk. You freely consent to release, waive, discharge, hold harmless, protect, and indemnify FreshResume and its owners, officers, directors, staff, agents, associates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, acts, or losses for bodily injury, property damage, wrongful death, and other claims, actions, or losses on behalf of yourself, your personal representatives, and heirs.
Article 11. DMCA Notice
- You may request a notice under the Digital Millennium Copyright Act (DMCA) by writing to us with the following information (for more information, see 17 U.S.C. 512(c)(3)): a signature of the individual allowed to act on behalf of the owner of the copyright interest, whether electronic or physical; a summary of the allegedly infringed copyrighted work, including the URL (i.e., website address) of the place where the copyrighted work can be found or a copy of the copyrighted work; identification of the URL or other specific location on the Site where the material you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in you is correct. If you violate our repeat infringer policy, we can suspend or terminate your Account or use of the Services. If you are the target of a complaint, you have the right to file a counter-notice under the DMCA.
Article 12. Changes to Terms
Article 13. Third Party Websites and Services
13.1 Third Party Websites
- The Site can contain links to “third-party websites.” Third-party websites are outside FreshResume’s reach in terms of content and efficiency. As a result, FreshResume makes no representations, warranties, or endorsements about any Third Party Websites or the accuracy, currency, content, health, lawfulness, or quality of the information, material, products, or services available via them. FreshResume disclaims all responsibility and liability for any damages or other harm arising from the use of Third Party Websites, whether to you or to third parties.
13.2 Third Party Services
- Third-party providers (“Third Party Services”) may be related to the Services, some of which may have formed relationships with FreshResume and others who do not. We have no power over the quality or functionality of Third Party Services. FreshResume has not checked, and cannot check or monitor, any of the content made available on Third Party Platforms, including computer software or other products or services. As a result, we make no representations, warranties, or endorsements about any Third Party Services, including the accuracy, currency, content, health, lawfulness, or quality of the information, material, products, or services available through Third Party Services.
Article 14. General Terms
- These Terms are the Parties’ entire agreement on the subject matter of these Terms, and they supersede all previous agreements. There is no agency, alliance, employer, or joint venture arrangement created by these Terms. In the case of a sale, merger, or takeover of FreshResume, it will be able to pass its rights and responsibilities under the Agreement, as well as any data it processes.
- By using the Services, including by creating and using an account, you agree to receive communications from us, such as emails with marketing offers and account information. Any incident beyond a party’s fair control, such as a war, pandemic, natural catastrophe, government order or legislation, explosion, fire, attack, act of God, or other force majeure event, shall not be held liable. If any clause of these Terms is found to be null or unenforceable, the remaining Terms will remain valid and enforceable, and these Terms will be severable as a result.
Article 15. Contact Us
- You can contact us with any questions, ideas, or feedback about these Terms by filling out the contact form or sending an email to email@example.com.