1. Agreement between user and Content Pro Resume Services LLC
Welcome to www.contentproresume.com (“Site”), the website of Content Pro Resume Services LLC (referred to herein as “Company” and “Content Pro”). The Site is comprised of various web pages operated by the Company and are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (referred to herein as “Terms” and “Terms of Service”). Your use of www.contentproresume.com constitutes your agreement to all such Terms.
“You” are the person or entity using the Site.
You understand that by making a purchase through www.contentproresume.com, by using the Site (including any content provided therein), Services (defined in the “Services” section), or your account or by posting any materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business.
Note: these Terms contain a dispute resolution and arbitration provision, including a Class Action Waiver that affects your rights under these Terms and with respect to any and all disputes you may have with Content Pro. You may opt out of the binding individual agreement to arbitrate as provided herein.
2. Ordering Obligations
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site or ordering process. Content Pro has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate, or incomplete. By placing an order on the Site, you affirm that you are at least 18 years old.
3. Services
This section collectively describes a “Service” as referenced within these Terms
a. Writing Services
“Writing Services” include, but are not limited to, resumes, LinkedIn® profile development, cover letters, and thank you letters.
Content Pro shall use standard, generally accepted American English in Writing Services offered.
The Company will follow, as closely as possible, the following workflow when a resume is purchased, whether it is purchased individually or as part of a package. This workflow also generally applies to non-resume Writing Services:
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- Begin building the initial draft following order receipt;
- Conduct a call to get to know you better and ascertain additional information required to craft an exceptional resource that meets our project standards (the “Strategy Call”)
- The Strategy Call will take place between you and the dedicated writer assigned to your project (“Writer”). You may opt to instead communicate with the Writer electronically by informing us via email;
- Remit the initial draft;
- Revise the initial draft, as needed, based on your feedback and in accordance with the timeframe described in the Professional Resume Writing Service Cancellation and Refund Policy section, until you fully approve the copy;
- Prepare the final file and other package inclusions following your final approval of the draft. Final files of resumes, cover letters, and thank you letters will be delivered electronically in both Microsoft Word and PDF formats.b. Non-Writing Services
“Non-Writing Services” include, but are not limited to, career coaching sessions and interview preparation sessions.The preceding workflow does not apply to the purchase of non-writing services. When a non-writing service is purchased, it is fully incumbent on you to schedule the call with your coach in accordance with the instructions provided during checkout and which are also contained in your order confirmation email.
4. Cancellation and Refund Policy
All sales are final. Content Pro provides a professional resume-writing service, and there is no trial or grace period after purchasing one of our services. Resume writing requires multiple hours of a writer’s time, even during the initial setup phase before the Strategy Call. Like any writing project, there will be multiple drafts and revisions. The Company’s writers will work with you by providing revisions and address any concerns you have but will be unable to provide full or partial refunds once an order has been completed.
Content Pro offers free and unlimited revisions to a resume draft for an established length of time depending on the package purchased:
- For Starter Package: 5 days
- For Accelerated Package: 7 days
- For Professional Package: 14 daysIf a revision request is received following the expiration of the respective timeframe above, it is the Writer’s discretion on how to proceed. The Company reserves the right to charge its current editing rate (“Professional Editing Rate”) for revisions requests received following the established timeframes. The current Professional Editing Rate is published on the Services page of the Site.
5. Expiration and Reactivation
Soon after an order for a writing service is received by Content Pro, a Writer begins work on the project. It is incumbent upon you to schedule the Strategy Call or initiate email communication with your Writer in accordance with instructions provided to you in the order confirmation email if you choose written communication instead of a Strategy Call.
Each of our Writers’ time is valuable. To protect the integrity of their workflows and to foster an environment that allows ample dedication to each project, please note that your project may expire under certain conditions.
A project becomes “Expired” if it remains unfinished due to you not scheduling the Strategy Call or because you have not remitted any other form of communication that helps carry the project forward towards completion (“Insufficient Communication”).
The following projects shall be deemed Expired after four (4) months of Insufficient Communication:
- Resume Writing
- Cover Letter Writing
- LinkedIn® Profile Development
- Thank You Letter WritingFor Expired projects, if request for reactivation is made beyond the expiration date, you must pay a reactivation fee of $30 so the Writer can set aside time in his/her schedule and become reacquainted with your project. The payment of this fee will signify the continuation of the project.You shall be allowed to continue with the process within three (3) months from the date of reactivation.To request reactivation of your project, send an email to [email protected] using “Reactivation Request” in the Subject Line. The content of the email should include your name, telephone number, and any other information helpful in identifying details of your original order.
If the project has been Expired for two (2) years or more when a request for reactivation is made, you must purchase a new service to ensure that the previously started project does not contain obsolete content or formatting. Purchasing a new service also ensures your project is built using the Company’s newest template version.
The terms of this section are not applicable to non-writing services (i.e., Career Coaching Sessions).
6. Electronic Communications
Visiting www.contentproresume.com or sending emails to Content Pro constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
7. Privacy
Your use of www.contentproresume.com is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
8. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Content Pro is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, or to remove or edit content in our sole discretion without notice.
9. User Age Representations
Content Pro does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
By using the Site, you represent and agree that:
You are at least 13 years of age. The Site is not targeted towards, and not intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and use the Site only under the supervision or direction of a parent or legal guardian who agrees to be bound by these Terms.
10. Obligations of Users
The Site may allow users to upload, post, and/or distribute user-submitted content, and use of the Site for this purpose is subject to the following conditions:
You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages, and other materials of any nature (“Materials”) that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated.
This means you, and not the Company, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable, or indecent.
You shall not upload to, distribute through, or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism, or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
Your Materials will not disparage in any manner the Company, its Licensors, or their products, or services and sites. Should we find that you have produced such Materials, your account will be deactivated immediately.
Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
You shall not upload to the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
11. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of the Content Pro, the Company’s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).
If you are a business entity, you are authorized to do business in the jurisdictions in which you operate, and your employees are authorized to use the Site to bind you to these Terms.
12. Links to Third-Party Sites and/or Third-Party Services
The Site may contain links to other websites (“Linked Sites”), especially within Blog posts. The Linked Sites are not under the control of Content Pro, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.contentproresume.com domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.contentproresume.com users and customers.
13. No Unlawful or Prohibited Use; Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.contentproresume.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Content Pro that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the purchased Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or delivered in a purchased Service. The Company’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited, unless specifically authorized by the Company. Accordingly, no such content may be used on another web site without express written permission from the Company.
14. International Users
This Site is controlled and operated by the Company from its offices within the United States of America (“USA”). The Company makes no representation that the Site, services, or any related information offered by the Company are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Company’s services on the Site in violation of USA export laws and regulations.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
15. Indemnification
You agree to indemnify, defend and hold harmless Content Pro, its managers, members, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
16. GOVERNING LAW; EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions that would give rise to the substitive law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Any disputes arising under or related in any way to these Terms, the Site, or any Services shall be resolved solely through binding arbitration in Rockwall County, in accordance with the provisions below.
17. Dispute Resolution and Agreement to Arbitrage; Class Action Waiver
Please read the following carefully. It affects your rights.
Most problems that users encounter can be resolved quickly and to a user’s satisfaction by contacting us at [email protected]. You and Content Pro each agree that any and all disputes or claims that have arisen or may arise between you and the Company shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The United States Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and by agreeing to arbitration, you and the Company waive the right to a judge or jury. Instead, arbitration uses a neutral arbitrator to decide the dispute, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow these Terms of Service as a court would. You have the right to opt-out of this Agreement to Arbitrate (as explained below), which means that you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of this Section, “Content Pro” means Content Pro Resume Services LLC and its parents, subsidiaries and affiliated companies, and each of their respective members, managers, officers, directors, employees and agents. The term “Dispute” means any dispute, claim, or controversy between you and Content Pro regarding any aspect of your relationship with Content Pro, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Content Pro’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
a. Pre-Arbitration Claim Resolution
If you have a Dispute with Content Pro, you must first give us an opportunity to resolve the Dispute before filing an arbitration claim (or any other legal proceeding if you elect to violate the obligation to arbitrate your Dispute). You do that by sending a notice to [email protected]. That notice must include (1) your name, (2) your address, telephone number, and e-mail address (if not apparent from the sent email), (3) a description of your claim, and (4) a description of the specific relief you are asking for. If Content Pro does not resolve the Dispute within 45 days after it receives your notice, you may pursue your Dispute through arbitration. You may pursue your Dispute in a court only under the circumstances described below.
b. Arbitration Procedures
If this Section applies and the Dispute is not resolved through Pre-Arbitration Claim Resolution (above), then either you or Content Pro may initiate arbitration proceedings.
The American Arbitration Association (the “AAA”) or JAMS will arbitrate all Disputes. For arbitration before AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes existing as of the time of the filing of the arbitration will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures existing as of the time of the filing of the arbitration will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section will control if it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Content Pro Resume Services LLC, Attn: Litigation Department, 519 E. Interstate 30, Suite #617; Rockwall, TX 75087. The arbitration will be conducted before a single arbitrator in Rockwall County, Texas or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Content Pro may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Content Pro, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Content Pro, unless the arbitrator requires otherwise.
c. Arbitration Award
The arbitrator will not have the power to award relief to, against or for the benefit of any person who is not a party to the arbitration proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitration award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
d. Payment of Arbitration Fees and Costs
Content Pro will pay all arbitration filing fees and the arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorney fees or expert witness fees and expenses. In addition to any rights to recover fees and costs under applicable law, if you provide notice to and negotiate in good faith with Content Pro as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney fees and costs as determined by the arbitrator.
e. Class Action Waiver
YOU AND Content Pro AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Content Pro AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, ANY RELIEF AWARDED CANNOT AFFECT OTHER Content Pro USERS AND SHALL NOT BE ADMISSIBLE IN ANY OTHER ARBITRATION OR OTHER LEGAL PROCEEDING.
THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Neither you, nor any other user of the Site can serve as a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
f. Jury Waiver
You understand and agree that by entering into this Agreement you and Content Pro are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Agreement to Arbitrate, you and Content Pro might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Section, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
g. Severability
If any clause within this Agreement to Arbitrate (other than the Class Action Waiver clause above) is found to be unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be unenforceable, this entire Agreement to Arbitrate will be unenforceable and the Dispute will be decided by a court.
18. ASSUMPTION OF RISKS
YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN EMAIL EXCHANGES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT THE COMPANY, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD-PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
19. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONTENT PRO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONTENT PRO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
20. Limitation of Liability and Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE COMPANY, OR ANY OF THE COMPANY’S AFFILIATES OR AGENTS SHALL BE, AT THE COMPANY’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE COMPANY and/or REWRITING YOUR ORDERED SERVICE FREE OF CHARGE; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO THE COMPANY.
YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Entire Agreement
These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
22. Amendments
You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering after that date. No other amendments will be valid unless they are in a paper writing signed by the Company and by you.
23. Customer Comments and Unsolicited Feedback
We welcome the submission of comments, information or feedback through the Site. By submitting information through the Site, you agree that the information submitted will be subject to the Company’s Privacy Policy. We may use your feedback or suggestions without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
