USE OF OUR SERVICE AND CLIENT ACCOUNTS
Clients must be at least eighteen (18) years old in order to use the website and our services. By using this website and our services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms. You also represent that you will use the website and our services in a manner consistent with any and all applicable laws and regulations. In order to use any of the services offered by FMP, including but not limited to, resume review, career counseling, interview coaching, social media review and job application assistance, you will have to create a Client Account on the website. To do this, you must register on the site by choosing a Username and Password. You agree not to use any other person's client account. You also agree to not let anyone else use your client account. When creating your account on the website, you represent that all information given is accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Find My Profession immediately of any breach of security or unauthorized use of your account. Find My Profession will not be liable for any losses caused by any unauthorized use of your account. If you purchase the Find My Profession Career Finder service which allows FMP to apply to jobs on your behalf, you understand that you will be responsible for creating an email account used solely for your job search. You grant FMP the right to log into this email at any time and read all emails. You also grant FMP the right to post your resume on job boards on your behalf. FMP is not liable for any errors or omissions resulting from any data or email communications. FMP does not confirm the accuracy of or completeness of any resume submitted to an employer. Please note that by purchasing any services, you are requesting and authorizing Find My Profession to make available your resume to any employer that Find My Profession believes is suited to your qualifications and experience. Find My Profession does not guarantee that any Employer will receive, access, read or respond to any resume or application material, or that there will be no mistakes in the transmission of the data. By using Find My Profession, you agree that Find My Profession is not responsible for the content of any employer's application form, emails, screener questions, testing assessments or their format and that Find My Profession does not guarantee receipt of your application by any Employer, or your receipt of emails from the Employer. Although Find My Profession attempts to maintain the confidentiality of all resumes and applications received and generated by us as part of our services, Find My Profession cannot and does not guarantee that the information you provide will be held in confidence or properly secured by each employer. Further, if you purchase certain services, your resume will be posted publicly on multiple job boards unless you request otherwise. FMP may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old or if you have violated this Agreement in any other way.
PAYMENT AND FEES
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and client content, and all Intellectual Property Rights related thereto, are the exclusive property of Find My Profession and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website. “Find My Profession” is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.
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 you believe in good faith that materials hosted by Find My Profession infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Find My Profession a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to Find My Profession Copyright Notice, 3753 W Turner Rd. Lodi, CA 95242. Be aware that there are penalties for false claims under the DMCA.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our website and/or services. In connection with your use of our website and services, you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;
hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Clients;
defraud, mislead, or otherwise act dishonestly;
copy, store, or otherwise access any information contained on the website or within any content appearing therein, for purposes not expressly permitted by these Terms;
use the website or services for any commercial or other purposes that are not expressly permitted by these Terms;
use the website or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
stalk or harass any other client of the website or services or collect or store any personally identifiable information about any other client;
impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
run any bots or other software to aggregate or browse our content;
post fake information, whether it is about a job, company, or your own credentials as a job applicant;
infringe on anyone’s intellectual property rights;
otherwise act in a manner which, at FMP’s sole discretion, is objectionable.
THIRD PARTY LINKS AND SERVICES
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR OUR SERVICES IS AT YOUR OWN RISK. FIND MY PROFESSION DOES NOT GUARANTEE ANY RESULTS THROUGH YOUR USE OF THIS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIND MY PROFESSION, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FIND MY PROFESSION MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY CLIENT CONTENT AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND OUR SERVICES, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITHOUT WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIND MY PROFESSION DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. FIND MY PROFESSION DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, OFFERS OR PRODUCTS.
LIMITATION OF LIABILITY
Find My Profession is a service that helps people apply for jobs and solicit interviews. However, Find My Profession is not involved in the actual hiring process and has no control over hiring decisions. Further, Find My Profession has no control over content submitted by clients including, but not limited to, resumes and personal information. Find My Profession has no control over the quality, safety, or legality of jobs applied to or resumes submitted on behalf of clients and makes no representations about any jobs, resumes, or content. You acknowledge and agree that you are solely responsible for the accuracy, form, and substance of any of your client generated content. You further acknowledge that Find My Profession shall not be responsible for your career decisions. FIND MY PROFESSION SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY INFORMATION OR ADVICE GIVEN TO YOU BY ANY EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, OR AFFILIATES OF FIND MY PROFESSION. FIND MY PROFESSION SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF ANY MATERIALS GENERATED BY FIND MY PROFESSION. IN NO EVENT SHALL FIND MY PROFESSION BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF FIND MY PROFESSION KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. FIND MY PROFESSION'S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY MATERIALS OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO FIND MY PROFESSION.
You agree to indemnify and hold harmless Find My Profession and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of Find My Profession's representations and warranties contained herein; (ii) your use and access to any of Find My Profession's services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.
This Agreement and any Disputes shall be governed by the internal substantive laws of the State of California, without regard to its choice or conflicts of law provisions. Any disputes relating to this Agreement will be heard in the courts located in the County of San Joaquin, State of California.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. FMP's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect FMP's ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and FMP and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and FMP about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.
Find My Profession may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Find My Profession in its sole discretion. Find My Profession reserves the right to determine the form and means of providing notifications to our Clients. Find My Profession is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Under California Civil Code Section 1789.3, California clients of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Last Modified on November 16, 2017