TERMS AND CONDITIONS
Last Updated November 17, 2020
These Terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Article 9 (Dispute Resolution) for full details.
Article 2. About Our Services
The Latin curriculum vitae, or “CV”, means life course. CVmaker provides CV building services and tools (the “Services”). You can use the Services to generate, edit, export, and download resume and cover letter templates or you can work with one of our professionals to create your personalized CV. For as long as you agree to these Terms and abide by them, you may use the Services. These Terms apply to all users of the Site and Services, including visitors and registered users.
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 of the Site and Services
4.1 License to Use Services
Subject to your compliance with this Agreement, CVmaker grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the Site and to use the Services. This license allows you to use the Services, but it does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Services without the prior express written consent of CVmaker. To clarify, the final resume, excluding the personal information you input, that you download from the Site is the intellectual property of CVmaker. You are not permitted to use the design in any other way than in combination with the document created through the Services. This right continues even after termination of this Agreement. All rights not expressly granted in this Agreement are reserved by CVmaker.
4.2 Account Registration
To access certain Services or view areas of the Site, you will need to register with CVmaker and create an account (your “Account”). Once you create an Account, your resumes, cover letters, and other data will be stored and accessible through your Account. You represent and warrant that all user information you provide in connection with your Account is current, complete, and accurate, and that you will update that information as necessary to keep it accurate. You further represent and warrant that you are not impersonating any person or entity through your Account, or misleading other users as to your affiliation with any person or entity. The Account is personal and can only be used by the owner of the email address to which the Account is linked. It is expressly prohibited to give third parties access to your Account. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You are responsible for anything that happens through your Account unless you notify CVmaker of unauthorized use. If we suspect, in our sole discretion, that there has been a breach of your Account security, we reserve the right to refuse access to the Services, terminate your Account, suspend or terminate your right to use the Services, or take such other action as we deem necessary, in our sole discretion.
4.3 Your Content
When you use our Services, you may post or submit your own content and information (your “Content”). For example, Content may include Account information, career history, educational history, your involvement with various organizations, and/or any other information you provide.
By using the Services, communicating with us, or providing us with any material, you agree to grant CVmaker a non-exclusive license to use your Content. For clarity, you own your Content at all times, but grant CVmaker a non-exclusive, worldwide, perpetual, royalty-free, transferable and sublicensable right to use, copy, modify, distribute, publish and process the information and Content you provide in connection with the Services without any further consent or notice to you. You agree to only provide information and content that you have the right to share. You also agree to only provide Content that does not violate the law or infringe on the intellectual property rights of others.
4.4 Prohibited Conduct
CVMaker imposes certain restrictions on your use of the Services. You agree to abstain from, but not limited to, the following prohibited conduct:
- Use the Services for acts that are contrary to applicable national or international laws and regulations;
- Upload, post, transmit, display, perform, or distribute any content, information, or materials that is libelous, defamatory, abusive, racist, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic;
- Provide any false, misleading, or inaccurate information, create multiple accounts, attempt to use another’s account, or create an account for anyone other than yourself without prior authorization;
- Impersonate or otherwise misrepresent an affiliation, connection, or association with any person or entity;
- Develop, support, use or attempt to use software, devices, scripts, robots or any other mechanism (including spiders, browsers, crawlers, or any other technology) to harvest or otherwise collect information from the Services or copy profiles and other data from the Services;
- Access content or data not intended for you, or log into a server or account that you are not authorized to access;
- Attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the use of the Services by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
- Forging, modifying, or falsifying any network packet or protocol header or metadata in connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
- Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Site and Services, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;
- Modify or otherwise change the Site, Services or their appearance.
If we determine, in our sole discretion, that you have engaged in Prohibited Conduct, we reserve the right to terminate your Account, or completely block access to the Services without a refund.
Article 5. Pricing, Payments, and Subscriptions
Costs for the Services vary based on whether you use our services to build a resume yourself or choose to have one of our professionals assist in the drafting. Additional information about our pricing can be found here.
CVmaker may find it necessary to change the price of our Services and reserves the right to do so in its sole discretion. CVmaker will provide users with thirty (30) days’ notice of any price changes. If you do not agree with the change, you have the right to cancel your Account or Subscription. Your use of the Services after the changes are in effect constitute your acceptance
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
By using the Services, you agree to pay CVmaker all associated fees (the “Fees”), as indicated to you at the time you agree to such fees (e.g. when you register for your Account or during the checkout process).
CVmaker’s payment services are provided by trusted Third Party Payment Processors (e.g., PayPal or SEPA). As such, you may be redirected to a third-party website and/or required to agree to separate third party terms in order to complete your payment transaction.
In case of late payment, CVmaker will send you a reminder and provide you with fourteen (14) days to make your payment.
CVmaker’s Services are offered on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed automatically according to the terms of the Subscription as provided to you at the time of your enrollment (“Subscription Terms”).
5.3(i) Timing of Subscription Payments
At the time you enroll in your Subscription, you will be required to provide your payment information. You understand and agree that your payment information on file will be charged for additional Subscription periods (e.g., once per month) without notice and without obtaining further permission from you. Your Subscription renews automatically unless cancelled in advance of the next payment period. Please pay attention to the pricing, payment terms, and disclosures provided when signing up for your Subscription.
5.3(ii) Trial Subscription
From time to time, CVmaker may offer users a trial subscription plan (“Trial Plan”) that allows them to try out the services for a certain period at a promotional price before it converts to a Subscription. If you enroll in a Trial Plan, you must cancel your Trial Plan before the end of the designated promotional period to avoid being charged the regular Subscription fee. If you wish to cancel your Trial Plan, may either log into your Account or visit www.cvmaker.com/cancel-subscri... (which is also reachable from our Contact page).
5.4 Changes and Cancellation
Your Account or Subscription may be paused or canceled at any time by logging into your account or visiting www.cvmaker.com/cancel-subscri.... Changes and/or cancellations to your Subscription must be made at least three (3) days before you are charged for the next Subscription payment in order to avoid said payment. For more information on cancellation, see our blog post at https://www.cvmaker.com/blog/resume-writing/how-to-use-cancel-cvmaker-service.
Upon cancellation, your Content will be stored by CVmaker for eighteen (18) months. After eighteen (18) months, your Content will be deleted. We may notify you via email prior to the deletion of your Content, but we are not obligated to do so. Until the moment of deletion, you have the option to use the data by re-entering into the Agreement.
5.5 No Refunds; Waiver of Right to Withdraw
Due to the nature of the Services, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS, whether in whole or in part. Because performance of the Services occurs upon submission of your initial payment, you understand, acknowledge and agree that you will lose your right of withdrawal upon submission of your initial payment.
All orders and subscription plans are subject to taxes applicable in the state/country where you reside.
Article 6. Notices and Communications from CVmaker
By registering for an Account or providing your email address through the Services, you expressly consent to receive communications from CVmaker, including email communications. Communications will be about the Services, offers, promotions, etc. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at email@example.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
Article 7. Intellectual Property
You represent and warrant that, when visiting the Site or using the Services, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
CVmaker, the CVmaker logo, the Site, Services, accompanying software as well as all information, images on the Site, and CV and cover letter templates and designs are the intellectual property of CVmaker, its licensors, and/or suppliers (“CVmaker IP”). Neither your use of the Services or this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use CVmaker’s IP.
Article 8. Termination
Article 9. Dispute Resolution
9.1 US Residents
If you are a resident of the United States of America, please read this section carefully.
If you and CVmaker cannot resolve a dispute through negotiations, either one of the Parties may choose to have the dispute exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
Arbitration is an alternative dispute resolution procedure that is often faster and more final than litigating a matter in court. By agreeing to arbitration, we are each giving up our right to sue in court or to have a jury trial.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement. You can review these rules at www.adr.org or by calling the AAA at 1-800-778-7879. We will pay the AAA filing, administration, and arbitrator fees so you don’t have to, unless you bring the claim for a frivolous or improper purpose (such as to harass or annoy us), in which case the arbitrator will have the power to require you to pay half of these fees for the duration of the arbitration. The arbitrator is bound by the terms of this Agreement. All issues in the dispute are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person in San Francisco, California, through document submission, through telephone, or online. The arbitrator shall apply California laws. The arbitrator will issue a decision in writing but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. CVmaker may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within fourteen (14) days of the arbitrator's ruling on the merits.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
9.1(ii) Class-Action Waiver
You and CVmaker agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. This means that you cannot participate in any sort of representative proceeding against CVmaker, including as a plaintiff or class member in any purported class action.
9.1(iii) Governing Law and Location
This Agreement shall be governed by and construed in accordance with the laws of California without regard to its conflict of law principles. Subject to and without waiving the arbitration agreement, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in San Francisco, Califiornia (a “Court of Competent Jurisdiction”). You and CVmaker stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.
9.2 Non-US Residents
This Agreement will be governed, interpreted, and executed in accordance with Dutch law, renouncing your own jurisdiction and submitting yourself to the jurisdiction and venue of Amsterdam, Holland, notwithstanding any lawful provision to the contrary.
Depending on your country of residence, you may, under certain circumstances, be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
Article 10. Disclaimer, Limit of Liability, and Assumption of Risk
CVMAKER AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CVMAKER PROVIDES THE SITE AND SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CVMAKER 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.
10.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CVMAKER, 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.
CVMAKER 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 CVMAKER 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 CVMAKER. 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
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify CVmaker and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
Article 11. DMCA Notice
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., webpage address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Site where the material that 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 your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We may terminate your Account or use of the Services if you are a repeat infringer under a repeat infringer policy. If you are the subject of a complaint, you may file a counter-notice pursuant to the DMCA.
Article 12. Changes to Terms
Article 13. Third Party Websites and Services
13.1 Third Party Websites
“Third Party Websites” may be linked to the Site. CVmaker does not have control over the content and performance of Third Party Websites. Accordingly, CVmaker does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods or services available through the Third Party Websites. CVmaker disclaims, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
13.2 Third Party Services
The Services may be linked with the services of third parties ("Third Party Services"), some of whom may have established relationships with CVmaker and some of whom do not. We do not have control over the content and performance of Third Party Services. CVmaker has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.
Article 14. General Terms
These Terms constitute the entire agreement between the Parties as to the matters in these Terms and supersede any prior agreements. These Terms do not create any agency, partnership, employer, or joint venture relationship. CVmaker is entitled to transfer its rights and obligations under the Agreement, as well as any data it processes, in the event of a sale, merger, or acquisition of CVmaker. Use of the Services, including creation and use of an account, constitutes your consent to receiving communications from us, including emails with marketing offers and information about your account. The parties shall not be liable for any event beyond that party’s reasonable control, such as a war, pandemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.
Article 15. Contact Us
If you have any questions, suggestions or comments about these Terms, you may contact us by using the contact form or emailing us at firstname.lastname@example.org.