Last updated: May 8, 2024
You agree and understand that by signing up on Resumonster and opening an account, you are agreeing to enter into this Terms of Use (the “Terms of Use”, “ToU”) by and between you and Raymi, LLC, and be legally bound by its terms and conditions, so please read them carefully. If any terms or conditions of this Terms of Use is unacceptable to you, please do not visit, access, or use the Resumonster platform. Use of the words “we,” “us,” “our” or “Resumonster” in this Terms of Use refers to Raymi LLC and any or all of its affiliates.
By signing up to Resumonster and opening an account, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this Terms of Use by and between you and Resumonster, and agree to be legally bound by the terms and conditions of this Terms of Use in their entirety.
BY USING THE SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS.
You agree and understand that by logging into your account or, your login, or API Authentication, as applicable, shall constitute your agreement to the amended Terms of Use by and between you and Resumonster, and you agree to be legally bound by its terms and conditions as amended. Among other things, this means that, if you log into your account or API Authenticate following an amendment to this Terms of Use, services that you or others have already undertaken, and benefits, such as that you or others have earned, could be affected by the amended terms and conditions of this Terms of Use.
You should, therefore, read this Terms of Use from time to time. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this Terms of Use, from time to time, as a condition of you accessing or using any Resumonster Services (as defined below), logging into your account, or API Authenticating, as applicable. If you do not agree to be bound by this Terms of Use, you should not access or use any Resumonster Services, login to your account, or API Authenticate. Should you disagree to this Terms of Use (including any changes or amendments), please close your account in accordance with the Account Closure section.
Consequently, your continued use of the Service after any change to these Terms means that you accept all such changes. You should consult these Terms each time you access the Service to view any changes. These terms were last modified on the date indicated above.
AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN A DISPUTE. YOU CAN OPT OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING support@resumonster.com WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS AND STATING YOUR FIRST AND LAST NAME AND THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
a. The “Service” includes Resumonster's career services, community services, and tools to help professionals get hired at top emerging companies, which may be updated, relocated, or otherwise modified from time to time, including through networks, downloadable software, and mobile or desktop applications, and all intellectual property contained therein.
b. Any person who accesses or uses the Service, whether on their own behalf or on behalf of any third party, is a “Resumonster User.”
Subject to your compliance with these Terms, Resumonster hereby grants you a non-exclusive, revocable, non-transferable license to access and use the Service for your personal purposes. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Resumonster reserves the right at all times and without notice to:
restrict and/or terminate your access to the Service (or any portion thereof); and
modify or discontinue providing the Service (or any portion thereof).
The Service requires the use of telecommunications services; Resumonster Users will use their own platforms, computers, or mobile devices to access the Service (such hardware and software, the “Equipment”). Resumonster does not provide the Equipment and is not responsible for any performance issues to the extent related to the Equipment. Payment for the Equipment and the Equipment's functionality is solely your responsibility. Additionally, you are solely responsible for the payment of all applicable fees associated with internet or cellular service you use in connection with the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by your carrier).
Resumonster's policy with respect to the collection and use of your information is described in our Privacy Policy. By accepting these Terms, you acknowledge your agreement with Resumonster's Privacy Policy https://resumonster.com/privacy.
Resumonster may use subcontractors or other third parties to perform its obligations under these Terms, but Resumonster will remain responsible for all such obligations.
Resumonster may, at any time and without notice to you: (1) restrict, deactivate, and/or terminate your access to the Service (or any portion thereof); or (2) terminate or modify the Service (or any portion thereof). Resumonster will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only remedy is to stop using the Service.
If you give Resumonster feedback, comments, or suggestions concerning the Service (collectively, “Feedback”), you hereby assign to Resumonster all right, title, and interest in and to the Feedback, and Resumonster is free to use the Feedback without payment, attribution, or restriction.
Resumonster may require you to complete a registration process to access certain parts of the Service. You must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form.
You acknowledge that if you provide any information to us that is not current, complete, or accurate, Resumonster may terminate these Terms and your continued access and use of the Service. You agree to update your information if it is no longer current, complete, and accurate.
You represent and warrant that you are at least 18 years of age and that you have not been previously suspended or removed from the Service. You are permitted to use the Service only in the United States.
As part of the registration process, you may be asked to select a username, password, or other login credentials. You are responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Resumonster immediately of any unauthorized use of your account or any other breach of security. To notify us, please email us at support@resumonster.com. You are responsible for all use of the Service occurring under your account and all content posted with your account on the Service. You may not share your login credentials with any third party. Resumonster will not be liable for any loss that you incur as a result of someone else using your login credentials or account. You may be held liable for any losses incurred by Resumonster or a third party due to someone else using your account or login credentials.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
From time to time during the term of these Terms, Resumonster may disclose or make available to you information about its business. You acknowledge that all knowledge, information and data provided by Resumonster to you that is not generally known or available publicly, whether or not marked, designated, or otherwise identified as “confidential” with respect to the business, operations and marketing of Resumonster's products and services, intellectual property of Resumonster that you may learn or discover, is confidential information of Resumonster and you will not use or disclose such confidential information to any third party without the prior written consent of Resumonster.
By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@resumonster.com. If you wish to remove yourself from our email list, please use the unsubscribe link in any email received from us, or email us with “OPT-OUT”, “UNSUBSCRIBE”, “STOP”, or “REMOVE” in the subject line.
Resumonster and third parties may make available third-party products or services, including plugins, mobile applications, and integrations, including ________, and related services (“Third-Party Services”) that you may elect to purchase or use. Any use by you of such Third-Party Services and any exchange of data between you and any Third-Party Service or Third-Party Service provider is solely between you and the applicable Third-Party Service provider. Resumonster does not warrant or provide support for Third-Party Services, whether or not they are designated by Resumonster as “recommended,” “certified,” or otherwise. Resumonster is not responsible for any violations of applicable law relating to Third-Party Services, or arising from your use of Third-Party Services.
Resumonster does not guarantee the continued availability of any Third-Party Services (or any integration with Third-Party Services or related Service features), and if such Third-Party Services, or related features are discontinued, you will not be entitled to any refund, credit, or other compensation.
The Service, including any content, templates, modifications, enhancements, and updates, and all intellectual property rights therein (collectively, “Resumonster IP”), is owned by Resumonster and its licensors. No ownership rights in the Resumonster IP are transferred to you by these Terms. You do not have any rights in or to the Resumonster IP except for the limited express rights granted in these Terms.
You acknowledge that Resumonster has acquired, and is the owner of, common law or registered trademark rights in the name and word mark "Resumonster" and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Resumonster's ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. You may not use our name or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing name and marks by you will inure exclusively to the benefit of Resumonster. All marks shown on the Service but not owned by Resumonster are the property of their respective owners.
Resumonster may collect and analyze data relating to your use of the Service that is aggregated in such a way that it is not associated with you (“Usage Data”) and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third-party analytical tools). Resumonster may analyze, copy, process, collect, use, disclose, and reproduce Usage Data for any purpose, including for the purposes of: (1) complying with a regulatory inquiry or judicial action of a governmental body; and (2) improving the Service and developing new products, services, features, and functionality.
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 Resumonster infringe 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:
Access to the Service, or certain features of the Service, may require you to pay fees, including one-time fees or fees on a subscription basis, and may provide you the option to activate recurring automatic payments for recurring fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize Resumonster or its third-party service providers to periodically charge, until cancellation, all accrued sums. Recurring subscriptions automatically renew unless they are cancelled via a method described in the Service at least 24 hours before the end of the current subscription period.
Resumonster may offer a free trial period during which you can use the Service for a limited period of time. You can manage or cancel the trial subscription through any methods described in the Service.
Payment processing services for Resumonster may be provided by a third-party payment processor, such as Stripe Inc. (“Payment Processor”). The Payment Processor uses your credit card to make payments for the Service. Stripe, Inc. handles any information you provide to them in accordance with their privacy policy which can be found at: https://stripe.com/us/privacy. By providing your payment information to sign up for the Service, you consent to Resumonster providing relevant information to our Payment Processor in order to provide the Service to you and acknowledge that you have read and agreed to the terms of the Payment Processor's privacy policy. The processing of credit card charges or credits, as applicable, relating to your use of the Service will be subject to the applicable agreement with the Payment Processor. For Stripe Inc., this is the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You hereby agree to be bound by the applicable Payment Processor agreement, which may be modified by such Payment Processor from time to time. As a condition of Resumonster enabling payment processing services through a Payment Processor, you agree to provide Resumonster accurate and complete information about you, and you authorize Resumonster to share it and transaction information related to your use of the payment processing services provided by Resumonster. Additional fees may apply to payments made via credit card.
Due to the nature of Resumonster's digital services, all purchases are final and non-refundable. Here's why refunds are not available
This policy applies to all purchases made on the Resumonster website. By completing a purchase, you acknowledge that you have read and understood this No Refund Policy.
Please note that contacting customer support will not change this No Refund Policy. However, our support representatives are happy to answer your questions and assist you with your account needs.
The term of these Terms will commence on the date on which you first access or use the Service in any way and will continue so long as you continue to access or use the Service, unless earlier terminated by Resumonster.
Either party may terminate these Terms, effective upon written notice to the other party, if the other party materially breaches these Terms and such breach is incapable of cure, or (if such breach capable of cure) the breaching party does not cure such breach within 30 days of receiving notice of it. Resumonster may take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including termination of these Terms, the suspension or termination of your access or account, or blocking you from access to the Service.
The following Sections of these Terms will survive termination or expiration of these Terms: ________________. Either party's termination of these Terms is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of liability for breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating these Terms in accordance with their terms.
DISCLAIMER
RESUMONSTER MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, THIRD-PARTY SERVICES, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS.” RESUMONSTER DOES NOT WARRANT THAT THE SERVICE OR THIRD-PARTY SERVICES WILL SATISFY YOUR REQUIREMENTS, ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF THE SERVICE OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED. RESUMONSTER CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion or limitation of warranties, so the above limitation or exclusion may not apply to you.
You will indemnify the Resumonster Parties from and pay: (1) all damages, costs, and attorneys' fees finally awarded against a Resumonster Party in any Claim; (2) all out-of-pocket costs (including attorneys' fees) reasonably incurred by a Resumonster Party in connection with the defense of a Claim; and (3) all amounts that you agree to pay to any third party to settle any Claim.
NEITHER RESUMONSTER NOR ANY RESUMONSTER PARTY WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF RESUMONSTER IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
RESUMONSTER'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (1) THE AMOUNT OF FEES PAID BY YOU TO RESUMONSTER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION); OR (2) $100.
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
Generally, in the interest of resolving disputes between you and Resumonster in the most expedient and cost-effective manner, you and Resumonster agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RESUMONSTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND RESUMONSTER UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 27 (OPT OUT). Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
Despite the provisions of Section 23, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party within the applicable statute of limitations period (“Notice”). Resumonster's email address for Notice is support@resumonster.com. The Notice must: (1) describe the nature and basis of the claim or dispute; (2) set forth the specific relief sought; and (3) if you are sending the Notice to Resumonster, include your name and address (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 45 days after the Notice is received, you or Resumonster may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Resumonster must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Resumonster will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Resumonster in settlement of the dispute prior to the arbitrator's award; or (c) $1,000.
YOU AND RESUMONSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY SECTION 23 (DISPUTE RESOLUTION)). Unless both you and Resumonster agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If Resumonster makes any future change to this arbitration provision, other than a change to Resumonster's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Resumonster's address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Resumonster. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
If Section 25.3 (No Class Actions) is found to be unenforceable or if the entirety of this Section 23 (Dispute Resolution) is found to be unenforceable, then the entirety of this Section 23 (Dispute Resolution) will be null and void and the exclusive jurisdiction and venue described in Section 29 (Governing Law) will govern any action arising out of or related to these Terms or your use of the Service.
Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section 23 (Dispute Resolution), you may opt out of this Section 23 (Dispute Resolution) by notifying Resumonster in writing of your decision by sending, within 30 days of the date you receive these Terms, an email to support@resumonster.com, stating clearly your full name, address, and intent to opt out of this Section 23 (Dispute Resolution). Should you choose not to opt out of this Section 23 (Dispute Resolution) within the 30-day period, you and Resumonster will be bound by the terms of this Section 23 (Dispute Resolution). You have the right to consult with counsel of your choice concerning this Section 23 (Dispute Resolution). You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Section 23 (Dispute Resolution).
Each party will comply with all applicable international, federal, state, provincial, and local laws, regulations, binding regulatory guidance, directives, and governmental requirements in connection with exercising its rights or performing its obligations under this Agreement.
These Terms are governed by New York law without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Subject to Section 23 (Dispute Resolution), all claims arising under these Terms will be litigated exclusively in the federal or state courts of New York, New York. The parties submit to the jurisdiction in those courts. In any proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If you breach Sections 9 (Registration; Eligibility; Restrictions) or 15 (Ownership), Resumonster may suffer irreparable harm, and monetary damages may be inadequate to compensate Resumonster. Accordingly, Resumonster may, in addition to any other remedies available, seek injunctive or other equitable relief in response to any such breach.
You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide the other party the full benefits and rights described in these Terms.
You may not assign these Terms or delegate your performance without Resumonster's prior written consent, and any attempt to do so is void. Resumonster may assign or transfer these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties' permitted successors and assigns.
If any provision of these Terms or portion of a provision is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect.
Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
These Terms constitute the entire agreement and supersede any other agreement of the parties relating to their subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement these Terms.
Nothing herein will be deemed to create an employer-employee relationship between Resumonster and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
There are no third-party beneficiaries of these Terms.
All notices under these Terms must be in writing, and will be considered given: (1) upon delivery, if delivered personally or by internationally recognized courier service; (2) three business days after being sent, if delivered by U.S. registered or certified mail (return receipt requested); or (3) upon acknowledgement of receipt, if delivered by email. Either party may update its notice address by notice to the other party in accordance with this Section. All notices to Resumonster will be sent to support@resumonster.com.
Resumonster will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond Resumonster's reasonable control (a “Force Majeure Event”), so long as Resumonster uses reasonable efforts to avoid or remove those causes of delay or non-performance. If a Force Majeure Event causes Resumonster to delay or fail to perform its obligations under these Terms for 30 consecutive days, either party may terminate these Terms.
If Resumonster provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and does not define or explain any provision. Any use of the term “including” or variations thereof should be construed as if followed by the phrase “without limitation.” NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, Resumonster Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@resumonster.com.