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This is a legal agreement between you and Innovative Solutions. Please read
the terms and conditions of this agreement carefully before using
CleverResume.com (Service). Your use of this Service constitutes your assent
to and acceptance of this Agreement. Please review these terms of use
periodically as Innovative Solutions may revise these Terms of Use from time
to time without notice to you. If we plan to make significant changes to
this Agreement, we will post those changes at this location at least 30 days
before they take effect.
1. Grant of
License
Subject to the terms of this Agreement, Innovative Solutions grants you the
non-exclusive, non sub-licensable right to use the CleverResume.com service
only in accordance with the documentation and terms provided by Innovative
Solutions. As between you and Innovative Solutions, Innovative Solutions
retains title to and ownership of all copyrights, patent rights, trademark
rights and other proprietary rights with respect to CleverResume.com and all
respective material located on sublicensed web sites based on or sites
powered by the CleverResume technology. You agree not to transmit any
unlawful, libelous, harassing, sexually and/or racially offensive, abusive,
obscene, threatening, harmful, privacy invading, vulgar, or otherwise
objectionable material of any kind. You agree not to transmit "unsolicited
e-mail," "spam," "chain letters", or mass distribution of e-mail, or to use
the CleverResume.com service for any commercial purposes. You agree not to
impersonate any other person. Any violation of these terms warrants
immediate termination of service and may subject you to other charges or
fines if applicable.
2. Restrictions
You may not copy any portion of CleverResume.com, except as required to use
the web site in accordance with this agreement and except for one copy of
your information solely for back-up purposes.
(a) You may NOT (and shall not knowingly allow any third party to) modify,
or create a derivative work of any part of CleverResume.com
(b) You may NOT (and shall not knowingly allow any third party to) RENT,
LEASE OR USE THE CLEVERRESUME.COM SERVICE IN A BUSINESS OR FOR COMMERCIAL
PURPOSES WITHOUT FIRST OBTAINING A BUSINESS LICENSE FROM INNOVATIVE
SOLUTIONS.
(c) You may NOT (and shall not knowingly allow any third party to) reverse
engineer, decompile, disassemble or otherwise attempt to reconstruct or
discover any source code, underlying ideas, algorithms, file formats or
programming interfaces of any portion of CleverResume.com.
3. Term
This Agreement will remain in effect unless it is terminated by either
party. Upon termination you will cease to use CleverResume.com and destroy
all written materials and local copies of CleverResume.com including all
resumes created using the CleverResume.com service. You agree that
Innovative Solutions, in its sole discretion, may terminate your account or
use of the Service, and remove and discard any information you have provided
for any reason, including, without limitation, lack of use or if Innovative
Solutions believes that you have violated or acted inconsistently with the
spirit of the terms herein. Innovative Solutions may at any time discontinue
providing the CleverResume.com service, or any part thereof, with or without
notice. You agree to allow Innovative Solutions the right to terminate your
access to the service under any provision of this agreement without prior
notice, and acknowledge and agree that Innovative Solutions may immediately
deactivate or delete your account and all related information in your
account and/or bar any further access to such files or the service. You
agree that Innovative Solutions shall not be liable to you or any third
party for any termination of your access to CleverResume.com.
4. Warranty
THE CLEVERRESUME.COM SERVICE/PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, IS NON REFUNDABLE AND WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. INNOVATIVE SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE
WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES INNOVATIVE SOLUTIONS MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE. INNOVATIVE SOLUTIONS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO
WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR
MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS)
THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE.
INNOVATIVE SOLUTIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM INNOVATIVE SOLUTIONS OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW
EXCLUSIONS OF CERTAIN WARRANTIES AND LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
INNOVATIVE SOLUTIONS SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR LOSS OR INACCURACY OF
DATA, (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING,
BUT NOT LIMITED TO LOSS OF PROFITS, OR (C) FOR ANY MATTER BEYOND ITS
REASONABLE CONTROL. You agree to indemnify and hold Innovative Solutions,
CleverResume.com and its affiliates, officers, co-branders, licensees or
other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
the content you have submitted, your use of the CleverResume.com service
your violation of this agreement or your violation of any rights of any
third party.
6. General.
This is the entire agreement regarding the product. If any provision of this
Agreement is found to be unenforceable or invalid, the balance of this
Agreement shall remain enforceable according to its terms. This Agreement
shall be governed by the laws of the province of Ontario and Canada without
regard to conflicts of laws provisions thereof and without regard to the
United Nations Convention on Contracts for the International Sale of Goods.
The CleverResume.com Service shall not be exported except in compliance with
all applicable export laws and regulations. Copyright (c) 2006 Innovative
Solutions. Use, duplication or disclosure by the U.S. Government is subject
to restrictions set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, and in similar clauses in the NASA
FAR Supplement.
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