TERMS AND CONDITIONS FOR DRAGONRESUME.COM
PART I: TERMS AND CONDITIONS
Welcome to DragonResume.com! We are a premier resume writing service which has its main website at dragoncareers.com. Dragon Resume dba Dragoncareers.com is a limited liability company organized in Florida (hereinafter called, “Dragon”,” Dragon Resume”, “Dragon Careers”, “us”, “our” or the “Company”). Dragon has helped thousands of Clients to excel in their employment pursuits and to obtain an edge over the stiff competition that they inevitably face in a tough hiring market nationwide.
1.1 TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT
BY ACCESSING THIS SITE, THE CLIENT AGREES AND HEREBY ACKNOWLEDGES, AND UNDERSTANDS THAT HE/SHE/IT IS ENTERING A LEGALLY BINDING CONTRACT. THE CLIENT HEREBY AGREES THAT IF ANY POLICIES OR PROVISIONS CONTAINED IN THESE TERMS AND CONDITIONS, ALSO CALLED THE AGREEMENT, ARE NOT ACCEPTABLE, THAT HE/SHE/IT WILL IMMEDIATELY CEASE FROM USING THE WEBSITE AND THE SERVICES. THE CLIENT AGREES THAT THERE IS GOOD AND VALUABLE CONSIDERATION PASSING BETWEEN BOTH PARTIES TO THE AGREEMENT, AND THE CLIENT STATES HIS/HER/ITS INTENTION TO BE LEGALLY BOUND TO ALL PROVISIONS AND MATERIALS THAT COMPRISE THE AGREEMENT.
1.2 DIGITAL SIGNATURE
By registering for a Dragon account on the Site (an “Account”), or by clicking to accept the Terms and Conditions when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on the date you register your Account or click to accept the Terms and Conditions, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you can electronically receive, download, and print this Agreement, the other Terms and Conditions, and any amendments.
1.3 GENERALITY OF TERMINOLOGY
The headings used in the terms and conditions are for convenience sake only and do not carry legal specificity in any way.
- Must be 18 years or Sponsored by Parent.
The Site is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Those who are under 18 must enter and start an account under the name, approval and signature of the person’s parent or legal guardian, as described below. Dragon reserves the right to request additional information or documents to approve of an account under these circumstances.
- Parents responsible for activities of minors using the site.
No one can use the site or be a customer who is under the age of 18. If you are the parent or legal guardian of a child under the age of 18, and you register a User and/or Customer account under your own name and with your own information, the minor may use the site under your auspices and control. In such event, you are legally responsible to pay for the services and products purchased as the legal party to the transaction. In such event, you hereby agree to be bound by all these terms and conditions with respect to your or the child’s use of the website. This means that you voluntarily and willingly agree to be bound by any purchase agreements and for any sums owing on the account. You understand that we reserve the right to reject any information or payment devices presented by you in our discretion and that you will be required to submit personal information and credit card information in order to establish an account to be used by the minor under your authority.
- Visitors and Clients.
A Visitor is a casual user who is visiting the site but who has not yet opened an account. Even visitors, however, must log in, obtain a user name and assign a password. Every person, whether a visitor or client, must be able to enter a binding contract and must provide their correct name and identifying information requested. A Client is a person who has opened an account and purchased one or more products and/or services. The identifying information will stay with the person when he/she becomes a Client. A Client is required to provide additional information for entering a transaction for services with Smartketer. This includes addresses, business entity, legal status, credit card information, PayPal information and the like.
- SETTING UP AND MAINTAINING AN ACCOUNT
Setting up an account with Dragon is free of charge. The account process starts with the user name and password designations. When the first product or services are ordered, a Client Account is started. You are responsible for all activities that occur through your account. You hereby warrant that you will provide only true and accurate information to Dragon with respect to all aspects of your account. You agree to pay for the services and products ordered on the account. You will use reasonable measures to keep your account secure, including the changing of your password periodically. You agree to promptly notify Dragon of any breach of security, misuse or unauthorized use of the account or your credentials. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any such information and passwords, and accept responsibility for all activities that occur under your account or password. Dragon takes no responsibility and assumes no liability for any incorrect or false content posted or submitted by you or any users of your account.
By creating an account on Dragon, you may subscribe to our informational mailings or other type of email notifications. You can opt-out from such email notifications that you receive by clicking the Unsubscribe link or by editing your email preferences directly within your account.
The headings in these Terms & Conditions are a matter of convenience only, and no legal import should be attributed to the wording or placement of the headings.
1.6 MODIFICATIONS OR CHANGES
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. All changes will be posted on the website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of service constitutes acceptance of those changes.
PART II: SERVICES, LIMITATIONS, DISCLAIMERS, ETC.
2.0 THE SERVICE IS DESIGNED TO HELP INCREASE YOUR CHANCES
The resume service was started by recruiters who know from long experience what employers look for in resumes and career presentations. Dragon associates are experienced in drafting resumes to fit your individual needs and goals. As with anything else, experience counts, and our writers have put in hundreds of hours of training and writing of career impact documents. The job seeker benefits from using a resume designed to zero in on the salient factors that employers are seeking, and in focusing on the important reasons why the applicant will be an asset to the potential employer. Even seasoned executives sometimes lack the inside knowledge of how the candidate sourcing and selection process works, leaving some of the top candidate resumes left unseen. Today’s top employers utilize new technology to help sort through thousands of resumes. Software called application tracking software uses algorithms and sophisticated sorting processes to eliminate all but the top resumes in the system. This can in many cases eliminate a strong candidate simply because their resume didn’t have the right key words and was formatted in such a way that the software did not pick up the proper information.
We provide the right key words and concepts to increase the chances of being accepted by the application tracking software that might have automatically excluded you from consideration. We also give you strong-impact cover letters to fit the situation. We offer other preparatory services to improve one’s interviewing techniques. All services are described on the website and the fees per each item are also listed in our price lists. As with any product or service of this nature, there are great imponderables regarding the employment process and no guarantee or warranty is given to you by Dragon as to the results of using our services and products. Read all disclaimers of liability and warranty in later sections hereunder, which you must agree to prior to going forward and using our website and services.
2.1 YOU AGREE TO OUR NO-REFUND POLICY
In return for these valuable services, You hereby agree and acknowledge that you have an absolute duty to pay for the services purchased. It is Dragon’s strict policy that it cannot give refunds to Clients who receive resume services. Dragon works with you to assure your satisfaction by giving a free revision after the product is delivered and reviewed by you. Some packages offer more than one revision. All clients receive the benefits of our advanced technological resources and it is economically impractical to provide refunds after those resources have been tapped to provide a personalized product to the Client. You hereby acknowledge your understanding and acceptance of this policy and its reasons. You voluntarily represent that you will not seek a refund nor will you attempt to use credit card chargeback strategies to obtain a refund. If you do not willingly agree to this policy, you should go no further and should leave the website now, and cease from using or trying to use the services. That no-refund, no charge-back policy and related information is further described below and on the Dragon websites.
2.2 RESOLUTION OF DISPUTES – NO CLASS ACTIONS
- Informal Mediation. You agree further that in the event of a dispute hereunder, that the client service department of Dragon will review the dispute and return an answer to you within 10 days or sooner. This informal mediation procedure will govern the resolution of disputes between you and Dragon, and you hereby agree to abide by the decisions rendered. In any event, you agree that Dragon shall not be liable in any court for more than the amount of funds that you spent on the account in the 6 months preceding the dispute.
- No Class Action Participation. You understand and willingly agree that 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, and also that you are bound by the restrictions in the preceding paragraph.
2.3 THE RESUME PREPARATION PROCEDURES AND TERMS
(Note: Clients who purchase services through a group program may be subject to procedures that differ in part from the process described below.)
- Choosing a Package and Making Payment. You begin by choosing a desired package on our website and making payment for it. Our price list and pricing system allows for the purchase of some separate services and enhancements after the resume package is purchased. After payment is approved and collected, we begin by getting the full range of information from you so that the presentation will be thorough and will take advantage of your relevant qualities. This begins with the uploading of your existing resume and the completion of an online questionnaire. Unless otherwise noted, there is a maximum page limit of four pages per resume included in each package. Additional pages may results in additional charges for the added work to be completed. All discounted resume packages have a strict page limit of four pages. Standard additional page rates are $29 per page but are subject to change without notice. Price per page only available in conjunction with a full resume package purchase.
- Preparation and Delivery of the Resume. Dragon administrators will then format the resume to the Dragon template and assign the job order to a writer. The writer will prepare a first draft and send it to you. Then, after review, you may request revisions or ask for changes, additions, or modifications.
- Revision Policy. In most instances, you will receive one revision through this procedure. If you purchased one of our premium packages, more than one revision may be available. You may also order an additional revision “ala carte” after receiving an included revision, by making an online request and pre-paying the designated fee for an extra revision not included in the purchased package.
- No Refund, No Chargeback Policy. Dragon provides a high-quality service that applies its appreciable technology and writing skills for the Client. Most Clients are pleased with the first resume that we construct for them, but just in case we provide our revision policy to assure your satisfaction. Based on the nature of the technology, the company cannot take back that effort and, therefore, providing a refund is economically detrimental. Dragon reiterates its policy of no refunds, no chargebacks. We are ready to provide a free revision and to work with you in that way. However, if the no refund, no chargeback policy is not agreeable, you are respectfully advised to leave the site now and not attempt to order the services.
2.4 THE PROCESS IS SUBJECTIVE — THERE ARE NO GUARANTEES
You agree that despite receiving these valuable tools to maximize your job-seeking presentation, even the best resume and cover letters cannot guarantee a job interview or, if there is an interview, that the prospective employer will hire you. The hiring process is unpredictable, with the prospective employer usually having personal preferences and preconceived notions. If the job-seeker does not appear to fit the employer’s subjective viewpoint, the employer will likely not grant an interview, or, after an interview, will not hire the job-seeker, despite being generally receptive to a professional resume and introductory letter. Therefore, it is agreed by you and Dragon that Dragon does not warrant or guarantee:
- That you will receive a job offer;
- That you will receive an interview from a prospective employer;
- That you will achieve any specific success in your job search; or
- That any specific attainment of employment will occur.
2.5 DISCLAIMER OF WARRANTIES
Because you understand that the process is inherently subjective, and because Dragon cannot guarantee or warrant the success of your job search, you hereby willingly and voluntarily agree to and acknowledge the Disclaimer of warranties set forth below.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU, OR THEY MAY APPLY ONLY PARTIALLY. IN SUCH STATES, DRAGON’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU HEREBY AGREE TO OBTAIN INDEPENDENT LEGAL COUNSEL, AS DEEMED NECESSARY OR DESIRABLE, TO DETERMINE THE LIMITS OF YOUR PROTECTIONS UNDER LAW AND THE EXTENT OF THE WAIVERS AND LIMITATIONS INCLUDED IN THIS AGREEMENT.
YOU HEREBY UNDERSTAND AND VOLUNTARILY AGREE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED IN “AS IS” CONDITION, WITHOUT WARRANTY OF ANY KIND, INCLUDING EXPRESS OR IMPLIED, WARRANTIES FOR A PARTICULAR PURPOSE, OR OF MERCHANTABILITY. DRAGON GIVES NO WARRANTIES OR GUARANTEES REGARDING THE QUALITY OR ACCURACY OF THE PRODUCT, OR REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT NEEDS. YOU UNDERSTAND AND WILLINGLY HERE AGREE THAT DRAGON IS NOT AND CANNOT BE RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY AND/OR OTHER COMPENSATION DECISIONS THAT ARE MADE BY OUTSIDE ENTITIES AND/OR PRESENT OR PROSPECTIVE EMPLOYERS. YOU VOLUNTARILY AGREE TO THIS PROVISION WITH THE UNDERSTANDING AND APPRECIATION THAT MANY IMPONDERABLES GO INTO THE INTERVIEWING, PROMOTION AND/OR HIRING PROCESS.
2.6 LIMITATION OF LIABILITY.
EXCEPT AS OTHERWISE MAY BE EXCEPTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAGON, ITS AGENTS, REPRESENTATIVES, OWNERS, OFFICERS, MEMBERS, OR EMPLOYEES, BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OR INJURY, OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOST PROFITS, LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY ( INCLUDING THE DUTY OF GOOD FAITH), FINANCIAL DAMAGES, WHETHER LIQUIDATED OR UNLIQUIDATED, OR ANY OTHER CLAIMS OF ANY TYPE WHATSOEVER RESULTING FROM, OR IN ANY WAY CONNECTED TO THE PERFORMANCE, OR NONPERFORMANCE, BY DRAGON, ITS AGENTS, REPRESENTATIVES, OWNERS, OFFICERS, MEMBERS OR EMPLOYEES, OF ITS PROMISES HEREUNDER. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF RECOVERY.
YOU HEREBY AFFIRMATIVELY RELEASE AND FOREVER DISCHARGE DRAGON, ITS AGENTS, REPRESENTATIVES, OWNERS, OFFICERS, MEMBERS, AND EMPLOYEES, (COLLECTIVELY CALLED, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY TO YOU, OR TO YOUR AGENTS, REPRESENTATIVES, BENEFICIARIES, SUCCESSORS AND ASSIGNS REGARDING CLAIMS OF ANY KIND, SUITS, ACTIONS, DAMAGES, JUDGMENTS OR DEMANDS FOR PERSONAL INJURY, FINANCIAL LOSS, DEATH, OR PROPERTY DAMAGE, ARISING FROM, OR RELATED TO, THIS AGREEMENT OR RELATED TO ANY ACTION, SERVICES OR PRODUCT PROVIDED, OR TO BE PROVIDED, BY DRAGON TO YOU, REGARDLESS OF WHERE THE LOSS, INJURY, DEATH, OR PROPERTY DAMAGE OCCURS AND EVEN IF NOTICE HAS BEEN SENT IN ADVANCE TO DRAGON. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
2.7 THIRD-PARTY CONTENT ON THE WEBSITE.
The website may contain various opinions, advertisements, advice, services and other content that is presented by third parties unrelated to Dragon. You agree and understand that any such opinions, advertisements, advice, services, and other content or information, are made by the respective providers, authors and distributors, and are not the product of Dragon. You agree that you access the website at your own risk, and that Dragon has no liability or responsibility for any third-party content. Dragon is not responsible for, nor does it guarantee the accuracy, completeness, reliability or usefulness of, any third-party content. In addition, by the accessing and viewing the website, you understand that there may be content that you find offensive, inaccurate or objectionable. You understand and agree that Dragon is not responsible for such third-party content. Neither is Dragon responsible for any use or misuse of any third-party product shown, advertised, offered for purchase, or purchased by you or anyone else. You agree that the decision to purchase, use or misuse any third-party product or service is solely your own, and that you assume the risk for such use or misuse.
2.8 RIGHTS ASSOCIATED WITH THE USE OF THIS SITE.
Dragon grants you a limited right to use this website under only the conditions set forth herein. This right to use, or license to use, is limited and it is a personal, revocable, non-exclusive, royalty free right for the content of this Site only and is contingent on your compliance with these Terms. This limited right is non-transferrable.
2.9 DUTY OF CLIENT TO PROVIDE INFORMATION AND PAY FOR THE SERVICES AND PRODUCTS ORDERED.
- Your Duty to Provide True and Accurate Information. Dragon offers services for sale in accordance with the terms of this agreement. You shall provide accurate and true information, including full name, age, address, telephone number, email address and credit or debit card payment information, as well as any other necessary billing information that is needed. Such information must be accurate, current and complete.
- Your Duty to Pay for the Services and Products Ordered. The agrees to complete the purchase and payment of services and products. You agree that Dragon may immediately debit your account for the fees or charges that are owed. If there is a recurring service, and a recurring charge, or fee, you agree that Dragon may debit your account on a recurring basis accordingly. You also agrees that Dragon may use third party payment processors as agents, and that those entities have the same rights as Dragon to debit your account and obtain full collection of the amount due.
- Dragon has implemented a monthly payment plan for qualifying clients. Because you may still be making monthly payments after you receive the Dragon services and products, it is important that you here warrant and affirm that you will continue to make the payments per your payment plan. You hereby agree and affirm that if you fail to make the payments as promised, your arrearages may be reported to the national credit reporting bureaus in Dragon’s discretion. Dragon may also implement its right to bring private collections and/or legal action against you in a court of law. In such events, you will be responsible for interest, penalties, legal fees and any other expenses allowed by law. You hereby agree to these terms and you warrant that you accept these terms fully as a part of using the Dragon services and website.
- Dragon May Increase or Modify Fees. Dragon has the right in its discretion to increase or modify the fees and charges for any of its services, or products, effective from the date of posting the changes on the website. No other notice is required. You agree to keep Dragon informed of any changes in its personal payment information.
- Failure to Pay Will Result in Delay or Termination of Services and Products. The right to use a service or receive a product is conditional on making payment in full, and your failure to do so will result in delay or permanent termination of the services or products, in Dragon’s sole discretion.
- Collection Efforts Result in Additional Charges and Expenses. In addition, the necessity to engage in collection activities to collect the amount due will result in additional charges for costs, interest, expenses, collection fees, court costs and reasonable attorneys’ fees. You agree Dragon may at any time suspend or terminate your account and the right to make purchases. If you have questions or concerns about their order or account, he/she/it may contact Dragon at the “Contact Us” section of the website.
PART III: INTELLECTUAL PROPERTY, RULES OF THE SITE, PROHIBITED ACTIVITIES, ETC.
3.0 PROPRIETARY AND INTELLECTUAL RIGHTS.
- All Rights Reserved.
This Site may contain and/or reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Dragon and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Dragon and/or other parties, is granted to, or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted, without the express prior written consent of Dragon. The use of any material from the website on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Bamboo Bot trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
- Copyright and Trademarks Strictly Enforced.
This Site is the copyrighted property of Dragon, and/or its various third party providers and distributors. This Site contains confidential and proprietary information and the content, products, services, information, trademarks, or programs provided on this Site by Dragon or by various third parties, may not be duplicated, copied, reproduced, republished, uploaded, posted, modified, shared, transmitted or distributed without the prior written permission of Dragon. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws and will be met with appropriate legal action. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited. You acknowledge and agree that these rights apply to any documents in pdf format, or other formats, and you expressly acknowledge and agree that said information or documents, are the property of Dragon and cannot be duplicated, copied, reproduced, republished, uploaded, posted, modified, shared, transmitted or distributed in any way without the prior written permission of Dragon. You acknowledge and agree that this prohibition shall apply to all downloadable information and documents or other information on this website or that may be added at any time in the future, whether in pdf format or other formats, and to any information, documents and materials that may be provided in any app(s) for a mobile device.
If any software or app(s) is made available to download, or other use, from this website or from any platform, including but not limited to use for cell phones and other digital instruments, it is the copyrighted work of Dragon and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”), and by the Terms and Conditions that you have here agreed to honor. You may not install or otherwise use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Please note that copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software for further reproduction or redistribution is expressly prohibited. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
You agree that Dragon has no obligation to, but may, monitor and review information you transmit over the Site. You agree that Dragon may censor, edit, remove or prohibit the transmission or receipt of any information that Dragon deems inappropriate or in violation of these Terms; and it may take any action to protect the rights or properties of Dragon or third parties. You agree that Dragon may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
3.2 ACTIONS THAT ARE NOT PERMITTED ON THE SITE.
You acknowledge and agree that, unless otherwise specified in writing, the content and services shown, or offered, on the website are for your personal and non-commercial use only, expressly including the right to upload or post professional Resumes for the purpose of job search and career enhancement.
Regarding the Client’s use of the Site, content and services, Client acknowledges and agrees that Client will not, at any time, do any of the following acts:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site, it’s content or the services offered;
- Access or view the Site, content or the services offered, by any means other than through the standard industry-accepted interfaces;
- Post or transmit any material that contains a virus or corrupted data;
- Delete any author attributions, legal notices or proprietary designations or labels;
- Violate any applicable local, state, federal, national or international law, rule or regulation or use the Site, its content and/or the services offered, for any purpose that is prohibited by these Terms;
- Manipulate or otherwise display the Site, its content and/or the services offered, by using framing or similar navigational technology;
- Register, subscribe or unsubscribe any party for any Dragon service if you are not expressly authorized by such party to do so;
- Use the Site, its content or the services offered, in any manner that could damage, disable, overburden or impair the Site’s servers or networks, or interfere with any other user’s use and enjoyment of the Site, its content and/or the services offered;
- Gain, or attempt to gain, unauthorized access to any Dragon site, its content and/or the services offered, or any of its accounts, computer systems or networks connected to the site, through hacking, password mining or any other means;
- Obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the site, its content and/or the services offered or harvest, or otherwise collect, information about other users without their consent;
- Use the site in any manner that could damage, disparage, or otherwise negatively impact the Dragon website;
- Copy, reproduce, or share any of the content, products, services, information, or programs provided by Dragon to any other server, website, or location to reproduce or redistribute them; or
- Conduct any activity that militates against the best interest of the Dragon site and/or its Clients; and to suffer, in the sole discretion of Dragon, referral to appropriate authorities and/or termination or suspension of services for such illegalities or other harmful activities.
3.3 LINKED WEB SITES.
This Site may include links to other web sites. Dragon may provide such links solely as a convenience to you and for informational purposes only. Dragon has not reviewed all the information on these other web sites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies or other materials on, or available from, such web sites. Neither Dragon, nor any other providers of products, or services, related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access any such other web sites, you do so at your own risk. Other web sites may include links to this Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.
3.4 MIS-COMMUNICATIONS/LOST TRANSACTIONS
Dragon, and any other providers of products or services related to this Site, are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Dragon, and any other providers of products or services related to this Site, are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. Dragon, and any other providers of products or services related to this Site, may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
3.5 TERMINATION OF YOUR RIGHTS.
You agree that, Dragon, may, at its sole discretion and at any time, discontinue and terminate your access to the Site or discontinue your access to its services. This discontinuance, or termination, may include deletion, or other restriction, of any username, passwords or other information, and may be done without notice to you.
PART IV: ADMINISTRATIVE PROVISIONS, ETC.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
4.2 ATTORNEY’S FEES.
If Dragon, takes any action to enforce this Agreement, Dragon, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Dragon, may be entitled.
You agree to indemnify and hold Dragon, and its subsidiaries, affiliates, officers, directors, agents, owners and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. The failure of Dragon to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
4.4 THIRD-PARTY DAMAGES.
There are unfortunately individuals that use job boards and Resume searches for fraudulent purposes. Dragon, assumes absolutely no liability for any damages whatsoever, in the event a client receives contact by anyone attempting to perpetrate fraud or any type of fraudulent activity or in the event that a client is the victim of any fraud or fraudulent attempt or activity.
4.5 NOT LIABLE FOR INACCURATE INFORMATION.
Dragon, assumes no liability for incorrect information being provided by the user on the user’s resumes or during the posting process. The accuracy, completeness, truthfulness and all other decisions relating to the content of user’s Resume are the sole responsibility of user and user expressly assumes the liability for any and all damages sustained by user or by third parties due to user’s Resume content.
4.6 TIME LIMITS FOR CLAIMS ALLOWED BY LAW
In Addition to the waiver and disclaimers of liability that you have agreed to, you also agree that, to the extent that you are allowed by law to bring any claims against us, you hereby waive any and all rights to bring such claims or actions, against the Site, Dragon, its agents, representatives, owners, members and employees, beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
4.7 GOVERNING LAW.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Florida applicable to contracts entered and to be performed entirely within said State, without consideration of or deference to, conflict of laws issues. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, to this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action, as provided herein.
4.8 ENTIRE AGREEMENT.
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the terms, conditions and provisions of the Privacy Statement, relating to this Site) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
If you have questions or comments concerning the foregoing Terms and Conditions Agreement, you may contact us at the ‘Contact Us’ page of the website or at the following address:
Dragon Resume, LLC
4440 PGA Boulevard Suite 307
Palm Beach Gardens, Florida 33410
Dragon Resume dba DragonCareers.com, a Florida limited liability company, (hereinafter called “Dragon” “we,” or “our”) is the owner and operator of the Sites, dragoncareers.com and dragonresume.com, and recognizes the importance of protecting the privacy of information we collect from you. Subject to the terms set forth herein, Dragon is committed to respecting your privacy and protecting your personal information.
This Policy explains how Dragon collects, uses, stores, shares and protects information, including personal and professional information. Dragon is committed to collecting, using, storing, sharing and protecting your personal and professional information responsibly. By using the Dragon website, you consent to the collection of such personal and professional information. We may share your information with third parties without your consent; therefore, if you do not want such information shared with third parties, you must not use this site and its services. Information that is provided will be used, stored and shared for the purposes set forth herein. This Policy covers both online and offline activities, including information that we collect through this website and any other information we may receive from you.
5.1 COLLECTION AND USE OF INFORMATION
We collect two types of information from visitors to the Sites: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information, such as your IP address or cookies.
(A) PERSONALLY IDENTIFIABLE INFORMATION
“Personally Identifiable Information” is information that identifies you personally, such as your name, address, telephone number, email address, or company name. Dragon collects and stores the personally identifiable information that you have provided to us. The two general types of personally identifiable information we collect are:
- Account and Ordering information.
Dragon collects personally identifiable information, which may include, but is not limited to, your name, mailing address, email, cookies, internet protocol (IP) addresses and telephone numbers (home, cell, etc.) entered on the Website. We typically may collect personal contact information for registration activities, product orders, customer service and customer feedback. The personal information you provide may also be used in connection with cookies and web beacons (discussed below) to improve your experience while using the Site and its Services, including remembering your preferences, customizing content or advertising you may see. We may also email you information concerning products, or additional services, which we think may interest you.
- Professional and Personal Resume or Related Information.
Because of the nature of the services offered, Dragon collects information concerning your professional and business experience and expertise, past employment or associations, educational and degree history, membership in professional or business groups, clubs and associations, individual references information, awards, honors and accolades information and other information that you may provide to us relevant to your individual Resume. We reserve the right to request that you supplement the information that you send to us with additional personal information, but this shall always be for the sole purpose of constructing and strengthening your new resume or providing other advertised services. You hereby release and forever discharge Dragon from all potential claims of any kind relating to our handling of your personal information, both when we take it to construct a resume and then when you use your resume to try and obtain a job. In no event is Dragon responsible for the release, distribution, publication, impact, results or usages of your personal information, nor are we liable for any claims of loss of privacy or other related claims generally resulting from the handling of your information.
- Payment Information.
This includes any information that you use to make a purchase of our services, such as your credit or debit card details (cardholder name, card number, expiration date, etc.), as well as check information, or other forms of payment (if such are made available). This also includes the billing name, billing address and phone number associated with your form of payment. We only collect payment information for purchases of our services. If you create an account with us, your payment information (along with your order history and other related preferences) may be stored under your account. In order to purchase our services you will need to provide the personal information, described above, including, but not limited to, your name, billing address, credit card information and phone
4. Other Information.
This refers to any other information that we might need to collect for the specific form, feature, or other service you are using or requesting. What this information might include will vary depending on the method of collection and the specific purpose(s) for which the information is being collected. Please see Section “How do we use your information?” for more specific examples
- Waiver and Release. You understand and agree that by providing this information and by using your resume, this information will be make available to the public. You release and waive forever any claims against Dragon that could possibly relate to the release or publication of your personal resume information, whether released or published by you or by Dragon or by anyone else. Dragon agrees to protect the privacy of your resume details and information that we receive from you from being released to other Clients or to third parties, other than in the normal course of performing our contractual duties to you, when you release it yourself, at your direction, or with your permission in advance.
- “NON-PERSONALLY IDENTIFIABLE INFORMATION”
This can be technical information or it can be demographic information, such as your age, gender or interests, in general terms only and not as a personal identifier. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Sites and a description of how this information is used:
- Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.
- Cookie – A “cookie” is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Sites previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Sites.
- Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Site and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
- Demographic Information – this may be your gender, age, zip code and interests, without identifying you personally, which you voluntarily provide to us on the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Site meets your needs.
- Website Usage Information.
This includes information about how you use and navigate our websites and/or applications, including which links you click on, which pages or content you view, and other similar information or statistics about your interactions with the Website, or links, which may be associated with the Site, (e.g., date and time of visit, which site you came from, etc.). This information is captured using automated technologies such as cookies and web beacons, and may be collected regardless of the device you may be using (computer, smartphone, tablet, etc.). Website usage information may be associated with your personal contact information.
- Technical Computer Information.
This includes any information about the computer system, or other technological device, that you may be using to access the Website. We typically collect this information using automated technologies, such as cookies and web beacons. Examples of technical computer information may include your computer’s IP address, operating system type, and web browser type. If you access our Website via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, location, and other similar mobile device data. Technical computer information is not typically associated with your personal contact information.
The above list provides examples of the non-personally identifiable information that is collected via the Site. Other than as set forth herein, we strive to limit the amount of information we collect and store to that which is necessary to provide you the relevant services. Dragon uses such information for all legal purposes and to provide products and services to you.
5.2 Google cookies
5.3 Refusing cookies
5.4 CUSTOMER FEEDBACK.
We may ask for customer feedback to assist us in improving the website and our services. If so, this includes information that you voluntarily share with us about your experience in using our information and/or services, including our Website. Examples may include unsolicited comments and suggestions, testimonials, or other feedback about what you may have liked (or disliked) about your experience in using our products, information or services. You hereby permit Dragon to use those comments and feedback on its site or on social media sites for marketing Dragon products and services.
5.5 HOW DO WE USE YOUR INFORMATION?
The following describes the various purposes and features for which we might collect and use your information, and the different types of information that might be collected for each. Please note, however, that not all of the uses listed below may be relevant to you.
(A) Fulfillment of Services Purchases
We may collect and use your information to process your purchase of our services, and/or to inform you about the status of any pen ding purchase of services. Depending on how you make a purchase, this could involve the collection and use of certain personal contact information, payment information, account login information, and/or information related to your purchase (such as services ordered). This could also involve the ongoing storage of your payment information to allow for easier checkout on future purchases.
(B) Website Personalization and Convenience
We may collect and use your information to personalize your experience and save you time when you visit our Website. This is typically done through the use of automated technologies (such as cookies) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, we might remember your login ID or username, so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart.
(C) Marketing Communications
(D) Other Uses of your Information
We may use your information to comply with applicable laws and regulatory requirements. We are required to respond to valid legal inquiries from law enforcement or related third parties. This means that we may be required to release of your personal information in order to the law enforcement officials or to third parties to respond to a warrant, subpoena, court order, or as may be required by a State or Federal law, regulation, or statute. If at any time we suspect your use of the Site, or its information or services, is illegal or may be in connection with an illegal, fraudulent, or otherwise prohibited activity, we will not permit you to use the Site and we may inform the appropriate authorities.
We may also use such information to enforce our Terms of Service agreement and otherwise manage our business.
5.6 WHO DO WE SHARE YOUR INFORMATION WITH?
We may share your information with certain companies (in the situations) described below. We do not rent or sell your information to third party companies.
- Third Party Service Providers
We may use third party service providers to help us operate our business, or administer activities on our behalf, such as sending emails, fulfilling your service requests, updating information, mailing products or managing payments. We may share your information with these third parties for limited purposes. These third parties are only allowed to use your information for the specific task they’ve been hired to do, and for no other purpose. They’re also required to keep your information confidential and secure.
- Business Transfers
The consent clients have provided herein to the use of their personal information by Dragon shall also extend to any person or corporation to which Dragon may transfer its business, or in the event of a merger, sale or assignment of all or a portion of our assets or stock.
- Other Disclosures
We may disclose your personal information where required, or permitted, by law or to protect and defend our rights.
5.7 HOW DO WE PROTECT YOUR INFORMATION?
We are committed to keeping personal information secure. This website has security measures to help protect against loss, misuse and alteration of sensitive information, such as credit card information. Dragon uses security measures consistent with standard industry practice to protect that information.
- Measures You Can Take
It is also important for you to play a role in keeping your information safe. When signing up for any online account, please be sure to choose an account password that is hard for others to guess and never to reveal it to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer. You may, at any time limit, or discontinue, your use of the Site, or its information and services. You must understand, however, that even after you terminate your use of the Site, we may still retain certain personal information in our databases and servers. In addition, we are not responsible for updating, or removing, your personal information contained in the lists or databases of third parties who have been provided information as permitted by this Policy.
5.8 OTHER IMPORTANT INFORMATION
This section provides additional policy information that is important for you to know or that we may be required to tell you by law.
- Links to Other Websites
This site may contain links to other sites that are not operated by Dragon and we are not responsible for the contents of such other websites. In particular, Dragon is not responsible for the privacy notices, or practices, provided in such other websites. We may provide such links only as a convenience and the inclusion of such links do not necessarily imply endorsement of the other sites by Dragon
- Opting Out or Modifications
If you prefer not to receive email messages, text messages or other communications from Dragon about new products, promotions or other information, you may opt out at any time from receiving such messages by following the “unsubscribe” instructions in such email or text message you received.
Dragon reserves the right to make changes to this Policy. In the event we make a material change to this Policy, it will be posted here. We encourage you to check this page regularly since your continued use of the Dragon websites after any changes will be deemed to constitute your acceptance of such changes.
5.9 YOUR CALIFORNIA PRIVACY RIGHTS
Dragon does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personally Identifiable Information or Non-Personally Identifiable Information.
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our Visitors and Clients who are California residents to request certain information regarding Dragon’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:
Dragon Resume, LLC
4440 PGA Boulevard Suite 307
Palm Beach Gardens, Florida 33410
If you have any questions about this Policy, or the practices of this website, you may contact us at the “Contact Us” section of the Website.
Dragon Resume, LLC
4440 PGA Boulevard Suite 307
Palm Beach Gardens, Florida 33410