TERMS OF SERVICE
TERMS OF SERVICE
Effective Date: This Terms of Service Agreement was last updated on June 29, 2017.
Please read this Agreement carefully.
This Agreement documents the legally binding terms and conditions attached to the use of the Site at www.Market-Connections.com (the “Website”). The Website is owned and operated by (“Mandy Fard”) (“Market-Connections” or “We”). By using or accessing the Website in any way, or viewing or browsing the Website, you the ("User" or "you") are agreeing to be bound by these Terms of Service (the “Terms” or “Agreement”).
If you do not agree to these Terms, you should immediately cease all usage of this Website. Any Non-Human Visitors to our website shall be considered agents of the individual(s) who controls, authors, or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable.
Market-Connections reserve the right, at any time, to modify, alter, or update these Terms without prior notice. Modifications shall become effective immediately upon being posted at Website. Your continued use of our Website after changes or amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Market-Connections will never share, sell, disclose, or otherwise use your name, contact information, or personally identifiable information other than to provide you the services you have requested.
1. Description of Resume Writing Services
a. Services - Overview
Market-Connections is providing review, writing, and editing services, for a single draft re-write (the “Services”), of your resume, cover letter, and/or other written materials (the “Materials”). All of the fees and expenses for Services are non-refundable. To begin the Services, you will be asked to download, fill-out, and return a Data Exchange Form, that will be available on the Website in Microsoft® Word format. You are required to return your copy of the Data Exchange Form in Microsoft® Word format. Your Materials are also required to consist of no more than two supporting documents which may be two different copies of your resume, or your resume and cover letter, etc. Any additional content is to be communicated through the Data Exchange Form. This process is described in detail on the Website at: http://www.market-connections.net/start-here.html. After you have submitted your Materials and the Data Exchange Form, the Services will begin. Market-Connections will accept two different verisons of your old/existing resume, along with the Data Exchange Form as your Materials. Any content in addition to two copies of your old/existing resume shall be communicated through the use of the Data Exchange Form.
Market-Connections is not responsible for providing Services of any kind or in the circumstance if you fail to upload or submit your Materials, fail to provide a completed Data Exchange Form, or if you fail to provide correct contact information (including e-mail address and phone number).
If you fail to timely return a completed Data Exchange Form in the proper Microsoft® Word format, you agree that Market-Connections may return only partial payments to you and refuse to provide any of the requested or agreed upon Services.
b. Services - Specific
As part of the Services:
- Materials are first proofread by the writer who is a Certified Professional Resume Writer;
- Second, Materials are subsequently reviewed by a second certified professional resume writer;
- Third, Materials are scanned through a third party automated grammar and spellchecker; and
- Finally, once your new document is prepared, you will receive a copy by email in Microsoft® Word format, so that it may easily be altered/tweaked by you, if necessary.
By utilizing the Services, you agree that Market-Connections is performing the Services for your personal use. This Section specifically includes, but is not limited to, all resumes and revised Materials provided to you by Market-Connections (e.g., resumes, Visual resumes, cover letters, and other materials). As such, you represent that you are acquiring the Services for your own use and benefit, and that the Services and resulting Materials are not meant for resale, reproduction or other similar disposition thereof. You agree that you will not, directly or indirectly, offer, transfer, sell, resell, transfer assign, pledge, copy, reproduce, hypothecate or otherwise dispose of any of the Services or Materials for any non-personal use or any commercial purpose.
c. Services – Additional Fees
Before the Services commence, you will be asked to download, fill-out, and return a Data Exchange Form, that will be available on the Website. This process is described in detail on the Website at www.market-connections.net/start-here.html. The Data Exchange Form must be returned in Microsoft ® Word format. If the Data Exchange Form is returned in a form besides Microsoft ® Word format (e.g., in manuscript, .pdf, .jpg format) and it contains more information than just your name and address, there will be an additional $75.00 fee added to the price of your Services for retyping the document and changing it into an acceptable Microsoft ® Word format. To avoid this fee, please return the Data Exchange Form typed, in Microsoft ® Word format, .doc or .docx format.
Additionally, if the Data Exchange Form is returned in a form that has been substantially changed or altered from that which was downloaded from the Website, an additional $75.00 fee will apply and be added to the price of your Services.
d. Services – Revisions.
Market-Connections provides a 100% satisfaction policy on all written Materials, subject to the provisions in this subsection C. If there are any factual errors in the revised Materials prepared by Market-Connections, corrections will be made at no extra charge, as long as all requests for corrections are communicated to Market-Connections within the first five (5) days after the Materials have been emailed by Market-Connections to you.
If the initial information contained in the Materials submitted by you, prior to start of Services, contains factual errors, Market-Connections will correct and revise the errors upon your review of the final copy, but there will be an additional fee (based on hourly rates) depending on the level of work involved, and only if the re-submission requirements are met by you.
If, after you submit the Materials to Market-Connections, you decide or determine that the Materials or submitted information requires alterations or corrections, there may be an additional fee (based on hourly rates) depending on the level of work involved, and re-submission requirements.
If, after Market-Connections has returned the revised Materials to you, you show such Materials to any friends, family, or other acquaintances, those individuals may have personal thoughts or feelings about the Materials.
Sometimes the feedback you receive can be useful and Market-Connections can use it to improve your Materials. Other times, however, the person who is providing the feedback is expressing a personal opinion (not backed up by facts), or basing their guidance on information they may have read or heard which may be outdated or irrelevant to your specific situation.
Market-Connections is happy to discuss any feedback you receive, including explaining the strategy behind why the information was presented the way that it is in your revised Materials.
However, the ONLY opinion that matters when it comes to your Materials is that of the hiring manager for the job you’re targeting. If you would like to make changes to your resume based on the feedback of any third-party (e.g., family or friends), Market-Conditions is willing to make the changes — on two conditions:
- Any such revisions will be considered an “additional version” of the Materials, and Market-Connections will charge an hourly rate to make any changes (payable in advance); AND
- You will be required to sign a hold-harmless statement that Market-Connections is making the changes to your Materials against its professional judgment.
If, more than five (5) days pass after Market-Connections has returned any revised Materials to you, and you do not object to the Materials, you are indicating to Market-Connections that the Services have been successfully completed; additional charges will be incurred for corrections received after this time-period.
If Market-Connections provides any Services and/or revised Materials to you, free of charge or without cost, there will be no revisions or corrections made to any such Materials.
e. Services - General.
By submitting Materials to Market-Connection, you represent and warrant that you own or otherwise control all of the rights to the Materials, that the information contained within the Materials is accurate, that your use of the Materials does not violate this policy or any applicable law, and will not cause injury to any person or entity, and that you will indemnify us for all claims resulting from Materials you supply. Market-Connections assumes no responsibility or liability for any Materials posted or submitted by you or any other third-party. Please note, Market-Connections does not guarantee interviews or jobs offers.
You represent and warrant to Market-Connections that none of the Materials submitting by you shall contain any content that (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule, or regulation, (iii) infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. Market-Connections reserves the right to delete any such Material from the Website and refuse Services to you.
Prices for Services may vary and are subject to change depending on the scope of each individual project. You agree that the Services conducted on your Materials may be performed by one or more writers employed or sub-contracted by Market-Connections. There is no guarantee that any specific individual employed by or associated with Market-Connections will perform the Services on your Materials.
Once your payment is received by Market-Connections, you understand that Market-Connections will attempt to contact you via telephone and/or email in an attempt to coordinate and schedule a 15 to 30 minutes telephone call. The first telephone call will be scheduled at a time that is convenient to both parties. If you are unable to attend the first scheduled telephone call, a second call will be scheduled. You may cancel or miss the scheduled appointment only once. If you do not present yourself for the second phone appointment, a third appointment will not be re-scheduled.
f. Services – Time for Completion
Normal turnaround time for Services is ten (10) working days from the date of receipt of your Materials, but may be longer in certain circumstances, which may include the size of each individual project. Market-Connections does not guarantee a “specific hour” / “time-of-day” for completion.
If you would like for the Services to be completed before the normal ten (10) working day turnaround time, please contact Market-Connections via email at email@example.com. For an additional Rush Fee of $150.00, Market-Connections will complete the Services in five  days or less.
g. Services – License
By utilizing the Market-Connections Website and/or Services, you grant Market-Connections a perpetual, non-exclusive, non-transferable, worldwide license to use the Materials as they appear before and after the Services, for Permitted Commercial Purposes.
"Permitted Commercial Purposes" means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. Permitted Commercial Purposes will only by permitted on the condition that Market-Connections removes all personally identifiable information (e.g., your name, your contact information, your prior employers, and other identifiable information) from the Materials before any such use.
2. Service Rules
You are not allowed to use the Market-Connections Website or any of the Services for (i) any commercial purposes; (ii) impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity, or hiding or attempting to hide your identity; (iii) improperly interfering with the Website and/or the Services; (iv) accessing any content on the Website by or through any technology or means other than those authorized by Market-Connections; (v) bypassing the measures we may use to prevent or restrict access to Market-Connections, including without limitation features that prevent or restrict use or copying of any content on the Website or the content therein; (vi) using any Market-Connections content on the Website and/or the Services, including any Market-Connections trademarks, in any manner without the express written authorization from Market-Connections; (vii) using Market-Connections Website and/or Services to support, incite or promote discrimination, hostility or violence; (viii) using any Market-Connections trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (ix) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Market-Connections.
3. Phone Support
To provide customers with accurate documents, Market-Connections’ writers primary mode of communication with customers is via email. This is to ensure accurate documentation and record keeping so that Market-Connections can meet your needs most effectively. However, Market-Connections offers limited customer support via phone if required. Should you need to contact us by phone, please call 310-621-9060.
The Website may provide, or third parties may provide, links to other World Wide Websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.
5. Disclaimer of Warranty
THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MARKET-CONNECTIONS, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT MARKET-CONNECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
BY USING THE WEBSITE, YOU AGREE THAT WE WILL NOT, FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF MARKET-CONNECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE WEBSITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON THE WEBSITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold Market-Connections harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the Terms of this Agreement, and/or (b) your use of the Services. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Market-Connection’s rights or obligations shall be made without Market-Connection’s prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
8. Governing Law and Jurisdiction
This Website is operated and provided in the State of California. As such, it is subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. Market-Connections makes no representation that its Website or other Services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access this website you agree to do so subject to the laws of the State of California. Should a dispute arise out of these Terms, you consent to the jurisdiction of federal and state courts within the State of California. In addition, you consent to the venue of the State of California, in any action brought against you in connection with any breach of this Agreement. You consent to electronic service of process, if available, regarding actions under this Agreement.
9. Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or its Services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Any dispute or claim relating in any way to your use of the Website or the Service, or to any products or services sold or distributed by the Website or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in an office to be designated by Market-Connections for arbitration in accordance with applicable United States Arbitration and Mediation Rules of Arbitration. Arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
You and Market-Connections each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
11. Independent Contractor
Market-Connections is an independent contractor performing services for its clients. As such, Market-Connections and/or Mandy Fard’s performance and Services is/are not to create a partnership, joint venture, or employment relationship of any kind.
12. Copyright and Trademark Information
All content included or available on this Website, including website design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by Market-Connections in 2017 (© 2017 Market-Connections), with all rights reserved, and is the property of Market-Connections protected by intellectual property rights. Any use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy these web pages or the content contained therein.
The content may not be used in connection with any product or service that is not provided by Market-Connections, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Market-Connections.
Market-Connections retains the right, at its sole discretion, to terminate any user's access to this website who is determined in its sole discretion or believed to be involved with botnets web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from this website automatically or any other related activities. If any hostnames are used as command and control points for botnets, Market-Connections reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
13. Special License Restrictions for Non-Human Visitors
Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Website automatically. Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address this Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses will substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website's email addresses is recognized as a violation of this agreement and expressly prohibited.
14. Entire Agreement
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.
These Terms are effective unless and until terminated by Market-Connections. Market-Connections may terminate all or part of the Website at any time without notice to you.
16. Other Terms
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Market-Connections, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and Market-Connections in relation to your use of this Website.