Terms and Conditions
Professional Resume Writers provides this user agreement (“Agreement”) which is between you (the “User”) and Professional Resume Writers (“PRW”), a United States corporation located at 2370 E Stadium Blvd, Suite 540, Ann Arbor, MI 48104.
Acceptance of Terms
You must agree with and accept all of the terms and conditions contained in this Agreement in order to use ProfessionalResumeWriters.com (“Website”) and services available on this site. BY CHECKING THE BOX OR CLICKING THE “SUBMIT” BUTTON ON THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS COMPLETE AGREEMENT, YOU DO NOT HAVE PERMISSION TO ACCESS THIS SITE OR OUR SYSTEM.
Advice and Guidance
The information contained on this Website (and the products and services sold) is based on sources and information reasonably believed to be accurate as of the time it was created. However, this material deals with topics that are subject to ongoing changes related to the job market, hiring trends, as well as legal and compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax accounting, employment or related advice. The end user of this information should therefore use the contents of this material as a general guideline and not as the ultimate source of current information and, when appropriate, the user should consult their own legal, accounting or other advisors.
The PRW System
The PRW System (“System”) enables Clients to buy Services online. Clients complete a profile and then select a Provider to provide those Services. Providers create profiles and accept projects. When a Provider accepts a Client’s project, a Contract is created between the Provider and the Client. PRW collects payment from the Client in advance, and PRW pays the Provider for the successfully completed project. Neither Client nor Provider shall, in any way, decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in the Website. PRW reserves the right to change the System at any time in PRW’s sole discretion.
Clients and Providers both understand and agree that the System is a venue where PRW is not a party to a Contract between Client and Provider and PRW shall not have any liability related to that contract. PRW is not a service company and does not provide Services. PRW will provide timely payment to Providers for successfully completed and Client-approved projects. Providers are independent contractors to PRW, not employees and PRW does not control a Provider’s work. PRW makes no representations as to the capability or qualifications of any Provider or the quality, security or legality of any Services, and PRW disclaims any and all liability relating to the contracted Services.
The Provider understands that there will be a collaborative, professional relationship of equals where mutual professional respect, courtesy, and consideration are expected. The Contractor is expected to be responsive, keep the Client informed about the proceeding of the work and any problems arising, and keep the Client informed about availability and schedule for the duration of the project. All communication shall take place using the messaging functionality provided by the System. The Provider may not request to exchange money outside of the System as a means of circumventing fees during the first 90 days of the Contract. Providers are responsible for setting up a PRW-approved account to receive payments. U.S.-based Providers are responsible for providing a completed IRS W9 form before receiving payment.
The Client understands that there will be a collaborative, professional relationship of equals where mutual professional respect, courtesy, and consideration are expected. Client understands that Provider is a business with other clients to serve, and requires fair, realistic notice to attend to requests. All communication shall take place using the messaging functionality provided by the System. Abusive behavior such as requests to do additional work for no charge under threat of leaving a negative review or as a condition to mark a project as complete is prohibited. PRW reserves the right to suspend the Client’s account if the Client is caught involved in this type of behavior and to delete his reviews. The Client may not request to exchange money outside of the System during the first 90 days of the Contract.
PRW created a process to connect Providers and Clients using the System. PRW expects all Users to demonstrate professional communication and respect toward other Users of the Website at all times. Users agree to use their best judgment when posting information, feedback or other content regarding other Users, Clients, Providers, or PRW within the System. Users could be held responsible for damages suffered by other Users or PRW as a result of legally actionable or defamatory content posted to the System. Providers and Clients must comply with applicable laws and with the terms of this Agreement.
Users may only access the Website using the interface provided and may not use information from the Site for any other purpose than the intended purpose. Users may not engage in activity that disrupts the functioning of the Website, including uploading malicious or unknown files or inserting any external links that may be malicious or unknown to you. PRW is not legally responsible for any content posted or made available on the System by any User or third party. PRW is not responsible for and does not monitor User content for accuracy or reliability. PRW does reserve the right to remove content posted on the System if PRW considers such content to be in violation of this Agreement or if ordered to do so by a government authorities.
Communications and Data
PRW is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption or any other reasons.
Account Security & Personal Information
Only you as the User may access the Website and use the Service using the username and password provided for your account. You agree not to resell, assign or otherwise allow another to use or access the Service. You agree not to grant access to your account to any other party, for any reason, and to take all reasonable precautions to prevent third-party access to the Service through your account.
PRW cares about the integrity and security of your personal information. We endeavor to implement appropriate security measures. However, PRW does not guarantee that unauthorized parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Ownership of Work Product
Any works prepared by Providers in connection with a Client project shall be owned by the Provider until Client accepts the works via the System, at which time, the Client will then own the works. Client agrees not to use the works in any format until the work is accepted. Upon acceptance, Provider hereby irrevocably grants to Client a perpetual unlimited and unconditional license to use the work product and agrees not to use the work product, or any portion of, in any form, during or after the Services are completed. Provider expressly agrees not to use intellectual property of another when providing any Services.
PRW reserves the right to publish on it’s website user reviews in the promotion of its services. The review may include a user’s first name and first initial of last name along with city.
Note regarding photos used with testimonials: although the names and testimonials are real, in order to protect the privacy of our clients, we replace their actual photograph with another.
Use of Provider Name or Likeness
Provider hereby irrevocably consents to the use of their name and/or likeness, including an image in any form, as incorporated in the website by PRW, affiliates, subsidiaries, related companies, successors, licensees or designees and others acting on its behalf for the purpose of advertising and promotion in any media, throughout the world in perpetuity, including but not limited to, on the world wide web.
Provider agrees that PRW may edit, modify, and distribute the likeness, without limitation, and without compensation, further permission or notification to me. Provider hereby waives any inspection or approval of use. Provider also waives and releases
PRW and related companies from any claims based upon invasion of privacy, right of publicity, defamation, false endorsement, or claim of visual or audio alteration or faulty mechanical reproduction.
If a Client or Provider provide Confidential Information to the other and/or to PRW, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information and only use the Confidential Information in the performance of Services for the relevant Contract. Client Confidential Information shall be stored on the System unless Client requests (in writing) the removal of such information.
Chargebacks, Fraud Prevention and Client Suspension
Once the Client has made a payment for Services, the Client expressly agrees to use the dispute resolution process in this agreement and to be bound by its ruling and expressly agrees not to initiate any chargeback request with the card issuer. Should the Client initiating a chargeback request with the card issuer, Client expressly agrees and consents to share any and all information about his agreement of these terms and conditions, to defeat any such chargeback request.
By initiating a chargeback request, the Client is automatically opening a dispute and electing the credit card issuer as judge of the dispute. Winning the chargeback means winning the dispute, and the Client will be subject to the terms outlined in the ‘Ownership of Work Product’ section. If a chargeback dispute is won by Client, Provider will not be paid for services attributed to that chargeback. Losing the chargeback means losing the dispute. The Client, therefore, may take possession and ownership of the work and no other disputes my be opened for the same work.
PRW reserves the right to suspend a Client’s account if the client is discovered to be using stolen cards or any fraudulent means to pay for the project. If any work was done before fraudulent payment is discovered, the Client loses all ownership rights over the work.
THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
As a Client, your resume is backed by a guarantee. If you are not fully satisfied or not receiving more job interviews within 30 days of receiving your final resume, we will rewrite your resume again, one time, free of charge. Just send us a message within 30 days of receiving your final resume and tell us specifically what changes you’d like to see and we will rewrite your resume.
Client hereby authorizes PRW to store credit card details and to charge Client’s credit card (or any other authorized form of payment).
All Fees are non-refundable.
No Partnership, Agency, Etc.
You and PRW are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Provider agrees to sign a separate Independent Contractor Agreement before performing Services.
No Endorsement or Representation
PRW makes no representation or endorsement concerning an Provider’s qualifications. In the event of a dispute between you and any Provider, you shall indemnify and hold harmless PRW as provided in ‘Indemnity’ section below.
Term and Termination
The term of this Agreement commences on the Effective Date (the date of acceptance of this Agreement) and continues in effect until terminated.
Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party provided that any such termination for convenience shall not affect the validity of any Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Contracts.
When a Provider account has been terminated or deactivated, either at the option of the Provider voluntarily or by PRW, all remaining funds in the Provider’s account are withheld until a complete investigation has been performed related to all open projects and completed projects. If it is determined that the work was not delivered satisfactorily, funds will be withheld from the Provider’s balance. Final amounts due will be determined solely by PRW.
PRW has the right to cancel or terminate your account if it believes you have violated the terms of the Agreement. After account termination, Users are not allowed to re-register on the site using a new email address or account credentials.
Circumvention of the System During Services Contract
For a period of 90 days after the Contract is initiated, both Client and Provider agree to communicating only using the System. If Client and Provider are discovered to be communicating outside the System, both accounts may be terminated without refund or payment.
90 days after the Contract is initiated, providing that a project and payment was completed successfully, Providers have the option to communicate with Clients directly and perform follow-on services for with no additional fees due to PRW. WHEN WORK IS AGREED TO OUTSIDE THE SYSTEM, PRW IS NOT PART OF SUCH ACTIVITY AND NEITHER CLIENT NOR PROVIDER IS PROTECTED BY THE TERMS OF THIS AGREEMENT.
Project Dispute Resolution Process
When a dispute arises between Provider and Client, the parties should first work together in order to develop a compromise solution. If Provider and Client are unable to come to an agreement, these are the required resolution steps:
1. Send a message to support via the contact form on professionalresumewriters.com and ask for assistance. Provide details regarding the dispute and proposed resolution.
2. PRW Support will contact both parties in an effort to develop a compromise.
3. If a compromise still cannot be reached, PRW will make a final determination within 1 calendar week of the resolution attempt.
Both parties agree that when a dispute has been officially opened, final determination is binding to both and cannot be appealed. Once payment for a Service has been made, Client and Provider expressly agree to: use this dispute resolution process and be bound by the final determination, and the Client expressly agrees to not initiate any chargeback requests with the card issuer.
By accepting these Terms and Conditions, both parties relinquish all rights to pursue any legal action in any jurisdiction against PRW for any decision made regarding the dispute or any related transaction.
You agree to indemnify, defend, and hold PRW, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable expert and attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use by you or any user of your account of the information and services provided by this Website.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO AND USE OF SYSTEM AND THE CONTENT AVAILABLE THROUGH PROFESSIONALRESUMEWRITERS.COM IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON–INFRINGEMENT. PRW MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PRW 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. PRW MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING ANY LINKS TO THIRD PARTY WEB SITES) OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
PRW AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE FOR INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF PRW HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
User (Client or Provider) may not assign this Agreement, or any of its rights or obligations hereunder, without PRW’s prior written consent in the form of a written instrument signed by a duly authorized representative of PRW. PRW may freely assign this Agreement without the consent of User.
Any controversy or claim arising out of or relating to this website or the products sold here shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Michigan, and any court having jurisdiction thereof may enter judgment on the arbitration award. The arbitrator shall provide written reasons for the award. Either you or PRW may seek any interim or preliminary relief from a court of competent jurisdiction in Washtenaw County, Michigan necessary to protect the rights or property of you or PRW pending the completion of arbitration.
We may discontinue or change this Website and its related services, or their availability to you, at any time. You may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Michigan, United States of America applicable to contracts made entirely within Michigan and wholly performed in Michigan, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Michigan. Any term, condition, or provision of this Agreement that is determined for any reason to be unlawful, invalid, void or unenforceable shall not affect any other portion of this Agreement.
This Agreement may be modified at PRW’s discretion.
last updated: Dec 8, 2019