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    Terms & Conditions
    The stuff our lawyers make us say  (Effective 20 Apr 2016)

    THIS AGREEMENT IS BINDING BETWEEN (NOW GEN IT LLC) AND YOU. DO NOT USE THE SERVICE (WWW.EXPANDRESUME.COM) UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT  NOW GEN IT LLC FROM THIS POINT FORTH WILL BE REFERED TO AS NowGenIT.

    BY CREATING AN ACCOUNT, SIGNING IN VIA A WEB BROWSER OR MOBILE APP OR APPLICATION PROGRAMMING INTERFACE, AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF NowGenIT, INCORPORATED ("NowGenIT") IN CONNECTION WITH YOUR USE OF THE EXPAND RESUME SERVICE (THE “SERVICE”), YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THESE TERMS OF USE (THE “AGREEMENT”); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY ITS TERMS; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU MAY NOT ACCESS OR USE THE SOFTWARE.

    THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

    We’ve summarized all this mumbo-jumbo for you here Basically: Instruction manual for this document. You may have already agreed to these terms.
    1. Updates to These Terms

    PLEASE NOTE THAT THE TERMS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY NowGenIT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, NowGenIt will make a new copy of the Agreement available on its website and/or within its application(s) and any new Supplemental Terms will be made available from within, or through, the affected aspect of the Service on its website and/or within its application(s). We will also update the “Last Updated” date at the top of this Agreement. Any such changes will be effective immediately for both new and existing users of the Service. NowGenIT may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. If you do not agree to the terms of the updated Agreement, you shall stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.


     

    Basically: Things Change
    2. Your Content

    You maintain ownership of and responsibility for the following while using the Service: (1) your files, designs, models, data sets, images, documents, scripts, codes or similar material or information submitted or transmitted to, or stored or otherwise used in connection with the Service by you, and (2) your specific output generated by NowGenIT’s service, if any, based on any of the foregoing (collectively, “Content”). By creating, submitting or transmitting to, posting or otherwise making your Content available to NowGenIT and/or others, you acknowledge and agree that (1) you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Content, (2) you will evaluate and bear all risks associated with your Content, and (3) under no circumstances will NowGenIT and/or its affiliates, agents and licensors and each of their respective officers, directors, and employees be liable in any way for your Content as you transmit or otherwise use it, including but not limited to any errors or omissions.

    Availability and Security: While NowGenIT will use commercially reasonable efforts to provide you with continuous access to its service, NowGenIT does not guarantee that your Content will be available or useable by you following the termination of your subscription or otherwise. Moreover, NowGenIT does not guarantee the security of your Content. You are encouraged to practice effective and secure content retention practices.

    Permissions: NowGenIT’s Service enables you to specify the level at which access to and usability of your Content is permitted to other users. You are solely responsible for establishing the appropriate level of permissions to your Content.

    NowGenIt Access: NowGenIT personnel will not access Content that you have not made publicly accessible except (1) as part of providing, maintaining, securing or modifying the Service for you and/or other users, (2) via automated tools intended to address or prevent a service, support or technical issue, (3) at your request or with your consent given to NowGenIT’s technical support team and/or other personnel as part of addressing or preventing a service, support or technical issue, (4) in connection with legal obligations or proceedings as described below, or (5) as otherwise described in NowGenIT’s Privacy Policy.

    Confidentiality: NowGenIT will consider your Content to constitute privately accessable information, with the exception of any such Content that (1) is or becomes generally known to the public without NowGenIT’s breach of this Agreement, (2) was known to NowGenIT prior to its disclosure by you without breach of any obligation owed to you, (3) is received from a third party without breach of any obligation owed to you, or (4) was independently developed by NowGenIT (“Private Information”). In hosting and otherwise using Private Information, NowGenIT will use the same degree of care that it uses to protect the privacy of its own private information of like kind (but in no event less than reasonable care) and agrees (1) not to use any Private Information for any purpose outside the scope of this Agreement and the Privacy Policy, and (2) except as you otherwise permit in writing, to limit access to your Private Information to those of NowGenIT’s and NowGenIT’s affiliates’ employees, contractors, service providers and agents who need such access for purposes consistent with this Agreement, and who are subject to confidentiality obligations with NowGenIT containing protections no less stringent than those herein.

    Legal Disclosure: NowGenIT may disclose Private Information if it is compelled by law to do so, provided that we give you prior notice of such compelled disclosure (to the extent legally permitted). You agree and acknowledge that NowGenIT may access and disclose your Content to comply with any legal obligations or governmental or regulatory body request (including subpoenas or court orders), as part of a legal proceeding involving NowGenIT and/or its affiliates, agents, licensors and each of their respective officers, directors and employees, or at your request. If disclosure is made at your request, you may be responsible for the cost of compiling and providing access to such Content.

    Intellectual Property In your use of NowGenIT’s Service, you agree to respect others’ intellectual property and other rights. In particular, you will not upload, submit or otherwise transmit any Content that: Infringes any patent, trademark, trade secret, copyright or other proprietary right of any person or entity; or You do not have a right to transmit under any other law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or other nondisclosure agreements).

    Feedback: If you choose to provide NowGenIT with ideas, suggestions, improvements, documents, proposals and/or other feedback with respect to NowGenIT’s Software, Service or Documentation (as defined below) (including but not limited to problems and errors encountered in using the Service, and ideas for enhancements of the Service), we shall be free to use such materials in any manner and for any purpose (including, without limitation, incorporation in NowGenIT’s products, services and advertising and marketing materials, and developing and marketing products and services) without liability or compensation to you or restriction of any kind. You hereby assign to NowGenIT all right, title, and interest to all such information provided to NowGenIT, and all enhancements resulting from such information, and all property rights therein including, without limitation, all patent, copyright, trade secret, trademark, moral right or other intellectual property rights.

    Basically:Terms of handling your content
    3. Right to Use Service

    License: Subject to your compliance with the terms of this Agreement, NowGenIT hereby grants to you a non-exclusive, non- transferable, non-sublicensable, revocable right to use the Service. Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

    Ownership: You acknowledge that (i) all right, title, and interest in and to the Service, the Software, and the online or other documentation (including online videos) provided by NowGenIT describing the Service and its use (the “Documentation”), and all patents, copyrights, trade secret rights, trademarks, trade names, and other proprietary rights embodied therein or associated therewith, are and shall remain with NowGenIT and/or its third party licensors, including Siemens Product Lifecycle Management Software Inc.; (ii) this Agreement conveys no right or interest in the Service, the Software or Documentation other than a limited right to use the Service in accordance herewith; and (iii) the Service, Software, and Documentation are protected by the copyright laws of the United States and international treaties.

    Hardware; Passwords: You are responsible for obtaining and maintaining all of the hardware, software, Internet access, and other products and services that you may need to use the Service. You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information (collectively, “Passwords ”) that are provided to you or that are generated in connection with your use of the Service. You are the only person to whom the license described in Section 2(a) extends, and you therefore are not permitted to allow any other person to use your Passwords to access the Service. You are fully and solely responsible for all activities that occur on the Service under your Passwords.

    Ease of access: In order to provide you with ease of access to your account and to help administer the Service, NowGenIT may implement and use technology that enables us to recognize you and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the NowGenIT service.

    Testing: We continually update the Service. In addition, we continually test various aspects of the Service, including NowGenIT’s website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using the NowGenIT Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

    Suspension of Service: Your access to, and use of, the Service may be suspended temporarily for the duration of any scheduled maintenance or unscheduled downtime or unavailability of any portion, or all, of the Service for any reason, including as a result of power outages, system, or Internet failures or other interruptions. NowGenIT also reserves the right to suspend your subscription anytime with or without notification in order to protect NowGenIT and you from what we believe to be fraudulent activity. NowGenIT is not obligated to credit or discount a paid subscription for holds placed on it by either a representative of NowGenIT or by our automated processes.

    Basically: This agreement is active until you break up with us or we break up with you.
    4. Usage Restrictions

    Age: You must be at least thirteen (13) years old to use NowGenIT’s Service.

    Certain Obligations: You shall not: Attempt to copy, alter, modify, adapt, translate, or create derivative works of the Software or Documentation;

    Attempt to remove or alter any proprietary notice or legends appearing in the Service, Software, or Documentation;

    Analyze the Service, Software or Documentation for purposes competitive to NowGenIT, or access or otherwise use the Service, Software or Documentation in order to build a similar or competitive service offering;

    Attempt to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of the Software, or create derivative works, compilations, or collective works thereof;

    Attempt to use any component of the Software on a standalone basis;

    Attempt to export the Service, Software, or Documentation;

    Disclose or make any Password(s) available to any other person;

    Allow unauthorized access to, or use of, the Service;

    Use any robot, spider, scraper or other automated means to access the Service, or use any data mining, data gathering or extraction method;

    Upload, post, email or otherwise send or transmit any material, including any software viruses or other computer code, files or programs, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service;

    Use the Service or Software in any unauthorized or inappropriate way whatsoever, as determined in NowGenIT’s reasonable judgment, including but not limited to, by trespass or burdening network capacity;

    Use the Service in any manner to, in NowGenIT’s sole judgment, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

    and Post for public viewing Content that violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, or that is in NowGenIT’s sole judgment defamatory, vulgar, obscene, libelous, objectionable or inappropriate, or likely to promote illegal, harmful or objectionable activities.

    Monitoring and Investigations: NowGenIT may, but is not obligated to, monitor or review Public Documents, and/or posts to NowGenIT’s community forum. Without limiting the foregoing, NowGenIT shall have the right to remove any of your publicly accessible Content or forum posts that violate this Agreement, with or without prior notice to you. If NowGenIT becomes aware of any possible violations by you of any provision of this Agreement, NowGenIT reserves the right to investigate such violations and may, at its sole discretion, suspend or terminate your license to use NowGenIT, with or without prior notice to you.

    Basically: To prevent fraud, we can cancel any account that looks really fishy to us. We'll try to contact you before doing that.
    5. Subscriptions

    Ongoing Nature of Subscription: Your free or paid NowGenIT subscription will automatically continue (month-to-month for a paid subscription, year-to-year in the case of an annual paid subscription), unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid accepted method of payment (as it may be updated from time to time, “Payment Method”) in order to purchase and use a paid subscription. We will bill your subscription fees to your Payment Method. You must downgrade or cancel your subscription before it automatically renews in order to avoid billing of the next period’s subscription fees to your Payment Method.

    Differing Subscriptions: NowGenIT may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. The terms of your subscription will be disclosed at the time you sign up or in other communications made available to you. You can find specific details regarding your subscription within your account profile at www.expandresume.com. We reserve the right to modify, terminate or otherwise amend our subscription plans at any time, in our sole and absolute discretion.

    Basically: You pay you play, no pay no play
    6. Billing

    Recurring Billing: By starting your paid NowGenIT subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the NowGenIT Service to your Payment Method. You acknowledge that the amount billed each period may vary for reasons that may include promotional offers, and/or changing a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

    Price Changes: We reserve the right to adjust pricing for the NowGenIT Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will take effect following notice to you provided via email or notification within NowGenIT’s Service.

    Billing Cycle: The subscription fee for the NowGenIT Service will be billed at the beginning of your paid subscription period and each anniversary date thereafter, unless and until you cancel your subscription. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paid subscription. We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. In the event your paid subscription began on a day not contained in a given month or year, we will bill your Payment Method on an alternative day in the applicable month or year as we deem appropriate. For example, if you started a paid monthly subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of subscription or other charges. As used in this Agreement, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

    Refunds and Credits: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, following the cancellation of any paid subscription, you will continue to have access to NowGenIT’s paid service through the end of your current billing cycle. At any time, and for any reason, we may provide a refund, discount, or other consideration to any or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at NowGenIT’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstances.

    Taxes: You shall be responsible for paying all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of your paid use of the Service under this Agreement, excluding income taxes on the net profits of NowGenIT. You shall reimburse NowGenIT for the amount of any such taxes or duties paid or incurred directly by NowGenIT as a result of such paid use, and you agree that NowGenIT may charge any such reimbursable taxes to your Payment Method.

    Payment Methods: You may edit your Payment Method information by signing in to your account at cad.NowGenIT.com and clicking on “Manage account” in the dropdown menu under your user name. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or downgrade or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    Downgrades and Cancellation: You may cancel your subscription, at any time. If you cancel your subscription, you are responsible for exporting your Content, if you so choose, prior to cancelling.

     

    Basically: Expand Resume costs money.  If no pay, things will stop working.
    7. Indemnification

    You agree to indemnify and hold NowGenIT, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “NowGenIT Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, the Service or any other NowGenIT user’s Content; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. NowGenIT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NowGenIT in asserting any available defenses. You agree that the provisions in this section will survive any termination of your subscription, this Agreement, or your access to the Service.

    Basically: It's all about taking responsiblity for yourself, and not holding other's responsible for your troubles.

    8. Disclaimer of Warranty

    The Service is provided on an “as is” and “as available” basis, without warranty of any kind. NowGenIT SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    Without limiting the foregoing, NowGenIT does not warrant that (i) the Service will meet your requirements; or (ii) the Service will operate without interruption or be error free. Furthermore, NowGenIT is not responsible for delays, delivery failures, or any other unavailability, loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet. It is acknowledged that the Service may be subject to limitations, delays, and other problems inherent in the use of the Internet, servers that are hosted by third party providers, and such related network and communications infrastructure.

    Basically: Stuff happens, sometimes you gotta suck it up.
    9. Limited Liability

    YOU RECOGNIZE THAT THE PRICE PAID FOR THE RIGHTS GRANTED TO YOU HEREIN MAY BE SUBSTANTIALLY DISPROPORTIONATE TO THE VALUE OF THE SERVICE. FOR THE EXPRESS PURPOSE OF LIMITING THE LIABILITY OF NowGenIT AND ITS LICENSORS TO AN EXTENT WHICH IS REASONABLY PROPORTIONATE TO THE COMMERCIAL VALUE OF THIS TRANSACTION, YOU AGREE TO THE FOLLOWING LIMITATIONS ON NowGenIT’S AND ITS LICENSORS’ LIABILITY. TO THE EXTENT ALLOWED BY LAW, NowGenIT’S LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID NowGenIT IN THE PAST 12 MONTHS. IN NO EVENT SHALL NowGenIT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR PROFITS, WHETHER OR NOT NowGenIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SUCH LIMITATIONS ARE FAIR AND REASONABLE IN LIGHT OF THE TERMS UNDER WHICH THE SERVICE IS BEING MADE AVAILABLE TO YOU. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY STATED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NowGenIT'S THIRD PARTY LICENSORS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. NowGenIT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS), AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS, AND IN SUCH CASES NowGenIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT DESCRIBED ABOVE THAT IS PERMITTED BY APPLICABLE LAW.

    Basically: We don't want any larger burdens from you, if you run into trouble, or if you are prone to trouble.
    10. Term, Termination, Survival

    Term: This Agreement commences on the date you accept it (as described in the preamble above) and will remain in effect until you elect to terminate your subscription, or NowGenIT terminates your access. Notwithstanding the foregoing, if you used the Service or the Software prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Service or the Software.

    Termination by NowGenIT: NowGenIT shall be entitled to suspend, terminate, or limit your access to the Service at any time, with or without notice, if you breach any term of this Agreement, or if you facilitate or encourage any violation of this Agreement. Upon termination of this Agreement, you shall make no further use of the Service. Termination of this Agreement shall not affect any obligations accrued prior thereto. You understand that any termination of the Service by NowGenIT may involve deletion of your Content associated therewith. NowGenIT will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Content.

    Termination by you: If you want to terminate the Service by cancelling your subscription, you may do so by notifying NowGenIT at any time. If you cancel your subscription, we have the right to permanently delete your Content; and we also have the right but not the obligation to maintain Content that you have not permanently deleted prior to your cancellation. If you permanently delete such Content, it may persist in backup copies for a reasonable period of time thereafter in accordance with NowGenIT’s data management policies and practices (but will not be available to others).

    Effect of Termination: Termination of the Service includes removal of access to the Service and barring your further use of the Service. Termination of Service also includes deletion of your password and all related information.

    Survial: All provisions of this Agreement which by their nature should survive, shall survive termination of the Service, including without limitation warranty disclaimers and limitation of liability.

     

    Basically: If we sell the company, the buyer takes our place in this agreement.
    11. Arbitration Agreement

    Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with NowGenIT and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    Applicability of Arbitration Agreement: All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by NowGenIT that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and NowGenIT, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.

    Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to NowGenIT should be sent by nationally recognized overnight delivery service or first class postage prepaid mail to: NowGenIT, LLC., 1200 Broad Street, Unit 150, Sumter, South Carolina USA 29150, Attention: Chief Financial Officer. After the Notice is received, you and NowGenIT may attempt to resolve the claim or dispute informally. If you and NowGenIT do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

    Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Additional Rules for Non-appearance Based Arbitration: If non- appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

    Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and NowGenIT, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NowGenIT.

    Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NowGenIT in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NowGenIT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

    Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

    Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

    Right to Waive: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

    Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with NowGenIT.

    Small Claims Court: Notwithstanding the foregoing, either you or NowGenIT may bring an individual action in small claims court.

    Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

    Courts: In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Sumter South Carolina, for such purpose.

    Basically: If we have a dispute, these are the rules you agree to play by.
    12. Miscellaneous

    Governing Law: This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of South Carolina, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

    Compliance with Laws; Export Control: You agree to comply with all laws and regulations relating to your use of the Service, including without limitation those relating to export and import, privacy, and personal data protection. NowGenIT's obligation to fulfill this Agreement is subject to the provison that it is not prevented by any impediments arising out of national and international foreign trade or customs requirements, including embargoes or other sanctions. This Agreement is subject to all United States and United Kingdom government laws and regulations as may be enacted, amended or modified from time to time regarding the export from the United States and United Kingdom of NowGenIT software, services, technology, or any derivatives thereof. In the event that NowGenIT approves your export of any of the foregoing, you will only export or re-export any of the software, services, or technology provided pursuant to this Agreement, or any derivatives thereof or permit the shipment of same after obtaining at your expense any required prior authorization from the United States Department of Commerce or other applicable authority as may be required by law. Without limiting the foregoing, by using the NowGenIT Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The provisions of this Section 14(b) will survive the expiration or termination of this Agreement for any reason.

    Communications and Notice: By using the NowGenIT Service, you consent to receiving certain electronic communications from NowGenIT relating to your subscription. These communications may involve sending emails to your email address provided during registration, or posting communications within the NowGenIT service; will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails and other transactional information); and are part of your relationship with NowGenIT. You agree that any notices, agreements, disclosures or other communications that NowGenIT sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. In the event that the last email address you provided to NowGenIT is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Agreement, NowGenIT’s dispatch of the email containing such notice will nonetheless constitute effective notice. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Unless you opt out, you also consent to receive certain other communications from us, such as notifications of new NowGenIT features, promotional announcements and customer surveys via email. If you want to unsubscribe (i.e., opt out) from certain non-transactional email communications, you will have the opportunity to do so.

    Assignment: This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. You may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of NowGenIT.

    Force Majeure: NowGenIT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    Limitations Period: YOU AND NowGenIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE NowGenIT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    U.S. Government Restricted Rights: The Software is a commercial product that has been developed exclusively at private expense. If the Software is acquired directly or indirectly on behalf of a unit or agency of the United States Government under the terms of (i) a United States Department of Defense (“DOD”) contract, then the Software and Documentation are considered “Commercial Items”, as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. §252.227- 7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable, consistent with 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-14, and other relevant sections of the Code of Federal Regulations; or (ii) a Civilian agency contract, then use, reproduction, or disclosure is subject to the restrictions set forth in FAR clause 27.405(b)(2)(i), entitled Acquisition of Existing Computer Software, and any restrictions in the agency's FAR supplement and any successor regulations thereto, and the restrictions set forth in this Agreement. The United States Government will only have the rights set forth in this Agreement. NowGenIT Software and Documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Agreement.

    Severability: If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    Waiver: Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    Entire Agreement: This Agreement constitutes the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

    Basically: The Important Stuff
    13. Links to Other Materials.

    The linked sites are not necessarily under the control of NowGenIT and NowGenIT is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. NowGenIT reserves the right to terminate any link or linking program at any time. NowGenIT has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and NowGenIT shall not be responsible for notification of any change in name or location of any information on the Site.

    Basically: Just because we link to a site, doesn't mean we are responsible for the site.
    14. Dealings With Advertisers.

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE THAT NowGenIT, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.

    Basically: If you use a site or partner that we link to, any agreements between you and that other site are your business, not ours.
    Close
    Privacy & Policy
    How we handle your information and how you handle it
    Collection and Use of Personal Information

    Your privacy is important to NowGenIT. So we've developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

    Personal information is data that can be used to identify or contact a single person.  For example, your name, address, telephone number, e-mail address, as well as any other non- public information about you that is associated with or linked to any of the foregoing information. When we use the phrase “anonymous information” in this Privacy Policy, we mean information that is not associated with or linked to your personal information. Anonymous information does not enable identification of or contact with individual persons.

    You may be asked to provide your personal information anytime you are in contact with NowGenIT or an NowGenIT affiliated company. If using a NowGenIT product such as Expand Resume, information may be passed via web links or image urls to identify you by your computer logon id. NowGenIT and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. We may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

     

    We’ve summarized all this mumbo-jumbo for you here Basically: Your logon info is used, thats how this works.
    What personal information we collect

    When you create an NowGenIT ID, apply for commercial credit, purchase a product, download a software update,, contact us, or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences.  We do not store credit card information, this information is processed via a third party providing merchant services such as paypal, merchant one, first data, or bank of america.  These are examples of merchant service providers.

    When you share your content with co-workers, facility mangers and friends using NowGenIT products, send links to your documents, or invite others to participate in NowGenIT services or forums, NowGenIT may collect the information you provide about those people or solicite them to participate in NowGenIT services. NowGenIT will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.

    In the U.S., we may ask for a government issued ID in limited circumstances for the purpose of extending commercial credit, aiding promotional efforts such as veteran perference or Transition Assitance Program (TAP) promo codes, or as required by law.

    Additionally we will collect geo-location, wi-fi, ip addresses recieved from your browser as well as usage data and this information will be utilized to improve our processes, methods, or for anit-fraud efforts.

    Special Note: Your documents can be accessed by others, or those who intercept the hyperlinks you create, it is your responsibility to be care as to what documents you make avaiable online
    We do not guarantee the privacy of your documents.

    If you have performance reports that include your social security number, you need to black out the social security number and any other information you do not wish to share with potential employers or with anyone who might intercept the documents or hyperlinks you choose to upload to www.expandresume.com.

    When you generate hyperlinks with Expand Resume, they are simply a web address direct to your documents. When these pathways are shared, they are not encrypted. Anyone who intercepts these hyperlinks can access whatever docuyments you desired to share through that hyperlink until that hyperlink is disabled by you. When you delete these hyperlinks they will no longer provide access to your documents.

    When you upload documents to Expand Resume, to include photographs of yourself, your family, your co-workers, you do so taking full responsiblity for sharing this information to the world wide web,those documents belong to you. If you delete a document from the site, it will delete the file as well and those documents will no longer be available through expandresume.com. 

    From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with NowGenIT, you may not opt out of receiving some of these communications.

    We may also use personal information for internal purposes such as auditing, data analysis, and research to improve NowGenIT's products, services, and customer communications.

    If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

    Basically: You need to understand what your doing when upload your additional resume information to the site
    How we use your personal information

    The personal information we collect allows us to keep you posted on NowGenIT's latest product announcements, software updates, and upcoming events. If you don't want to be on our mailing list, you can opt out by updating your preferences, once access to those preferences becomes available.

    We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.

    We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of NowGenIT ID account holders.

    From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with NowGenIT, you may not opt out of receiving some of these communications.

    We may also use personal information for internal purposes such as auditing, data analysis, and research to improve NowGenIT's products, services, and customer communications.

    If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

    Basically: We use information for our benefit and for your benefit
    Collection and Use of Non-Personal Information

    We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

    We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone, trends, where NowGenIT is used so that we can better understand customer behavior and improve our products, services, and advertising.

    We may collect information regarding customer activities on our website, and Expand Resume services from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

    We may collect details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. To ensure quality of our services over the Internet, such information will be associated with your IP address, userlogon id.

    We may collect data about how you use your device and applications in order to help app developers improve their apps.

    If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

    Basically: We collect information about you to improve services to you for our improvement and for your improvement
    Cookies and Other Technologies

    NowGenIT's websites, online services, interactive applications, email messages, and advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

    NowGenIT and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns.

    NowGenIT and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with NowGenIT more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the NowGenIT Online Store. Knowing your country and language helps us provide a customized and more useful experience. Knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your operating system, set up your Expand Resume service, and provide you with better customer service.

    As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, google analytics data, and clickstream data.

    We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. NowGenIT may use this information in our marketing and advertising services.

    In some of our email messages, we use a "click-through URL" linked to content on the NowGenIT website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

    Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

    Basically: We do what every other web site does
    Disclosure to Third Parties

    At times NowGenIT may make certain personal information available to strategic partners that work with NowGenIT to provide products and services, or that help NowGenIT market to customers. Personal information will only be shared by NowGenIT to provide or improve our products, services and advertising.

    Basically: Friends that care are friends that share
    Service Providers

    NowGenIT shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever NowGenIT operates.

    Basically: We share your info when appropriate to support your efforts

    Others

    It may be necessary - by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence - for NowGenIT to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

    We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

    Basically: We cave under pressure
    Protection of Personal Information

    When you use some NowGenIT products, services, or applications or post on an NowGenIT forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. Please take care when using these features.  Information you post, or upload, is your responsbility.

    Basically: Use your good judgment
    Integrity and Retention of Personal Information

    NowGenIT makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

    Basically: We keep your info and it can be modified by you
    Access to Personal Information

    For personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if NowGenIT is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form.

    Basically: We're helpful, but don't waste our time
    Third-Party Sites and Services

    NowGenIT websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third.

    Basically: We have links like any other website
    Our Companywide Commitment to Your Privacy

    To make sure your personal information is secure, we communicate our privacy and security guidelines to NowGenIT employees and strictly enforce privacy safeguards within the company.

    Basically: Employees are trained
    Privacy Questions

    If you have any questions or concerns about NowGenIT's Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us. You can always contact us by phone at the relevant NowGenIT Support number.

    All such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues, which may be applicable to your circumstances.

    NowGenIT may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

    Basically: Call to voice a concern

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