1. The standard FaxMyResume.com service ("Service") owned and operated by Hire Resumes, Inc. ("HR"), is provided to you ("Member") under the terms and conditions of this FaxMyResume.com Terms of Service ("ToS") and any operating rules, policies, price schedules, or other supplemental documents which are expressly incorporated herein by a reference in this ToS and published from time to time by HR. The ToS (which includes such expressly incorporated supplemental documents) comprises the entire agreement between Member and HR and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ToS, INCLUDING, BUT NOT LIMITED TO, USE OF THE SERVICES IN COMPLIANCE WITH SECTION 11, MEMBER CONDUCT.

2. DESCRIPTION OF SERVICES

HR is providing Member with a capability to send fax documents using the FaxMyResume.com web site. In consideration for the Service, Member agrees to: (1) provide certain limited information about Member as prompted to do so by the Service (such information to be current, complete and accurate) , (2) maintain and update this information as required to keep it current, complete and accurate and (3) participate in various marketing programs available on the FaxMyResume.com site which will give member Credits for sending faxes. The information requested on original sign up shall be referred to as registration data ("Registration Data"). Although HR will take reasonable measures to exclude Member's name, mailing address, email address, account and phone number from any disclosures, HR may (i) in certain cases where Member accesses HR's site from other third party sites, release Member's email address to such third party, and (ii) as Member expressly directs HR, release Member's email address to any other person Member may specifically designate. Notwithstanding the foregoing, due to the existing legal and regulatory environment, HR cannot ensure that Member's personally identifiable information or Member's private communications will not be disclosed to third parties. By way of example (without limiting the foregoing), HR may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, HR can (and Member hereby authorizes HR to) disclose Registration Data or any information about Member to law enforcement or other government officials as HR, in its sole discretion, believes necessary or appropriate. Therefore, HR does not promise, and Member should not expect, that personally identifiable information or private communications will always remain private.

3. PRIVACY POLICY

The HR current privacy policies, which are incorporated herein by this reference, are available on the FaxMyResume.com web site.  By accepting this ToS, Member expressly consents to disclosures of Member's personal identification and other personal information to third parties, and to HR's use of Member's information, as enumerated in HR's then-current privacy policies. Although the FaxMyResume.com site acts as a passive conduit for Member to send and receive information of Member's own choosing, Member acknowledges and agrees that certain technical processing of, and access to fax messages and their content may be required to: (1) route the messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; (4) prevent or minimize disruptions to the Service, or (5) conform to other similar requirements.  HR may send to Member periodic emails containing information about FaxMyResume.com, updates on new Service features, Service usage tips, information about third party services that are likely to be of interest to FaxMyResume.com members, and member satisfaction questions. Currently, HR estimates that it will send about 3-4 such emails per month. If Member does not want to receive these emails, at any time Member may cancel his/her Service pursuant to the terms of this ToS by notifying HR. In addition to the periodic emails, HR may use Member's email address to send to Member administrative notices about Member's account (such as notices about pending activities).

4. MODIFICATIONS TO TERMS OF SERVICE AND PRIVACY POLICIES

HR may automatically amend this ToS or its privacy policies at any time by (i) posting a revised FaxMyResume.com Terms of Service document or privacy policies document on the FaxMyResume.com World Wide Web site, and/or (ii) sending information regarding the ToS or privacy policies amendment to the email address Member provides to HR. Member is responsible for regularly reviewing the FaxMyResume.com World Wide Web site to obtain timely notice of such amendments. Member's continued use of Member's membership account after such amended terms or policies have been posted or information regarding such amendment has been sent to Member shall be deemed acceptance by Member of the amended ToS or privacy policies. Otherwise, this ToS and the privacy policies may not be amended except in writing signed by both parties.

5. MODIFICATIONS TO SERVICE

HR reserves the right to modify or discontinue the Service with or without notice to Member. HR shall not be liable to Member or any third party should HR exercise its right to modify or discontinue the Service. 

7. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HR MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HR 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 COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE ACCURACY OR RELIABILITY OF ANY FILTERING TECHNOLOGY USED IN CONNECTION WITH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. HR ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE FAX AND EMAIL MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM HR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL HR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HR LIABILITY TO MEMBERS OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.

9. NO RESALE OR COMMERCIAL USE OF THE SERVICE

Member's right to use the Service is personal to Member. Member agrees not to resell the use of the Service.

10. FAIR USAGE POLICY

HR has set no fixed upper limit on the number of fax messages a Member may send through the Service, however, Member shall take no actions which impose an unreasonable or disproportionately large load on HR resources (as determined by HR in light of the load imposed by other Members generally). Distribution of unsolicited commercial faxes ("junk faxes") through the Service is prohibited, and at HR's option and without further notice, HR may use technologies and procedures, such as filters, that may terminate such junk faxes without delivering them.

11. MEMBER CONDUCT

Member is solely responsible for the contents of his or her transmissions through the Service, and, as stated above, HR simply acts as a passive conduit for Member to send information of Member's own choosing. However, HR reserves the right to take any action with respect to the Services that HR deems necessary or appropriate in HR's sole discretion if HR believes Member or Member's information may create liability for HR, compromise or disrupt the Service for Member or other FaxMyResume.com members, or may cause HR to lose (in whole or in part) the services of HR's ISPs or other suppliers. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees 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. The Service makes use of the Internet for Member to send and receive information of Member's own choosing; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use or reference the Service for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and will not attempt to gain unauthorized access to other computer systems. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

12. INDEMNIFICATION

Member agrees to indemnify and hold HR, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this ToS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

13. TERMINATION

HR may immediately terminate Member's membership and right to use the Service (1) if Member breaches this ToS, (2) if HR is unable to verify or authenticate any information Member provides to HR, (3) if such information is inaccurate, (4) if Member uses the Service for less than two fax transmissions per month, or (5) if HR decides, in its sole discretion, to discontinue offering the Service. HR shall not be liable to Member or any third party for termination of Service. Member may terminate the Service with or without cause at any time and effective immediately by written notice to HR. Should Member object to any terms and conditions of the ToS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify HR of termination. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right and HR will have no obligation thereafter to forward any unsent messages to Member or any third party. Member shall have no right and HR will have no obligation after termination to refund any Credits for sending faxes to Member. HR reserves the right to refuse the Service to any Member who has cancelled any number of previous Service accounts.

14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. HR assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

15. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by HR or HR's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

16. GENERAL TERMS

This ToS is governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in New York and further agree that any cause of action relating to this ToS shall be brought in a court in New York, New York. If any provision of this ToS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HR's failure to act with respect to a breach by Member or others does not waive HR's right to act with respect to subsequent or similar breaches. Member may not assign or transfer this ToS or any rights hereunder, and any attempt to the contrary is void. HR shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond HR's reasonable control. Member agrees that HR may communicate with Member via email and any similar technology for purposes relating to Member's membership or the Service and any other services provided or which may in the future be provided by HR or on HR's behalf. This ToS sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. The Service hereunder is offered by Hire Resumes, Inc., located at 415-A Richbell Road, Larchmont, NY 10538.