INTRODUCTION
Welcome to LinkedIn Profile & Resume Writing Services LLC, d/b/a Klaxos (“Klaxos”). These pages constitute the Terms and Conditions (“Terms”) under which you may access Klaxos.com (the “Site”) and use the information contained therein (the “Services”). Please read these Terms carefully before using the Site or services available from or through it. The Site is owned and operated by Klaxos (referred to as the “Company” or “We” or “Us” or “Our”, “the Website”, or “Services”). Any references to “you”, “your”, “User”, or “Client” refers to anyone accessing this website or using our services.
You understand that by making a purchase (also described as placing or completing an order) through Klaxos.com, by using the Site (including any content provided therein), services, or your account, or by posting any Materials on the Site, you agree to be bound by these Terms. By accessing and using our website and/or services, you represent that you have read and understood these Terms and agree to be bound by them. These Terms include our Privacy Policy, which can be found at https://klaxos.com/privacy/. If you do not accept these Terms in their entirety, you may not access or use the Site and its services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms, and your agreement to these Terms will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business.
NO CONNECTION TO LINKEDIN®
The Company is NOT affiliated with LinkedIn.com and cannot help you with any LinkedIn.com billing, password, account access, or other questions. The Company is an independent profile and resume writing service. We do not have a relationship, affiliation, sponsorship, or endorsement by LinkedIn® or its parent company, Microsoft. No content on this website or any of our services has been authorized by or represents the views or opinions of LinkedIn® or Microsoft.
AGREEMENT TO DEAL ELECTRONICALLY
The Company may keep records of any communication that is sent or received via the Site. All electronic records are deemed sent when they are properly addressed to the recipient, and the record enters an information processing system outside the control of the sender, or the record enters a region of an information processing system under the recipient’s control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses to receive electronic records or information of the type sent in a form capable of being processed by that system and from which the recipient can retrieve the electronic record. By accessing the Site or using the service, you acknowledge that your access to the Site is subject to the products/services of third parties over whom we have no control, including but not limited to: Internet service providers, hardware suppliers, third-party software, telecommunications services, and electric service. Accordingly, we shall not be liable for the unavailability of the Site or the service due to inaccessibility or inoperability as described above or due to the acts or omission of third parties.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
The Company hereby grants you the limited right to view and use the Site only to access and use our career-related services solely for your personal use of creating and revising a resume or profile in digital and other formats. The Company reserves the right to terminate, suspend, or deny, in its sole discretion, your access to all or any portion of the Site as described herein in various sections of these Terms. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company. No portion of this Site is targeted to children. Unless you have received specific written permission from the Company, you may not (a) “frame” or otherwise impose editorial comment, commercial material, or any information or content on, or in proximity to, the content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
PAYMENT AND FEES
If you purchase any of our services, we will collect the total price of the package following the pricing terms on the website. The Company is not responsible for any fees charged to you by your bank concerning our payment collection. As part of any purchase made through the website, you will be asked to provide your name, email, number, billing address, and credit or debit card information to the Company or a third-party payment processor. You agree to pay the Company for any services purchased by one of the methods described on the website. You authorize the collection of such amounts by charging the credit card provided as part of requesting the service either directly by the Company or indirectly via a third-party payment processor or by one of the payment methods described on the website. If you are directed to the Company’s third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
Depending on the pricing terms on the website, some company services have the option of 100% due and collected upfront before our work begins. Some Company services offer you the ability to pay partial (typically 50%) due and collected upfront before our work begins and the remainder (typically 50%) due and collected one month after the initial purchase. By making an initial payment of a multiple-payment plan, you understand that your purchase is committing you to buy 100% of the service and pay 100% of the fee to the Company. You agree that the credit card or other payment method you provided is authorized for the remaining amount of the service purchased fee. The remaining balance will be charged to your credit card or other payment methods on the days described in your purchase. Once you have made the initial upfront payment and started using the service, the remaining balance cannot be canceled or refunded, nor can the service be canceled or refunded. After you start using the service or five days after purchase, whichever comes first, we do not provide any refund. Failure to make future payments may result in your information being passed along to the leading credit bureaus and appearing on your credit report.
OBLIGATIONS FOR ORDERING
In consideration of your use of the Site, you agree to provide true, accurate, and complete information about yourself as prompted by the Site. The Company has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate, or incomplete. You must be age 18 or older to register for the Site. When entering the Site, you acknowledge that you are age 18 or older.
OBLIGATIONS OF USERS
The Site may allow users to upload, post, and/or distribute user-submitted content, and use of the Site for this purpose is subject to the following conditions:
You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages, and other materials of any nature (“Materials”) that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, not the Company, are entirely responsible for the Materials you transmit through the Site.
You shall not upload to, distribute through, or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
Your Materials will not disparage the Company, its Licensors, or their products, services, and sites in any manner. Should we find that you have produced such Materials, your account will be deactivated immediately. Your Materials shall not infringe any third party’s copyright, trademark, publicity/privacy right, or other intellectual property rights.
You shall not upload to the Site any Materials that contain viruses or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment.
OBLIGATIONS OF USERS: WRITING SERVICES
For writing services, you are obligated to provide all requested information to the Company before the expiration date. You will need to provide, via our online questionnaire, information about your work skills, duties, experience, accomplishments, goals, and other career information. By purchasing our writing service, you agree to initiate and actively participate in the writing process. You understand that the successful completion of your service depends on you providing complete and accurate information, including participating in the revision process.
All text, documents, or materials you provide to us must be received in American, Canadian, British, or Australian English. We only accept and review Materials you submit to us as part of our questionnaire in Adobe PDF, Microsoft Word, or Google Docs formats. We cannot review or write documents from other software programs such as, but not limited to, Apple Pages. All revisions to our draft documents sent to us for editing must be in Microsoft Word or Google Docs format. If you do not have Microsoft Word, Microsoft Office 365 offers free access for one month. You understand we only write in American, Canadian, British, or Australian English. We do not provide a translation into other languages or dialects.
The skills and goals interview allows you an additional opportunity to verbally communicate the context of the Materials you submitted in our online questionnaire and ask questions. However, the interview is not a substitute for completing our online questionnaire.
OBLIGATIONS OF USERS: ACCESS TO YOUR LINKEDIN ACCOUNT
You authorize us to access and change your LinkedIn account. While you authorize us to make changes to your LinkedIn account on your behalf, you and we both acknowledge that you maintain all responsibility for the content and settings of your LinkedIn account, and you must proactively, affirmatively review and monitor your LinkedIn account and further revise your LinkedIn account during and after your use of our service. By using and continuing to use our service or product, you acknowledge that this is your responsibility and that we do not and cannot assume any such responsibility for you.
The Company must sign in to your LinkedIn account to install your new LinkedIn personal profile or company page. Therefore, you must provide us with your LinkedIn sign-in email and password. By providing us with your LinkedIn sign-in email and password, you are authorizing us to access your LinkedIn account to make changes, including but not limited to edits to your account, profile, settings, connections, messages, posts, articles, company pages, and groups. Once the Company’s access to your LinkedIn account is complete, we recommend you change your LinkedIn password to something new and different from any other password you use. 99% of our clients prefer that the Company sign-in to their LinkedIn account to install the profile. However, if you choose to install your new profile on LinkedIn, in that case, we will provide you with a Word document containing your LinkedIn Personal Profile or Company Page text for you to install within your LinkedIn account. It is your responsibility to notify us, in writing, within our online questionnaire if you do not want the Company to access your LinkedIn account to make changes.
SERVICE DELIVERY & RESPONSE TIME: WRITING SERVICES
For resume and LinkedIn writing services, once the Company receives our online questionnaire from you and we complete the skills and goals interview with you, the Company will make all reasonable efforts to provide a first draft of your resume, profile, cover letter, or other services within 3-5 business days. A business day is considered Monday through Friday, 9 a.m. – 5 p.m., Eastern Time Zone, excluding U.S. federal holidays. The first business day is the day after we complete the skills and goals interview consultation with you. We intend to send you any requested revisions/edits within 1 business day.
SERVICE DELIVERY: RESUME DISTRIBUTION TO RECRUITERS
By purchasing our Get Hired, Resume Distribution to Recruiters, Resume Distribution to Private Equity and Venture Capital, or Recruiter Connect services, you are authorizing the Company to email your contact information, letters, resume, other text, and other documents and information to people, on your behalf using your email address.
SERVICE EXPIRATION
All services purchased must be 100% redeemed within sixty days from the date of purchase. Your access to the service purchased expires sixty days after the date of purchase with no refunds. For resume and/or LinkedIn writing services, if we do not receive our completed questionnaire, including all your documents and materials, and completion of the skills and goals interview consultation with you within sixty days, your purchased services will be considered void, with no refunds given.
REFUND POLICY
Since 2012, we have provided outstanding service to our 6,000+ clients, and 500+ of them have rated us five stars. If you have not started using the service, we provide a 100% refund within five days of purchase. Using the service is defined as completing our questionnaire or sending us documents for us to review. After you start using the service or five days after purchase, whichever comes first, we do not provide any refund.
If you purchase a subscription to one or more of our products (e.g., Career Toolkit), you can cancel your subscription anytime by logging into your account. Your cancellation will take effect at the end of the current paid term. Our subscription products (e.g., Career Toolkit) are not eligible for a refund.
MARKETING MESSAGES
You provide the Company express written consent to send you promotional messages via SMS text, email, and voice. You may opt-out by contacting us via email: [email protected].
INTELLECTUAL PROPERTY
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and client content, and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.
COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
The trademarks, service marks, and logos used and displayed on the Site are the Company’s, or its subsidiaries or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and graphics on the Site. All trademarks and service marks of the Company or its affiliates that may be referred to on the Site are the property of the Company or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. The Company aggressively enforces its intellectual property rights. Neither the name of the Company, its affiliates, nor any of the Company’s other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission, except that a third party website that desires to link to the Site and that complies with the requirements of the Section entitled “Links From Third Party Sites” may use the name “Klaxos” and “LinkedIn Profile Services” in or as part of that link.
The Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site and terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited unless specifically authorized by the Company. Accordingly, no such content may be used on another website without express written permission from the Company.
DCMA NOTICE
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by The Company infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Klaxos a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Be aware that there are penalties for false claims under the DMCA.
Notices and counter-notices should be sent in writing to
By mail: Klaxos, 1015 Papermill Court, NW, Washington, DC 20007
By email: [email protected]
SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with the Company, the Company does not claim ownership in the Materials you submit. Please note, however, that the Company owns all rights in any form, media, or technology using any Materials. Please also note that by submitting Materials in any form to the Company, you automatically grant Company a royalty-free, worldwide, irrevocable, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials to display and promote the Materials on any website operated by, and in any related marketing materials produced by, the Company and its affiliates.
INFORMATION OR SERVICES CREATED OR PROVIDED BY THE COMPANY ESPECIALLY FOR YOU
With respect to any information or services created or provided by the Company, especially for you, upon payment of applicable fees to us for our services, the Company irrevocably assigns, transfers, and conveys to you all of its right, title, and interest in and such information or services. Notwithstanding the preceding, we hold and retain the rights to use all comments, feedback, and ratings about our services for marketing purposes.
USE OF YOUR LINKEDIN PROFILE RIGHTS
By using our services, you grant LinkedIn Profile & Resume Writing Services LLC the perpetual, worldwide, irrevocable, and royalty-free right to use an image of your LinkedIn Profile webpage, LinkedIn Company webpage, resume, biography (including your name, photo, or likeness) taken from LinkedIn.com or any other information you provide to us for promoting the services and products of LinkedIn Profile & Resume Writing Services LLC in digital, print and any other marketing, promotions or paid products or services.
INDEMNITY
You agree to indemnify and hold the Company, its parent company, affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.
DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THE SITE, SERVICES, AND MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY STATED BELOW IN THE SECTION TITLED “LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY, ” THE COMPANY GIVES NO WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT NEEDS. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN YOUR BEING HIRED, POSITIONS BEING FILLED, OR EMPLOYEES BEING RETAINED, AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY AND/OR OTHER COMPENSATION DECISIONS THAT YOU MAKE, REGARDLESS OF THE REASON MADE.
ASSUMPTION OF RISKS
YOU AGREE TO ASSUME ALL RISKS THAT THE SITE AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD-PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
NO DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF THE COMPANY’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS AND/OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO, ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SITE, SERVICES, AND/OR MATERIALS AND/OR ANY RELATED INFORMATION, OR ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT/SERVICE LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE COMPANY OR ANY OF THE COMPANY’S AFFILIATES OR AGENTS SHALL BE, AT THE COMPANY’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT/SERVICE THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE COMPANY’S SERVICES AGAIN, FREE OF CHARGE; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO THE COMPANY YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of the Company, the Company’s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials, and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).
LINKS TO THIRD PARTY SITES
The Site contains links to third-party sites that are not under the Company’s control, and the Company is not responsible for any content on any linked site. If you access a third-party site from the Site, you do so at your own risk. The company provides links only as a convenience, and including the link does not imply that the Company endorses or accepts any responsibility for the content on those third-party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
LINKS FROM THIRD PARTY SITES
If a third party links to the Site, it does not necessarily indicate an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with the Company. In most cases, the Company is unaware that a third party has linked to the Site. A third-party website that links to the Site: (a) may link to, but not replicate the Company’s content; (b) may not create a browser, border environment, or frame the Company’s content; (c) may not imply that the Company is endorsing it or its products or services, (d) may not misrepresent its relationship with the Company, (e) may not present false or misleading information about the Company’s Services, (f) should not include content that could be construed as distasteful, offensive or controversial, and (g) should contain only content that is appropriate for all age groups.
INTERNATIONAL USAGE
This Site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the Site, Services, or any related information offered by the Company are appropriate or available in other locations. Those who access the Site are protected by our Privacy Policy. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Services on the Site in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country where you reside (if different from the United States).
GOVERNING LAW; EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions that would give rise to the substantive law of another jurisdiction. Any disputes arising under or related in any way to these Terms, the Site, or any Services shall be resolved solely through binding arbitration in the District of Columbia in accordance with the provisions below.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER.
Please read the following carefully. It affects your rights.
Most problems that users encounter can be resolved quickly and to a user’s satisfaction by contacting us at [email protected]. You and Klaxos each agree that any and all disputes or claims that have arisen or may arise between you and Klaxos shall be resolved exclusively through final and binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and by agreeing to arbitration, you and Klaxos waive the right to a judge or jury. Instead, arbitration uses a neutral arbitrator to decide the dispute, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow these Terms and Conditions as a court would. You have the right to opt out of this Agreement to Arbitrate (as explained below), which means that you would retain your right to litigate your disputes in a court before a judge or jury.
For the purpose of this provision, “Klaxos” means Klaxos and its parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees and agents. The term “Dispute” means any dispute, claim, or controversy between you and Klaxos regarding any aspect of your relationship with Klaxos, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Klaxos’s licensors, suppliers, dealers, or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
If you have a Dispute with Klaxos, you must first allow us to resolve the Dispute before filing an arbitration claim (or any other legal proceeding if you elect to violate the obligation to arbitrate your Dispute). You do that by sending a notice to [email protected]. That notice must include (1) your name, (2) your address, telephone number, and email address (if not apparent from the sent email), (3) a description of your claim, and (4) a description of the specific relief you are asking for. If Klaxos does not resolve the Dispute within 45 days after it receives your notice, you may pursue your Dispute through arbitration. You may pursue your Dispute in court only under the circumstances described below.
Arbitration Procedures
If this Section applies and the Dispute is not resolved through Pre-Arbitration Claim Resolution (above), then either you or Klaxos may initiate arbitration proceedings.
The American Arbitration Association (the “AAA”) or JAMS will arbitrate all Disputes. For arbitration before AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes existing as of the time of the arbitration filing will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures existing at the time of the arbitration filing will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section will control if it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. The arbitrator shall decide all issues, including the scope of this Section.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Klaxos, Attn: Litigation Department, 1015 Papermill Court, NW, Washington, DC 20007. The arbitration will be conducted before a single arbitrator in the county where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Klaxos may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Klaxos, subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Klaxos unless the arbitrator requires otherwise.
Arbitration Award
The arbitrator will not have the power to award relief to, against, or for the benefit of anyone who is not a party to the arbitration proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitration award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction over the parties for enforcement purposes.
Payment of Arbitration Fees and Costs
You are responsible for all your fees and costs in the arbitration, including, but not limited to, attorneys’ fees or expert witness fees and expenses. Regarding any rights to recover fees and costs under applicable law, if the arbitrator concludes that you are the prevailing party in the arbitration, you are not entitled to recover fees and costs.
Class Action Waiver
YOU AND KLAXOS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KLAXOS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, ANY RELIEF AWARDED CAN NOT AFFECT OTHER Klaxos USERS AND SHALL NOT BE ADMISSIBLE IN ANY OTHER ARBITRATION OR OTHER LEGAL PROCEEDING.
THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Neither you, nor any other user of the Site can serve as a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver
You understand and agree that by entering into this Agreement, you and Klaxos are each waiving the right to a jury trial or a trial before a judge in a public court. Without this Agreement to Arbitrate, you and Klaxos might otherwise have had a right or opportunity to bring Disputes in court before a judge or jury and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Section, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and certain types of discovery, may be more limited or waived.
Severability
If any clause within this Agreement to Arbitrate (other than the Class Action Waiver clause above) is found to be unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be unenforceable, this entire Agreement to Arbitrate will be unenforceable, and the Dispute will be decided by a court.
ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
CHANGES
You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you must terminate your registration, if any, and refrain from using the Site or using or ordering after that date. No other amendments will be valid unless they are in a paper writing signed by the Company and by you.
NOTICES
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Company by postal mail to 1015 Papermill Court, NW, Washington, DC 20007, or as to a successor address that the Company makes available on the Site or through another reasonable manner. If applicable law requires that the Company accepts email notices (but not otherwise), then you may send the Company email notice to [email protected]. Concerning the Company’s notices to you, the Company may provide notice of amendments by posting them on the Site, and you agree to check for changes. Instead of or in addition, the Company may give notice by emailing the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
CUSTOMER COMMENTS
We welcome comments, information, or feedback submitted through the Site. By submitting information through the Site, you agree that it will be subject to the Company’s Privacy Policy.
YOUR CONSENT TO THESE TERMS
By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will try to post those changes on this webpage so that you will always be able to understand the terms that apply to your use of the Site.
CONTACT
If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by emailing us here or by sending your comments to:
LinkedIn Profile & Resume Writing Services LLC, d/b/a Klaxos
1015 Papermill Court, NW
Washington, DC 20007
Last revised on April 29, 2024.
