Resume Scripter Academy

Terms of Use

Last Updated: September__2020

Introduction

Welcome to RS Works.  RSWorks is a dynamic online service originally developed for job seekers stuck in historically low wage roles. Our service includes an online course, portal, complete with resources like industry specific content, and keyword optimized resumes to support job seekers in two ways: 1) help job counselors serve their job seeking clients more quickly and effectively; and 2) help job seekers land higher paying jobs faster.

We ask that you read these Terms of Use carefully as it is a legal agreement between you and Resume Scripter, LLC, (“RS,” “we,” “us,” or “our”) that governs your use of the RS Works website at rsworks.org (the “Site”) and our career counseling and resume crafting Service (collectively, the “Service”).

Agreement to Terms

By accessing the Service, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered user of the Service. If you do not agree to these Terms of Use, please do not use the Service.

Our Service is only available to those at least eighteen (18) years old and by using our Service, you represent, acknowledge and agree that you are at least 18 years old and have the right, authority and capacity to agree to these terms.  You agree to our use of your personal information in accordance with our Privacy Notice, which is available at https://www.rsworks.org/privacy-policy.html. Your use of the Service is subject to the Privacy Notice.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and RS will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Accessing the Website and Account Security

You must create an account and provide certain information such as your name and email to access some of the Service features including the ability to access our questionnaires and other job related resources including our dynamic career survey, aptitude assessments, industry-specfic content and training resources.  You may not use or access the Service through the account credentials of another person or share your account credentials with another person.  Please provide accurate and complete information when creating your account and be sure to update that information, as necessary, for the duration that you use the Service. You are responsible for all activities that occur under your account, whether or not you know about them, so be sure to keep your account credentials secure and do not share them. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account credentials. We are not liable for any losses caused by any unauthorized use of your account. RS may terminate your access to the Service at any time without notice if we believe that you are under 18 years old or if we believe you have violated these Terms of Use.

Intellectual Property

All materials included in the Service, such as resume forms, questionnaires and other non-public job related resources, information, videos, graphics, articles and reports, and the software powering the Service (“Materials”), are the property of RS or its licensors and may not sold, rented, sublicensed or used in any way not permitted under these Terms. The Materials are protected by copyright, trademark and other intellectual property laws.

“RSWorks” and other trademarks and logos that we use are trademarks of RS. Any third-party trademarks that appear on the Service are the property of their respective owners. You may not use any of these trademarks without express written permission from RS or the owners of any third-party trademarks.

User Feedback and Other Data

Your feedback associated with use of the Service is important to us. With respect to any content you submit or make available to RS, including within the Service or through social media channels, such as your biography, comments, reviews, pictures, videos and other content (“User Content”), you grant to RS a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.

In the event that you submit or post any creative suggestions, proposals, or ideas about our Service (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to RS.

You promise that your User Content and Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.

Limited License

So long as you comply with these Terms of Use, you may access and use the Service and view the Materials solely for the benefit of your employer or the volunteer organization you are supporting. You may download and print a reasonable number of the Materials for your use in fulfilling your role as a career counselor or coach for your employer or the volunteer organization you support. You may not use, download, print, copy, distribute, or modify Materials for any other purpose. 

Unauthorized Activities

Your right to use the Service is conditioned on compliance with these Terms of Use and applicable laws. You may not (and you may not permit anyone else to):

• Use any manual process or robot, spider, scraper, or other automated means to collect information from the Service or from other users of our Service;
• Use the Materials or other data or information from the Service for any purpose other than what is permitted under the Limited Licensed above;
• Mirror any Materials contained within the Service or any RS server or use framing techniques to enclose the Service or any part of the Service;
• Circumvent any of the technical limitations of the Service;
• Interfere with or prevent access to the Service by other users, or impose an unreasonable service request or usage load on our infrastructure;
• Change or remove any copyright, trademark, or other proprietary notices on the Materials or Service;
• Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
• Use any metatags or any other hidden text incorporating RS’s name or trademarks in any online site or posting;
• Solicit, trace or otherwise collect any information from users or visitors of the Service;
• Use the Service for our own commercial activities such as using the Service to provide counseling or coaching services other than through your employer or volunteer organization, contests or advertising;
• Use the Site or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others or personal contact information without their permission; or
• Create a database by downloading and storing the Materials.

Third Party Links and Service

Our Site may contain links to third-party websites, Service, or other events or activities that are not owned or controlled by RS. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or Service. If you access a third-party website or use a third-party service, you do so at your own risk, and you understand that these Terms of Use and our Privacy Notice do not apply to your use of such third-party sites or Service. RS will not be liable for your use of any third-party website, service, or content which may be linked to the Site. We strongly encourage you to review the terms and privacy policies of each website you visit before you make any decisions about using or purchasing from those sites.

Copyright Takedown Policy

RS respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Service in a way that constitutes copyright infringement, then please contact us at [email protected] and provide the following information:

• A description of the copyrighted work that you believe has been infringed;
• A description of what the allegedly infringing work is;
• A description of the location where the allegedly infringing work is located on the Platform;
• An address and telephone number where you can be contacted, including an email address if possible;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
• A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.

Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and RS may be recorded. 

Termination; Cooperation with Law Enforcement

If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the Service, and investigate and suspected violations of these Terms of Use. 

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. 

Limitation of Liability and Damages

RS provides a service to support job seekers and their career counselors and coaches in creating more impactful resumes in support of finding better paying jobs faster. However, RS is not involved in the actual hiring process and we have no control over hiring decisions. In addition, we have no control over the content submitted by our users including, but not limited to, resumes, and personal information or the quality, safety, or legality of jobs you may apply for or resumes created through our Service. Therefore, we can make no representations about any job, resume, or content. You acknowledge and agree that you are solely responsible for the accuracy, form, and substance of any of User Content. You also acknowledge that RS is not responsible for career decisions. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR MATERIALS EXCEED $100.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between RS and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend and indemnify RS, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service.

Changes to the Terms of Use

We have the right to change the Terms of Use at any time. If we change the Terms of Use, we’ll let you know either by posting the modified Terms of Use on our Website or by communicating with you directly. Your continued use of the Service will be considered your acceptance to the revised Terms of Use.

Because we constantly improve the Service, we may change or discontinue any part of the Service, at any time and without notice.

Miscellaneous

• Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
• Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by RS without restriction.
• Limitations on Claims. Any cause of action or claim you may have with respect to RS or the Service (including without limitation the purchase of products and Service) must be commenced within one year after the claim or cause of action arises.
• No Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.
• Entire Agreement. These Terms of Use and the Privacy Notice constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Contact Information

We would love to hear from you. You may contact us at [email protected], or at 800-590-1304 with any questions about the Platform or our products.