TERMS AND CONDITIONS
NATURE OF AGREEMENT: Your agreement to these terms and conditions (“Terms and Conditions”) constitutes a legally-binding agreement between you (“User”) and Remix Institute LLC (“Remix Institute”), a Nevada limited liability company. When User clicks to agree to these Terms and Conditions, it shall be construed as User’s full legal consent the same as if it were a physical signature. User and Remix Institute may be referred to herein collectively as “Parties,” or individually as a “Party.”
These Terms and Conditions constitute the entire agreement between the Parties concerning the subject matter discussed herein. Any prior agreements, negotiations, understandings or representations of any kind whatsoever, whether written or verbal, are hereby superseded.
The Parties are separate and neither is an agent, contractor, officer, employee, representative or control person of the other.
EFFECTIVE DATE: These Terms and Conditions shall take effect between User and Remix Institute immediately upon the consent of the User as described in Section 1 above. They shall persist in perpetuity for as long as Remix Institute (or its successor or assignee) is a legal entity, and for two years thereafter.
USER’S REPRESENTATIONS, WARRANTIES AND OBLIGATIONS: User represents and warrants that User is at least 18 years of age, is of sound mind, has read and fully understands these Terms and Conditions, has had the opportunity to consult with legal counsel prior to agreeing to these Terms and Conditions, has provided accurate self-identifying information, and agrees to these Terms and Conditions solely on User’s own behalf.
User further represents and warrants that any payment information provided is that for which User is either the responsible party or an authorized user. In the event that payment is declined, User agrees that Remix Institute may pursue collection of the debt from User or User’s financial institution by any legal means at Remix Institute’s disposal.
User represents and warrants that all information provided by User to Remix Institute in the course of receiving Remix Institute’s services (“Services”) is accurate to the best of User’s knowledge. User holds sole and absolute responsibility for any consequences (including legal, employment, financial, or any other consequences whatsoever) which arise from User’s failure to provide Remix Institute with accurate information during the course of receiving Services.
User grants Remix Institute the right to send e-mails and SMS text messages to User, or to call User’s phone number, pertaining to the Services and/or payment.
DESCRIPTION OF SERVICES AND REMIX INSTITUTE’S OBLIGATIONS: The Services provided by Remix Institute in revising User’s resume constitute a proprietary system. Remix Institute’s Services may seek to help reduce the ability of automated and/or algorithmic systems within corporate, human resources, or other job applications systems from automatically screening out or negatively flagging User’s resume. Services may also include re-writing User’s resume for format, style, syntax, grammar, spelling, length, and other such matters which may impact the ability of User’s resume to be positively noticed by recruiters and/or hiring managers.
Remix Institute’s obligations to User shall consist solely of providing the Services as outlined on Remix Institute’s website at www.RemixYourResume.com at the time of sale and for the price listed at the time of purchase. Remix Institute will make a good faith effort to deliver the Services in the estimated time frame, provided that failure to do so shall not constitute a breach of these Terms and Conditions by Remix Institute.
Notwithstanding any other provision of these Terms and Conditions, Remix Institute reserves the right to cancel/reject and refund any order, for any reason whatsoever, at its sole and absolute discretion.
Remix Institute makes no representation, warranty, or guarantee whatsoever that User will receive any interviews or obtain employment as a result of using the Services.
CONFIDENTIALITY: Remix Institute’s Services are proprietary and User agrees that Remix Institute is under no obligation at any time — prior to, during, or after providing Services, nor in the event of any arbitration or legal proceeding — to disclose its algorithms or any of the methods by which it provides Services.
REFUNDS: User may request a refund from Remix Institute if Services are not provided within the estimated time frame. Once Services have been delivered, User shall no longer be entitled to any refund.
In the event that User pays an extra fee for expedited/rush services, no refunds shall be granted if the Services are delivered on or before the estimated completion date.
All other requests for refunds shall be considered and determined at the sole and absolute discretion of Remix Institute.
FORCE MAJEURE and INDEMNIFICATION: User may not hold Remix Institute responsible for any incidents, actions, or claims beyond its reasonable control, including any incident of force majeure.
User indemnifies and shall defend Remix Institute against any legal claims or causes of action which result from User’s misuse of the Services or violations of these Terms and Conditions by User.
PRIVACY: Remix Institute will not sell or give access to any information which User has provided to Remix Institute (“Information”) to any outside third parties without User’s consent. However, Remix Institute may utilize the Information for its own internal analytics purposes, and/or for marketing its services to User. Furthermore, Remix Institutes may disclose the Information to vendors or contractors as needed in the course of Remix Institute’s business operations to provide the Services to User, or as may be required by law.
Remix Institute will make reasonable, industry-standard efforts to secure Information from hackers and from criminal or accidental data breaches (a “Data Incident”), provided that in the event of any Data Incident, User shall hold harmless Remix Institute.
AMENDMENT AND ASSIGNMENT: Remix Institute may assign its rights or obligations under these Terms and Conditions to a successor entity or subsidiary, provided that any successor or subsidiary shall be bound by these Terms and Conditions.
User may not assign its rights or obligations under these Terms and Condition without the express written consent of an officer of Remix Institute.
These Terms and Conditions may not be amended or waived at any time except by the written consent of both User and an officer of Remix Institute.
SEVERABILITY AND CONSTRUCTION: If any legal proceeding finds that any provision of these Terms and Conditions is invalid or cannot be enforced, that shall not be construed to affect or impair any other provision of these Terms and Conditions.
User affirms that they have had the opportunity to consult with legal counsel and that they fully understand all the terms, conditions, rights and obligations under these Terms and Conditions. User fully and irrevocably waives any rule of law or principle of interpretation which holds that ambiguous or conflicting terms or provisions of a contract or agreement should be construed against the Party responsible for the preparation of the final signed contract or any earlier draft thereof.
Any headings, section or sub-section titles of these Terms and Conditions are rhetorical and/or stylistic only. Neither they, nor any matter of font, typesetting, or formatting of these Terms and Conditions shall be construed to affect their interpretation.
ARBITRATION: In the event of an unresolvable conflict concerning these Terms and Conditions or the Services which they concern, it is agreed that the matter shall be settled solely by final and binding arbitration in the State of Nevada before a single arbitrator who must possess at least five years of full-time experience in private business enterprise (not including, directly or indirectly, the practice of law). The arbitrator shall be chosen first by JAMS, or if JAMS is unavailable, by either the American Arbitration Association or the International Chamber of Commerce.
The arbitrator shall decide the dispute in fairness and equity (ex aequo et bono). User shall pay the full up front cost of the arbitration. Any award shall be limited solely and exclusively to actual proven monetary damages, reasonable attorneys’ fees, and/or the prevailing Party’s share of the arbitration fees (if the User prevails). The arbitrator shall have no power or authority whatsoever to amend the terms of these Terms and Conditions.