THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION, SECTION 23, AND A WAIVER OF CLASS ACTION, SECTION 24.
Parties; Effective Date. Welcome to CV.co! This Terms of Service Agreement (“TOS” or “Agreement”) is a legally binding contract between the individual/entity accepting the Agreement (“Customer” or “you”) and Job Flow, LLC, 1875 Century Park E, Los Angeles, California USA 90067 (“CV.co”). It is accepted by Customer when Customer commences a subscription (including a trial subscription) with CV.co, or uses the functionality at the site, whichever comes first.
Purpose of Agreement; Acceptance. CV.co provides you the opportunity to quickly prepare a strong, professional resume and cover letter by providing templates, tips, and software-based tools here (“Services”).
Term. The term of this Agreement (“Term”) commences on the date of Acceptance until Customer elects to stop using the CV.co software platform, or until CV.co terminates Customer access to the Services, whichever comes first.
Right to Use Documents Generated Through Use of Services; Duty to Download. CV.co authorizes Customer to copy and adapt the resumes, cover letters, and other documents created by Customer through use of the Services (“Forms”) for use by Customer in their personal/professional activities without further payment to CV.co. Customer shall not resell or give away the template underling the Forms as a product or service of Customer, either in their current format or adapted by Customer. Customer is responsible for downloading copies of all Forms (defined below) for purposes of safekeeping, archiving, and re-use. CV.co has no duty to maintain copies of Forms created by Customer.
Fees For Services. The current fees for use of the Services is set forth here. Fees may be updated from time to time. You will be notified as to the fees applicable to your subscription at the time you sign up. Fees and any applicable taxes or other charges applicable to Customer’s use of the Services shall be paid by credit card (or other electronic transaction offered through the Services, such as PayPal and Apple Pay). Customer hereby authorizes CV.co to charge its credit card (directly or through the services of a third party financial transaction service provider) for the Fees applicable to the Services. Fees are charged at the commencement of the subscription period. If your payment details change, your credit card/financial services provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Services. If you would prefer to opt out from this service, please contact our Customer Service team. If you would like to use a different payment method or if there is a change in payment method, please make such changes within the billing information in your Account.
Account. To access the Services, Customer shall establish an account. Customer is responsible for its account, the accuracy of all information uploaded to its account, and all activities occurring in connection with use of the account. Customer agrees it will be the only person accessing the Services; it shall keep passwords secure and shall notify CV.co of any suspected breach of security or unauthorized use of its account; it shall not assign or transfer the account to a third party; it authorizes CV.co to charge its credit card or other financial payment provider until Customer has cancelled its account (or CV.co has terminated this Agreement with Customer); all refunds shall be processed to the credit card on file in Customer’s account. If you cancel your subscription such cancellation shall be effective at the end of the applicable billing period and the Services shall remain available to you until the termination of such period.
Automatic Renewal. Unless your subscription is cancelled or terminated as set forth in these TOS, your subscription will automatically renew on a month-to-month basis.
Trial Period. If you have signed up for the Service on a trial basis, you will be charged for the trial period shown in the sign-up screen (“Trial Period”) in accordance with the amount shown in the sign-up process. You may cancel your subscription during the Trial Period, for any reason, by contacting our support team by phone at the number provided on the home page of the Site or by email to support@cv.co. If you do not cancel during the Trial Period your subscription will automatically renew as set forth above. If you request a refund at the time you provide CV.co with notice of cancellation, CV.co will provide a full refund of fees paid for use of the Services during the Trial Period. The refund will be processed through the credit card associated with your account and will usually be completed by the end of the first full billing period after the date of cancellation.
Cancellation of Subscription/Suspension Due to Nonpayment. If you do not pay fees in a timely manner, or if CV.co is unable to process your transaction using the credit card information you provided, CV.co may suspend or terminate your access to the Services. You are responsible for paying all past due amounts.
Representations and Warranties. Customer represents and warrants that they are at least eighteen years of age; that all information provided to CV.co (by way of example, in the setting up of an account) is accurate, current, and complete; it has the legal power to enter into this Agreement and perform their stated obligations; it shall use the Services solely for their personal/professional purpose and shall not use them to provide services to third parties in the field of resume building and preparation of cover letters. If Customer is a legal entity the signatory below represents and warrants they have the legal power to bind the entity to these TOS. CV.co represents and warrants that it is duly formed and has the right to provide the Services to Customer.
AS-IS Warranty. CV.CO PROVIDES, AND CUSTOMER ACCEPTS, THE SERVICES AND FORMS “AS IS,” WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer acknowledges they are solely responsible for the information they provide to populate the Forms.
Sole and Exclusive Remedy. If Customer is not satisfied with the Services or the Forms created by Customer through use of the Services, their sole remedy is to terminate their subscription and to obtain a refund from CV.co for the then-current billing period, not to exceed One Hundred Dollars (U.S. $100). The foregoing is the sole and exclusive remedy available to Customer if they are not satisfied with the Services, the Site, and/or any Form and is in lieu of all other remedies by contract, by law, and at equity. Upon the conclusion of the subscription, the business relationship between CV.co and Customer shall conclude. After Customer’s conclusion of the business relationship, if Customer continues to contact CV.co, CV.co may elect to block Customer access to CV.co website or personnel.
Intellectual Property Rights. CV.co retains ownership of all intellectual property rights in the Forms and the Services and nothing in this Agreement transfers such ownership to Customer. Without limitation, CV.co owns the software and content of the web site constituting the Services, including copyrights, trade secrets, trademarks, patents, and “know-how.” CV.co stipulates that it does not own content generated by Customer in connection with its use of the Services.
Integrity of the Services. Customer shall not take any action to interfere with the operation of the software at the site comprising the Services. Customer shall not copy or attempt to copy its underlying technology; upload other computer programs to the site where the Software is hosted (“Site”); use any automated software (crawlers, robots, bots, spiders, extractors, or the like) at the Site; circumvent, disable, or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site.
CV.co Use of Certain Data. CV.co may use information it collects from use of the Services by Customers and activity at the Site for all purposes permitted by this Agreement, its privacy policy, and by applicable law. By way of example, CV.co may use such information to investigate and verify proper conduct at the Site and monitor the security and integrity of the Site; respond to requests from Customer and from government agencies; respond to service of legal process (such as a court order, summons, subpoena, and the like); improve the software underlying the Site; and conduct research.
Access; Uptime. CV.co agrees to use reasonable measures to support the operation of the Site. The Site will occasionally be down (and Forms inaccessible) for testing, upgrading, and maintenance. CV.co does not represent that the Site will always be accessible. Customer is encouraged to download and backup copies of the Forms created by Customer.
Data Privacy. The parties agree to CV.co’s privacy policy here.
Limitations of Liability for Damages. Regardless of the form of action or theory of recovery, in no event shall CV.co be liable to Customer in connection with this Agreement, for any indirect, special, exemplary, consequential, incidental or punitive damages (even if CV.co is aware of the possibility of such damages); lost profits, lost revenue, lost business expectancy, business interruption losses, or loss of data; and/or direct damages in an amount in excess of the Fees paid by Customer for the Services during the billing period that is the subject of the claim, and/or an amount in excess of the Fees paid by Customer to CV.co in the thirty (30) days preceding the claim for damages. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANY CLAIM RELATED TO THIS AGREEMENT, THE SERVICE AND THE FORMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID BY YOU TO CV.CO FOR USE OF THE SERVICE DURING THE ONE (1) BILLING PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CLAIM AROSE. THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Entire Agreement. This Agreement includes the terms located at the referenced URLs, all of which are incorporated by reference, and CV.co’s privacy policy here. This Agreement replaces any prior or contemporaneous writings or oral communications. This Agreement may be updated by CV.co from time to time and those modifications are incorporated as the Agreement. Notification of these modifications will be made through the posting of an updated version of the CV.co website. Your continued use of the Services constitutes acceptance of the modifications.
Suspension/Termination of Services; Termination of Agreement. In the event of a material breach, response to legal process, concern for the integrity of the Site, reasonable suspicion of improper conduct at the Site, CV.co may suspend, limit, or terminate Customer access to the Services/Site, and shall use reasonable efforts to provide prior notice to a Customer. All provisions of this Agreement regarding intellectual property ownership, disclaimer of warranties, and limitations of liability, shall survive termination of this Agreement. CV.co may decline to provide further Services to anyone previously suspended or terminated.
The Site and Software are Deemed Located in and Delivered from Los Angeles, California. This Agreement is entered into, performed in, and based in Los Angeles (Los Angeles County), California, USA and shall be governed by the laws of the State of California. The Site does not give rise to personal jurisdiction over CV.co, either specific or general, in jurisdictions other than the United States District Court for the Central District of California and the State courts of California, Los Angeles County.
Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations. Any dispute that cannot be resolved through good faith business negotiations shall be submitted to facilitative mediation, which may be conducted online. https://www.adrtimes.com/judicial-arbitration-and-mediation-services/. Facilitative mediation shall be a condition precedent to arbitration. Each party is responsible for paying one-half of the fees of the mediator. Each party is solely responsible for paying the fees and expenses of professionals it retains in connection with dispute resolution, such as attorneys, accounting, expert witnesses, and filing fees. If mediation does not resolve the dispute, the parties stipulate to arbitration as the sole means of dispositive dispute resolution pursuant to the rules of the AAA-International Centre of Dispute Resolution, as described further below. https://icdr.org/about_icdr.
Arbitration.
Except as set forth below, any dispute not resolved through good faith business negotiations or facilitative mediation all disputes or claims arising out of or relating to this Agreement shall be settled by arbitration, to be conducted by a single arbitrator online, by and in accordance with the then effective commercial rules of the AAA-International Centre of Dispute Resolution; provided that the arbitrator shall not have authority to issue injunctions against CV.co. A party making a demand for arbitration shall provide the other party a detailed, clear, written statement in the English language as to the conduct constituting a breach of the Agreement and the documents in its possession that support such breach. The demand shall be sent by email and by courier, such as FedEx, DHL, or personal delivery. The party receiving the demand shall acknowledge receipt in writing. Within ten (10) calendar days of receipt of notice, the parties shall confer to coordinate the next steps, including the process for notifying the dispute resolution provider. Each party shall bear its own costs of dispute resolution provided that the arbitrators shall have authority to award attorneys’ fees in accordance with applicable law and shall be included in any award rendered by the arbitrator. All aspects of the proceedings (demand, conference, filings, discovery, submissions to the arbitrator, written communications, oral communications, proceedings, ruling) shall be solely in the English language. Discovery shall be limited to five (5) document requests (including subparts), five (5) interrogatories (including subparts), and two (2) depositions. Judgment upon the award may be entered in any court having jurisdiction.
Nothing in this Section or Agreement shall limit the right of CV.co to bring an action in federal or state court for claims against Customer relating to copyright, trade secrets, trademark, or other intellectual property rights; privacy, computer fraud and abuse, or other misconduct at the Site. Such legal proceedings, if any, shall be initiated and maintained only in Los Angeles County, California, or in the U.S. District Court for the Central District of California, and are not subject to good faith negotiations or facilitative mediation. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens. The parties hereby waive their right to a trial by jury and stipulate to a bench trial.
The parties agree to the consolidation of arbitrations/lawsuits if brought by different customers where such arbitrations/lawsuits relate to the same general subject matter of this Agreement.
Waiver of Class Action Dispute Resolution. Whether disputes are resolved in court or by arbitration, Customer hereby waives any right to bring, or participate as a member in, a class action lawsuit against CV.co.
No Implied Waiver. No waiver by either party shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of CV.co.
Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intent set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
Assignment. CV.co may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party who agrees to be bound by its terms. Customer may assign or transfer its account and this Agreement with the prior, written consent of CV.co, which shall not be unreasonably withheld.
Electronic Notices, Documents, and Signatures; Notices. The parties consent to electronic signatures, documents, communications, and legal notices. CV.co may provide Customer with notices, including those regarding changes to this Agreement, by email, first class mail, text, or postings to the Site. Notice by either party is deemed given upon the earlier of (a) actual receipt, (b) twenty-four (24) hours after an email is sent, provided that the recipient acknowledges receipt or a hard copy is sent by first class mail with the United States Postal Service; (c) if by mail only, then three (3) days after first class mail is deposited with the U.S. Postal Service, (d) Customer clicks through of any notice posted to the Site; or (e) courier delivery, such as Fed Ex. CV.co contact information is below: Job Flow, LLC 1875 Century Park E Los Angeles, California 90067 Customer support telephone: (+1)855-416-8510 Customer support email: support@cv.co All other communications: legal@cv.co
Force Majeure. It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; pandemic; or any other cause not within the control of such party whose performance is delayed.
Disclaimer of Certain Laws. The parties hereby disclaim the application of the U.N. Convention on Contracts for the International Sale of Goods.
Last Updated. This Agreement was last updated on 11/1/2024.