Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site, www.resumedesk.com, (the “Site”), you (“you” or the “Website User” or the “Member”) agree to the terms and conditions in this Agreement between you and JobBiz, LLC, doing business as the ResumeDesk.com (hereinafter, “ResumeDesk.com”). If you do not agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), your only recourse is to discontinue use of the Site.
A Website User becomes a Member (“Member”) of the Site once the Website User signs up for an account with ResumeDesk.com. Members can access many features through the basic free membership; however, certain features, including the ability to download resumes, are only available to Members who pay a Membership Fee to ResumeDesk.com.
ResumeDesk.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If ResumeDesk.com make changes to this Terms of Use and/or Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
If you have any questions about these terms, contact ResumeDesk.com at info at ResumeDesk.com, or call ResumeDesk.com at (XXX) XXX-XXXX Monday through Friday, X a.m. to X p.m.
1. Eligibility.The ResumeDesk.com is a membership-based website. All ResumeDesk.com Members are entitled to use the Site, including the ability to upload information to the Site to create resumes. However, only Members who have paid for ResumeDesk.com memberships will have the ability to download and use resumes from the Site.
2. Users.ResumeDesk.com welcomes Website Users who are 18 years of age and older. Through the Site, Website Users can learn about the services that ResumeDesk.com provides and the benefits that they are entitled to if they become a Member of ResumeDesk.com. By becoming a Member, Website User will have the ability to upload information to create a resume on the Site. However, to download or use the resume created, Website User must purchase a ResumeDesk.com membership.
3. General.This Agreement sets forth the terms and conditions that apply to both paid and free membership with ResumeDesk.com and the use of this Site by paid Members, free Members, and non-Members. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
4. Security and Uptime.You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of ResumeDesk.com. While ResumeDesk.com makes reasonable precautions against loss or theft of data, ResumeDesk.com shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is ResumeDesk.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site.
5. Membership Features.ResumeDesk.com shall have the right at any time to change or discontinue any aspect or feature of ResumeDesk.com, including, but not limited to: the information fields available for customization on a resume, the file types available for downloading resumes, the length of time content is available, the amount of storage space available for Members, the services available to Members, and the equipment or software needed for access or use of the Site. ResumeDesk.com may discontinue or eliminate features on the Site, discontinue the use of any file type available for download, change or eliminate any transmission method of Member benefits, and/or change transmission speeds or other signal characteristics on the Site. Further, ResumeDesk.com may request additional information at any time by Members to update or enhance Membership benefits or to enhance the benefits and/or use of the Site.
6. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to ResumeDesk.com, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact ResumeDesk.com immediately.
7. Terms of Sale. Use of the Site, including a basic membership, is free. With a basic membership, you can upload information to the Site and view and create resumes. This information will be stored for up to 30 days. After 30 days this information will be deleted by ResumeDesk.com unless the Member upgrades to a paid membership. Paid Members will be allowed to store resumes during the term of their membership, download resumes for their personal use, and gain certain rights to those resumes as outlined in this Agreement. The yearly fee to become a paid Member is $24.95 as of May 1, 2010 and may be paid through PayPal.com. Once the membership fee is paid, you will have access to the resume you have created and may download it in either .doc or .pdf format. You agree to all terms and conditions of the use of this resume, including the copyright information contained herein.
8. Resumes.You agree and acknowledge to create resumes for your personal use only. You agree and acknowledge that you will not use this Site to create resumes for other individuals.
9. Annual Fee. Members are responsible for paying the yearly fee to keep their account in active status in a timely manner and through a valid payment method. If your payment method fails or your account is past due, ResumeDesk.com may terminate your account. Any information associated with your account may be deleted 30 days after you terminate your membership or your membership lapses.
10. Modified Terms.ResumeDesk.com reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as ResumeDesk.com deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding or changing of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to maintain Membership. If ResumeDesk.com makes changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon ResumeDesk.com’s posting thereof. Any use of your ResumeDesk.com Membership or the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.
11. Equipment.You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, to download and print all resumes, including purchasing any software necessary to open the resumes that you download. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. ResumeDesk.com shall not be liable for any damages to Website User’s equipment resulting from the use of this Site.
12. Member Conduct.You agree and acknowledge that this Site is for the use of its Members. You agree and acknowledge that this Site, including all pages contained within, are private property. All interactions on this Site must comply with these Terms of Use. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory, or otherwise unlawful material.
In addition, you agree not to use this Site:
• to harvest or collect email addresses or other contact information of other Website Users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications;• in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; and/or• to collect information from or otherwise interact with the Site using automated scripts.
The foregoing provisions of this Section 12 apply equally to and are for the benefit of ResumeDesk.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
13. Copyright.All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of ResumeDesk.com with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ResumeDesk.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject Website User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ResumeDesk.com protected by copyright as a collective work under the United States copyright laws. ResumeDesk.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Website User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Website User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. ResumeDesk.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.
By submitting material to this Site, Website User warrants that the owner of such material has expressly granted ResumeDesk.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. If information is submitted to a public area of the Site, Website User also permits any other users to access, view, store, or reproduce the material for that user’s personal use. Website User hereby grants ResumeDesk.com the rights to edit, copy, publish, and distribute any material made available on this Site by Website User.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
The foregoing provisions of Section 13 apply equally to and are for the benefit of ResumeDesk.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. Rights Conferred to Members.Member may download, print, and/or save copies of his/her resumes with a paid membership for Member’s personal use only. Members are granted a limited, non-exclusive, non-transferable, non-sub-licensable, royalty-free, worldwide license to use the downloaded customized resumes as part of their membership fee for personal use only, including the right to distribute it as part of a job search. Members agree and acknowledge that this license is NON-TRANSFERABLE and that resumes cannot be distributed to any other individual for that individual’s use or for modification by that individual.
15. Trademarks.JobBiz, ResumeDesk.com and ResumeDesk are trademarks of JobBiz, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ResumeDesk.com are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of JobBiz, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ResumeDesk.com, unless otherwise stated.
16. Copyright, Trademark, and Intellectual Property Complaints.ResumeDesk.com respects the intellectual property rights of others. ResumeDesk.com prohibits Website Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When ResumeDesk.com receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, ResumeDesk.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see our Copyright Policy for more information on how to report infringement of your copyright. ResumeDesk.com may, at its sole discretion, terminate Website Users and/or Members who are deemed by ResumeDesk.com to be have committed copyright infringement, whether or not there is any repeat infringement.
17. Third Party Websites and Content.The Site may contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by ResumeDesk.com. ResumeDesk.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any Website Users on this Site or any Third Party Sites regarding ResumeDesk.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that ResumeDesk.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. This includes any use of the ResumeDesk.com Facebook Fan Page that is governed by the Facebook Terms of Service policy and the use of PayPal.com for processing your membership fee that is governed by the PayPal Terms of Service policy.
18. Third Party Content.Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of ResumeDesk.com. Neither ResumeDesk.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
19. Disclaimer of Warranty; Limitation of Liability.WEBSITE USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT WEBSITE USER’S SOLE RISK. IN NO EVENT WILL RESUMEDESK.COM OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF A RESUME DOWNLOADED FROM THIS SITE.
NEITHER RESUMEDESK.COM, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE OR THE MEMBERSHIP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE.
MEMBERSHIP IN THE RESUMEDESK.COM AND THE USE OF THIS SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. WEBSITE USER SPECIFICALLY ACKNOWLEDGES THAT RESUMEDESK.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY.
IN NO EVENT SHALL RESUMEDESK.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE OR RESUMES THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. WEBSITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER RESUMEDESK.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEBSITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST JOB OPPORTUNITIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
RESUMEDESK.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY RESUMEDESK.COM. MOREOVER, RESUMEDESK.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT RESUMEDESK.COM DEEMS UNSUITABLE, INCLUDING CONTENT POSTED BY MEMBERS FOR USE IN HIS OR HER PROFILE AND/OR RESUME. BY USE OF THIS SITE, WEBSITE USER AGREES THAT HIS OR HER CONTENT MAY BE REMOVED ANYTIME BY RESUMEDESK.COM. RESUMEDESK.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRICE OF YOUR MEMBERSHIP WHICH IS $24.95 AS OF MAY 1, 2010, BUT IN NO CASE WILL RESUMEDESK.COM’S LIABILITY TO YOU EXCEED $50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO RESUMEDESK.COM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM RESUMEDESK.COM, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. Monitoring.ResumeDesk.com shall have the right to monitor the content of the Site at all times, including viewing of any personal information in a Member’s account on the Site, to determine compliance with this Agreement and any operating rules established by ResumeDesk.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, ResumeDesk.com shall have the right to remove any material that ResumeDesk.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
21. Privacy.ResumeDesk.com cares about the privacy of our Website Users. Click here to view ResumeDesk.com’s Privacy Policy.
22. Submissions.You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site and/or ResumeDesk.com (“Submissions”) provided by you to ResumeDesk.com, are non-confidential and shall become the sole property of ResumeDesk.com. ResumeDesk.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications to, on, or through this Site, Website User shall be deemed to have granted to ResumeDesk.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
23. Termination.ResumeDesk.com may terminate this Agreement at any time. Without limiting the foregoing, ResumeDesk.com shall have the right to immediately terminate membership of any Member or accounts of any Website User in the event of any conduct by that person that ResumeDesk.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Website User or Member of this Agreement. ResumeDesk.com may terminate your membership, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 18 year of age or violate these Terms of Service. ResumeDesk.com may terminate a free Membership account anytime after 30 days of the creation of the account if the Member does not become a paid Member of ResumeDesk.com.
24. Storage.Basic Members may store one resume for up to 30 days on the ResumeDesk.com Site. Basic Members will not be able to download or otherwise use this resume unless they pay the annual membership fee. Paid Members may store up to 30 resumes during the time their membership is active. Paid Members will be able to download and use these resumes pursuant to the terms of this Agreement.
25. Waiver.No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
26. Headings.The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
27. Severability.If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
28. Governing Law; Venue and Jurisdiction.By purchasing a Membership from ResumeDesk.com or by visiting or using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ResumeDesk.com or any of ResumeDesk.com’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
29. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
30. Indemnity.You agree to indemnify and hold ResumeDesk.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
31. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. Oral changes have no effect.
32. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
33. Numbers and Gender.Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
34. Definitions and Constructions.Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
