Terms of Use

NOTE THAT SECTION 25 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

LAST UPDATED: February 1st, 2024

  1. Acceptance of Terms. 
    Welcome to OptimalResume.com, Inc. (“SkillsFirst,” “OptimalResume,” “ThinkOptimal,” “we,” “us,” “our” and terms of similar meaning) and our Terms of Use ("Terms"). These Terms are important and affect your legal rights when and if you access or use one or more of our websites, including http://skillsfirst.com/and SkillsFirst organization-branded online Spaces (collectively, the "Network"), so please read them carefully. By accepting these Terms, you represent that you are 16 years of age or older. If you do not agree to every provision of these Terms, you may not access or use the Network, or use any services, including without limitation any Subscription (as defined below) made available through the Network (collectively, the "Services"). These Terms may be revised at any time for any reason, and OptimalResume may provide you notice of these changes by any reasonable means, including by providing notice in your SkillsFirst Space. You can determine when we last updated the Terms by referring to the "Last Updated" legend at the top of these Terms. We strongly recommend that you periodically visit this page on the SkillsFirst website to review these Terms. If you do not agree to the revised Terms, you may not access the Network or use Services made available through the Network.

  2. Registration. 
    In order to access and use certain areas or features of SkillsFirst, you will need to register for a SkillsFirst account and join an Organization on the Network. Your name and email address are required to create an account on SkillsFirst. After you join an Organization, you may log in to your Organization’s Space to access Organization people and content. Each registration is for a single user only. Registration requires agreeing to these Terms and to our policies. By creating a SkillsFirst account, you agree to (a) provide accurate, current and complete account information and represent that you are the person whose data and information is being submitted, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Network on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your Organization Space or your account. By logging into your account, you may update your registration data or personal information at any time. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of SkillsFirst by you. By creating a SkillsFirst account, you also authorize and request OptimalResume to collect, use, process, store and disclose your User Originated Content (as defined in Section 16) for the purpose of providing the Services, use your personal information to communicate with you, and you further consent to receive electronic communications from OptimalResume, Organization Administrators, Organization Staff, Organization Collaborators, Organization Basics, and Organization Guests, and other Organization Members, and if you have joined the Pathway at an Organization, to electronic communications from Pathway Administrators, Pathway Career Coaches, Pathway Resource Navigators via email or by posting notices to the Space. These communications may include notices about your account (e.g., payment authorizations (if applicable), password changes and other transactional information and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that OptimalResume sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. Communications could also include requests to collaborate from the above-mentioned users, and career-related critiques, advice, and communications within the scope and purpose of the SkillsFirst Network. You are always free to refuse to collaborate or to communicate with other Users but the benefits you may garner from your use of the Services may be reduced.

  3. Multiple Memberships. 
    You may be invited to join more than one organization on the SkillsFirst network. Each Organization has its own Organization Space, and you can switch between Organization Spaces to access each Organization’s People and Content. Organization Administrators at each organization you join assign your Organization Roles and Organization People Groups at the organization. Your Organization Roles determine your organization permissions and what you can do in the Organization Space. Your Organization People Groups determine who you can see, who can see you, and who you can contact and share with inside the Organization Space. The content you create is linked to the Organization Space you are in when you create the content.

  4. Data Definitions.
    1. Registration Information. 
      The only personal information that is required to join an Organization on SkillsFirst is your Name, password, and email. All other personal information added by you is optional.
    2. Basic Profile Data. 
      When you join an Organization on SkillsFirst, some of your personal information, referred to as your Basic Profile Data, is automatically visible to some other members of the Organization. Your Basic Profile Data includes your Name, Avatar Picture (your default avatar picture is your initials), Header Picture, Current Title, Headline, and Summary. Note that your email is not considered Basic Profile Data and is only automatically visible to Organization Administrators and Organization Staff. Your Organization People Group assignments will determine which other Organization Members can access your Basic Profile Data, as defined in section 7 below.
    3. Additional Profile Data. 
      When you join an Organization on SkillsFirst, you have the option to add Additional Profile Data in your use of the Services. Additional Profile Data includes: About information (alternate email address, phone), Education Information (institution name, address, city, state, zip, degree, description, start date, and graduation date/expected date), Work Experience Information (organization name, address, city, state, zip, industry sector, occupation, description, start date and end date), Target Job Information (job title, industry sector, and occupation), Collaboration Preferences (help I need, help I provide), Competencies Information (Knowledge, Skills, and Abilities), Occupations Information (previous occupations, current occupations, target occupations, and occupations matching your interests), O*NET Interest Profiler results, Notes, and Messages. Your Additional Profile Data is private until you share it with others, with the exception that if you are a Pathway Participant in the 7-Step Career Pathway Model™, your Education Information, Work Experience Information, and Target Job Information is automatically shared with your Assigned Career Coaches and Resource Navigators and Pathway Administrators. You have the option to share your Additional Profile Data according to your Organization People Group assignments. Organization Administrators and Organization Staff can see your Additional Profile Data that you share with Organization People Groups. That is, your Organization People Group assignments determine which Organization Groups and members with whom you can share your Additional Profile Data. Organization Administrators and Organization Staff can see your Additional Profile Data that you share with Organization People Groups. Note that when you share your Additional Profile Data, recipients can locate you by searching using additional profile data search filters. With the exception of Pathway Participants who cannot remove access to their Education Information, Work Experience Information, and Target Job Information from their Assigned Career Coaches and Resource Navigators and Pathway Administrators unless they leave the Pathway Program, you can remove access to your Additional Profile Data at any time by deselecting the Organization Groups and members you have given access to your additional personal information.
    4. Profile Dashboard Widgets. 
      When you join an Organization on SkillsFirst, you have the option to add dashboard widgets on your member profile. Your profile dashboard widgets are automatically visible to people with access to your member profile and Basic Profile Data. Your Organization People Group assignments will determine which other Organization Members can access your Basic Profile Data, as defined in section 7 below.
    5. Personal Galleries Content. 
      On SkillsFirst, you have the option to use career tools to create or upload content in your Personal Galleries on your user profile. Personal Galleries are organized by gallery type including career advice, files, interviews, interview answers, interview questions, interview question answers, interview question coaching, cover letters, pitches, portfolios, resumes, and other content types. All content created in your Personal Galleries is controlled by you and is private by default. You have the option to share your Personal Galleries content according to your Organization People Group assignments. That is, your Organization People Group assignments determine which Organization People Groups and members with whom you can share your Personal Galleries Content. Note that when you share your Personal Galleries Content with Organization People Groups, your content automatically becomes visible in Organization Galleries by recipients. When you share your Personal Galleries Content directly with specific organization people, your content automatically becomes visible in the recipient’s Personal Galleries. When sharing your Personal Galleries Content, you can assign specific content permissions to recipients, and you can remove access to your content by removing assigned content permissions. At any time, you have the option to download your Personal Galleries Content that can be downloaded or to delete your Personal Galleries Content.
    6. Organization Content. 
      Organization Administrators and Organization Staff can create samples and other content to help organization members build skills and find employment, also known as “Organization Content.” Specifically, content created by Organization Administrators and Organization Staff in Organization Galleries is defined as Organization Content. Organization Content created by Organization Administrators and Organization Staff within the Organization Space is work product and is automatically visible, modifiable, downloadable, shareable, and removable by all Organization Administrators and Organization Staff. Organization Administrators and Organization Staff can share Organization Content with Organization People Groups, Members and Organization Partners. Organization Content is not controlled by any individual and is not considered personal information.
    7. Pathway Program Content. 
      When you join the 7-Step Career Pathway Model™ at an Organization, the content you create as part of the program is considered “Pathway Program Content” and is controlled by the Organization operating the Pathway. Specifically, Pathway Administrators control all Pathway Program Content, including all Participant Activities and Files Content, Participant Career Coaching Forms Content, Participant Assessment Scores, Participant Career Profiles Content, Participant Placements, Participant Appointments, Pathway Announcements, and Pathway Employer Career Profile Forms. Pathway Program Content is automatically visible, modifiable, downloadable, shareable, and removable by all Pathway Administrators; Pathway Career Coaches and Pathway Resource Navigators can only access the Pathway Program Content of their assigned Participants. Pathway Employers can only see Participant Career Profiles shared with them by Pathway Participants; Pathway Employers cannot see other Pathway Program Content. Notes added in Pathway are private by default and are controlled by User who entered the note. Messages exchanged between Pathway Users are only visible to them. Note and messages are not considered Pathway Program Content, excepting messages shared with the Organization by Pathway Employers.
    8. Participant Career Profiles. 
      In the 7-Step Career Pathway Model™, Pathway Participants create Participant Career Profiles for Pathway Employers. Participant Career Profiles may include uploaded content such as cover letters, resumes, assessment scores, honors & awards, letters of recommendation, references, training credentials, transcripts, career pathway maps, and more. Participant Career Profiles are considered Pathway Program Content and are controlled by the Organization operating the Pathway. Participant Career Profiles are automatically visible, modifiable, downloadable, shareable, and removable by all Pathway Administrators; Pathway Career Coaches and Pathway Resource Navigators can only see Participant Career Profiles of their assigned Participants. Pathway Administrators may require that Participant Career Profiles are approved by assigned Pathway Career Coaches and Pathway Resource Navigators before they can be shared by Pathway Participants with Pathway Employers. Pathway Participants control which employers can access their Participant Career Profiles. Pathway Employers can only see Participant Career Profiles shared with them by Pathway Participants. Pathway Participants can remove employer access to their Participant Career profiles at any time.

  5. Organization People Groups. 
    SkillsFirst utilizes Organization People Groups to determine how organization members collaborate, how much they can see about each other, and whether they can contact and share with each other. Organization Administrators and Staff determine your Organization People Group assignments and manage Default Organization People Group settings. You may be assigned to one or more Organization People Groups. Default Organization People Groups assignments are linked to Default Organization Roles (discussed below); when you are assigned a Default Organization Role, you are automatically in the linked Default Organization People Group. For example, if you are assigned the Organization Staff Organization Role, you are automatically in the Organization Staff People Group. Default Organization People Groups include the Organization Administrators People Group, Organization Staff People Group, Organization Collaborators People Group, Organization Basic People Group, and Organization Guests People Group. Below is a description of these default Organization People Groups and the extent to which individuals assigned to those Groups can see (the basic profile data of) other members, contact other members, and share with other members.
    1. Organization Administrators People Group. 
      Organization Administrators are people who manage the Organization on the Network. They can see all people who join the Organization, including their email and their Basic Profile Data, and they can contact and share with all people who join the organization.
    2. Organization Staff People Group. 
      Organization Staff are people who provide services on behalf of the sponsoring Organization, but are not Organization Administrators. They can see all people who join the Organization, including their email and their Basic Profile Data, and they can contact and share with all people who join the organization.
    3. Organization Collaborators People Group. 
      Organization Collaborators are people who join the organization to collaborate, demonstrate skills and find employment. They can see the Basic Profile Data of Organization Administrators, Organization Staff, and Organization Collaborators, and they can contact and share with Organization Administrators, Organization Staff, and Organization Collaborators.
    4. Organization Basic People Group. 
      Organization Basic Users join the organization to use career tools and explore careers, but not necessarily to collaborate with others. They can see the Basic Profile Data of Organization Administrators and Organization Staff, and they can contact and share with Organization Administrators and Organization Staff.
    5. Organization Guests People Group. 
      Organization Guests are people with an organization license and limited organization permissions. They can see the Basic Profile Data of Organization Administrators and Organization Staff, and they can contact and share with Organization Administrators and Organization Staff.
    6. Custom Organization People Groups. 
      Organization Administrators can create custom Organization People Groups and manage custom organization group settings, including the extent to which individuals assigned to those Groups can see (the basic profile data of) other members, contact other members, and share with other members.

  6. Organization Roles. 
    SkillsFirst utilizes role-based access (“Roles”), which means Users are assigned Organization Roles that are appropriate for that person’s expected activities on the Network. You may be assigned to one or more Organization Roles. SkillsFirst manages default organization roles. Default Organization Roles include Organization Administrator, Organization Staff, Organization Collaborator, Organization Basic, and Organization Guest. Below is a description of these default Roles and a summary of permissions allocated to these Organization Roles:
    1. Organization Administrator Role. 
      Organization Administrators are people who manage the Organization on the Network. These are trusted program managers at a sponsoring Organization. They have all Organization management permissions. They manage Organization access, Organization content and approvals, the Organization profile and dashboard, and Organization analytics. Organization Administrators can view all content and profile data shared with Organization Groups, and can control/limit access to content shared with Organization Groups. Organization Administrators customize the Organization space, all programs, and settings.
    2. Organization Staff Role. 
      Organization Staff are people who provide services on behalf of the sponsoring Organization, but are not Organization Administrators. They do not have all Organization management permissions. They can invite Organization Collaborators, Organization Basic Users, and Organization Guests to the Organization, but they cannot remove Organization Roles from members. They cannot manage the Organization profile and dashboard, Organization analytics, Organization subscriptions, or Organization partnerships. Organization Staff do not customize the Organization space, programs, or settings.
    3. Organization Collaborator Role. 
      Organization Collaborators are people who are primarily served by the sponsoring Organization. Organization Collaborators do not have any Organization management permissions. Generally speaking, Organization Collaborators join SkillsFirst to collaborate with people on the Network around career development, to receive mentoring and career coaching, and to find employment.
    4. Organization Basic Role. 
      Organization Basic users are people with limited organization permissions but who are not Organization Guests. Organization Basic users do not have any Organization management permissions. Generally speaking, Organization Basic users join SkillsFirst to use career tools and demonstrate marketable skills in order to find employment.
    5. Organization Guest Role. 
      Organization Guests are people with an Organization license and basic permissions. Organization Guests do not have any Organization management permissions. Generally speaking, Organization Guest join SkillsFirst to use career tools and to gain access to programs provided by the organization, such as the 7-Step Career Pathway Model™.

  7. 7-Step Career Pathway Model™ Roles. 
    The 7-Step Career Pathway Model™ (“Pathway”) is a program that may be operated by a sponsoring Organization within their SkillsFirst Space. When an Organization chooses to operate the Pathway, there are five default Roles associated with the Pathway. These default roles are managed by SkillsFirst and are Pathway Administrator, Pathway Career Coach, Pathway Resource Navigator, Pathway Participant, and Pathway
    1. Pathway Administrator Role. 
      Pathway Administrators manage the Pathway at the Organization. By default, all Pathway Administrators also have the Organization Administrator Role. Therefore, these are trusted program managers at the sponsoring Organization. Pathway Administrators have all Pathway management permissions and control all Pathway Program Content. Pathway Administrators can view all Pathway Program activity, including all Participant Activities and Files Content, Participant Career Coaching Forms Content, Participant Career Profiles Content, Participant Placements, Participant Appointments, and Pathway Employer Career Profile Forms. Pathway Administrators manage Pathway access and can assign and remove all Pathway Roles. Pathway Administrators can manage Participant-Career Coach assignments and Participant-Resource Navigator assignments. Pathway Administrators manage Pathway assessment licenses (where applicable) and Pathway analytics. Pathway Administrators may require approval of Pathway Employer Career Profile Forms before they are visible by Pathway Participants, Pathway Career Coaches, and Pathway Resource Navigators, and they may require approval of Pathway Participant Career Profiles before they can be shared with Pathway Employers. Pathway Administrators configure all Pathway settings, activities, and Pathway forms settings. Pathway Administrators can automatically see all people who join the Pathway, including their name, email address and avatar picture, and they can contact and share with all people who join the Pathway. Note: Because Organizations operating the 7-Step Career Pathway Model™ may require continued access to user Pathway Program Content if the program is discontinued, and for compliance and other reporting purposes, Pathway Administrators control all Pathway Program Content and may download, share, and remove Pathway Program Content at any time. All notes added by Pathway Administrators are private by default and controlled by the Pathway Administrator. All messages sent to other Pathway users by Pathway Administrators are only visible by those recipients.
    2. Pathway Career Coach Role. 
      Pathway Career Coaches are people who provide Evidence-Based Career Coaching to Pathway Participants and guide Pathway Participants through the steps of the 7-Step Career Pathway Model™. By default, all Pathway Career Coaches also have the Organization Guest Role. Pathway Career Coaches do not have all Pathway management permissions. They do not manage Pathway Settings or Pathways Analytics. They can invite Pathway Participants to the program who are automatically assigned to them, i.e., Pathway Career Coaches provide career coaching services to the Pathway Participants they invite to the program. Pathway Administrators may also assign Pathway Participants to Pathway Career Coaches. Pathway Career Coaches work with their assigned Pathway Participants and review and approve assigned Participant Activities and Participant Career Profiles prior to submission by Pathway Participants to employers; however, Pathway Participants control employer access to their Participant Career Profiles. Pathway Career Coaches only have access to their assigned Pathway Participants and the Pathway Program Content of their assigned Pathway Participants; they cannot see Pathway Participants assigned to other Pathway Career Coaches, or the Pathway Program Content of Pathway Participants assigned to other Pathway Career Coaches. Pathway Career Coaches see the name and Avatar Picture of all Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators, and can contact and share with all Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators. All notes added by Pathway Career Coaches are private by default and controlled by the Pathway Career Coach. All messages sent to other Pathway users by Pathway Career Coaches are only visible by those recipients.
    3. Pathway Resource Navigator Role. 
      Pathway Resource Navigators are people who provide support services to Pathway Participants. This could include transportation assistance, childcare, elder care, etc. By default, all Pathway Resource Navigators also have the Organization Guest Role. Pathway Resource Navigators do not have all Pathway management permissions. They do not manage Pathway Settings or Pathways Analytics. They can invite Pathway Participants to the program who are automatically assigned to them, i.e., Pathway Resource Navigators provide services to the Pathway Participants they invite to the program. Pathway Administrators may also assign Pathway Participants to Pathway Resource Navigators. Pathway Resource Navigators work with their assigned Pathway Participants and may review and approve assigned Pathway Participant Activities and Participant Career Profiles prior to submission by Pathway Participants to employers; however, Pathway Participants control employer access to their Participant Career Profiles. Pathway Resource Navigators only have access to their assigned Pathway Participants and the Pathway Program Content of their assigned Pathway Participants; they cannot see Pathway Participants assigned to other Pathway Resource Navigators, or the Pathway Program Content of Pathway Participants assigned to other Pathway Resource Navigators. Pathway Resource Navigators see the name and Avatar Picture of all Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators, and can contact and share with all Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators. All notes added by Pathway Resource Navigators are private by default and controlled by the Pathway Resource Navigator. All messages sent to by Pathway Resource Navigators to other Pathway users are only visible by those recipients.
    4. Pathway Participant Role. 
      Pathway Participants are people who receive career coaching and support services from Pathway Career Coaches and Pathway Resource Navigators, respectively. These could be students enrolled at a college, or residents receiving services from a local workforce agency, or an employee receiving career coaching to help with upward mobility at the Pathway Participant’s employer. By default, all Pathway Participants also have the Organization Guest Role. Pathway Participants work with assigned Pathway Career Coaches and Pathway Resource Navigators to successfully complete the Pathway. All information added by Pathway Participants in 7-Step Career Pathway Model™ is considered “Pathway Program Content” and is controlled by the Organization operating the Pathway, including all Participant Activities and Files Content, Participant Career Coaching Forms Content, Participant Assessment Scores, Participant Career Profiles Content, and Participant Placements. Pathway Program Content is automatically visible, modifiable, downloadable, shareable, and removable by all Pathway Administrators and assigned Pathway Career Coaches and Pathway Resource Navigators. Assigned Pathway Career Coaches and Resource Navigators work with Pathway Participants and review and approve Pathway Participant Activities and Participant Career Profiles prior to submission by Pathway Participants to employers; however, Pathway Participants control employer access to their Participant Career Profiles. Pathway Employers can only see Participant Career Profiles shared with them by Pathway Participants. Pathway Participants can remove access to their Participant Career Profile from Pathway Employers at any time. Pathway Employers cannot see other Pathway Program Content. Pathway Participants can see the name and Avatar Picture and contact and share with all Pathway Administrators and their assigned Pathway Career Coaches and assigned Pathway Resource Navigators. Pathway Participants cannot see other Pathway Participants or the Pathway Program Content of other Pathway Participants. All notes added by Pathway Participants are private by default and controlled by the Pathway Participant. All messages sent to other Pathway users by Pathway Participants are only visible by those recipients.
    5. Pathway Employer Role. 
      Pathway Employers are Organizations seeking to hire Pathway Participants. These likely are employers interested in pursuing evidence-based talent practices. Pathway Employers are invited by Pathway Administrators to the Pathway program at the organization. Pathway Employers create Pathway Employer Career Profile Forms that are approved by Pathway Administrators in order to receive Pathway Participant Career Profile submissions. Pathway Employers configure Pathway Employer Career Profile settings and preferences to ensure they receive pre-defined content. Pathway Participants, Pathway Career Coaches, and Pathway Resource Navigators can only see Pathway Employer Career Profile Forms approved by Pathway Administrators; Pathway Participants can only submit Participant Career Profiles to approved Pathway Employer Career Profile Forms. Pathway Career Coaches and Pathway Resource Navigators may be required by Pathway Administrators to review and approve assigned Participant Career Profiles before they can be submitted by Pathway Participants to Pathway Employers. Participant Career Profiles are not automatically visible to Pathway Employers. Pathway Participants must share Participant Career Profiles with Pathway Employer recipients before they are visible to Pathway Employers. Pathway Participants can remove access to their Participant Career Profile from Pathway Employers at any time. Pathway Employers cannot access other Participant Pathway Program Content. Pathway Employers can contact Pathway Participants who submit Participant Career Profiles to them. Pathway Employers can also report Participant Placements. Participant Placements added by Pathway Employers are considered Pathway Program Content are automatically visible, modifiable, downloadable, shareable, and removable by all Pathway Administrators. Pathway Employers can contact the Organization operating the Pathway, but they cannot see the names or Avatars or contact or share with individual Pathway Administrators, Pathway Career Coaches or Pathway Resource Navigators. All notes added by Pathway Employers are private by default and controlled by the Pathway Employer. All messages sent to the Organization by Pathway Employers are considered Pathway Program Content and are automatically visible, modifiable, downloadable, shareable, and removable by all Pathway Administrators.

  8. Organization Galleries. 
    Each organization on SkillsFirst has Organization Galleries on the organization profile that are managed by the Organization. Organization Galleries contains career content that is shared with the Organization by Organization Members and SkillsFirst. Each organization controls the content displayed in its Organization Galleries. Specifically, Organization Administrators and Organization Staff manage Organization Galleries and can control/limit access to any content shared with the organization and Organization People Groups. Organization Administrators may require prior approval of content shared with or by Organization People Groups before it is visible. Moreover, Organization Administrators determine sharing permissions of all Organization People Groups. Additionally, Organization Administrators and Organization Staff can add Organization Content, such as samples, in Organization Galleries. Such Organization Content is controlled by the Organization Administrators People Group and the Organization Staff People Group, and is automatically visible, modifiable, downloadable, shareable, and removable by all Organization Administrators and Organization Staff.

  9. Personal Galleries Content Privacy & Sharing. 
    We are committed to maintaining your trust by respecting and protecting your privacy. This section explains how your Personal Galleries Content is managed, how sharing works on SkillsFirst, what 'private' means within our platform, and how your content can be accessed by different parties including OpenAI and organizations using our REST API. Please read through this section carefully to understand our practices and policies.
    1. Privacy and Personal Galleries Content Sharing.
      Your Personal Galleries Content is private by default and not visible by others unless you share it. In the context of our platform, 'private' means that only you and those you explicitly share your content with can view it through the SkillsFirst interface.
    2. Data Sharing with OpenAI
      . However, if you choose to share your content with OpenAI for content analysis and feedback, certain parties may access your data. We utilize OpenAI's GPT technology for resume parsing, scanning, and skills gap analysis. For enhanced privacy, you might choose to redact or use placeholder data for personal details such as your name, email, and phone number before submission. After receiving feedback, you can manually reinsert this information. All data is processed and stored according to OpenAI's policies, with only necessary information collected. We encourage you to review OpenAI's Terms of Use and Privacy Policy for more details. Your privacy matters to us.
    3. Content Sharing with Organizations Using our REST API.
      Organizations that utilize our REST API may access your content, including private content, to provide employment services or for other internal use. This is an essential requirement to provide comprehensive services to you. Even when accessed this way, your content will only be used in line with our privacy policy and the terms agreed upon by your sponsoring organization.
    4. Content Sharing Permissions.
      When you share your Personal Galleries Content, you can assign specific permissions to your content. Each Personal Galleries Content Type has default content roles and permissions that are detailed in the User Guide. SkillsFirst manages default content roles and can update default content role permissions at any time. You can remove access to your shared Personal Galleries Content by removing content roles assigned to recipients.
    5. Visibility of Shared Content.
      Note that when you share your Personal Galleries Content with Organization People Groups, your content automatically becomes visible in Organization Galleries to people in the Organization People Groups you shared it with. When you share your Personal Galleries Content directly with specific organization members, your content automatically becomes visible in the recipient’s Personal Galleries.
    6. Access Control by Organization Administrators and Staff.
      Organization Administrators and Organization Staff can see all content shared with all Organization People Groups and can control/limit access to content in Organization Galleries and have the right to remove your shared content from Organization Galleries at any time. However, Organization Administrators and Organization Staff cannot otherwise control your Personal Galleries Content.
    7. Removal from Organization People Groups
      . Organization Administrators also have the right to remove you from Organization People Groups and to remove your access to the Organization if deemed necessary. If you are removed from an Organization People Group, your group sharing permissions are also removed, and any personal information or Personal Galleries Content you already shared as a result of your prior group permissions is also removed from Organization Galleries.
    8. Content Export by Sponsoring Organizations
      Furthermore, if your sponsoring organization terminates its subscription to SkillsFirst or chooses to stop using the Service, Organization Administrators at the sponsoring organization may export any of your Personal Galleries Content linked to the Organization.

  10. License to Access and Use the Services. 
    Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the SkillsFirst logo, and all designs, text, graphics, pictures, information, data, software, User Originated Content (as defined in Section 16), other files and the selection and arrangement thereof (collectively, "Content") are the sole property of OptimalResume or our licensors, as applicable, and are protected by U.S. and international copyright and other laws. We do not claim any right, title, or interest in your User Originated Content (as defined in Section 16) and these Terms do not give you any rights in the User Originated Content shared by other Users. Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions of these Terms. However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Network, Services, Content, or User Originated Content (other than your own), (b) distribute, publicly perform or publicly display any Content or User Originated Content (other than your own), (c) except as expressly permitted by these Terms modify or otherwise make any derivative uses of the Network, Services, or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than routine page caching by your web browser) any portion of the Network, Services, or Content, except as for intended career development, learning, career networking, or job search purposes, (f) use the Network or Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Network, Services, or servers or networks used in connection with the Network; or (h) use the Network, Services, or Content other than for their intended purposes. For clarity, you are authorized to modify sample or template documents such as resumes or cover letters that we provide through the Services to create customized documents specific to you. Any use of the Network, Services, or Content or User Originated Content (other than your own) other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of OptimalResume or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and, except as expressly permitted by these Terms, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content.

  11. Trademarks. 
    The OptimalResume logo, SkillsFirst logo, MasterYourStory, and any other OptimalResume product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Network or Services, in your Space, or in connection with Services are the property of OptimalResume or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in the Network or Services shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of OptimalResume or such third party that may own such Mark. Your misuse of any such Mark is strictly prohibited.

  12. Privacy and GDPR Compliance.
    1. Privacy and Data Protection. 
      Privacy and Data Protection. OptimalResume is committed to processing and protecting the personal data collected through use of the Services in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation ("GDPR"). OptimalResume’s policy is to retain personal data solely as necessary to provide our Services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to "unsubscribe" from further messages from us. We also maintain backups of user data, which are retained for a period of 65 days to protect against potential data loss. Please note that even in the event of a deletion request, user data may still be present in our backups until the end of this period. After this 65-day period, your data will be permanently deleted from our backup systems. This policy applies to personal data that you or others provided to us, and personal data generated or inferred from your use of our services. When OptimalResume is the data Controller, we establish how your personal data is processed and for what purposes. For additional information about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the OptimalResume Privacy Policy located at https://skillsfirst.com/privacy-policy. Where OptimalResume has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, OptimalResume may disclose IP addresses, personal information, and any contents of the Services where it is legally compelled to do so.
    2. How We Protect Your Information. 
      We implement a number of security features to help ensure that your information is safe. We use industry standard technologies when transferring and receiving customer data exchanged between OptimalResume and third parties to ensure its security. User data is stored on servers located in the States of Virginia and Ohio in the United States maintained by Amazon Web Services and subject to their security safeguards which are continuously audited, with certifications from accreditation bodies across geographies and verticals. You can read more about Amazon Web Services’ security and compliance at https://aws.amazon.com/compliance/
    3. Children Under Sixteen. 
      The Services are not intended for children under the age of sixteen (16), and if we learn that personal information is the information of a child under sixteen (16), we will attempt to delete the information as soon as possible. If you are under the age of eighteen (18), we encourage you to review these Terms and our Privacy Policy with an adult to understand what type of information we collect, how it is used and how it may be disclosed.
    4. International Users. 
      These Terms and the OptimalResume Privacy Policy are accurate, comprehensive, prominently displayed, completely implemented, accessible and conform to the relevant data protection legislation. Please note that the Personal Information you submit to us may be transferred to the United States and other countries to be processed by us in order to provide the Services to you or for such other purposes as set forth in this Policy. If you are not a resident of the United States you consent and agree that we may collect, process, use, and store your personal information, as discussed in these Terms, outside your resident jurisdiction, including in the United States. Please be aware that United States law and laws of other countries where we may store and process your data may offer different levels of protection for personal information than may be available in your country. Whenever we disclose any personal information to third parties to the extent described above, we ensure that the transfer is in accordance with these Terms and the OptimalResume Privacy Policy, including all applicable data protection legislation. You shall ensure that you comply with the applicable requirements of all applicable legislation and regulatory requirements in force from time to time relating to the use of personal data and privacy, including, without limitation, the GDPR.
    5. Individuals in the EEA. 
      Personal Data (as defined in GDPR or other relevant EU data protection law) that you submit to us may be processed by us in order to provide the Services to you or for such other purposes as set forth in these Terms and the OptimalResume Privacy Policy. Your personal data may be transferred to the United States and other countries outside of the EEA which may offer different levels of protection for personal data than may be available in your country. We ensure that all personal data is handled, processed, transferred, and stored in accordance with relevant EU data protection law, and that adequate safeguards and procedures providing protection to Users’ personal data are in place. When you register to use the Services, you agree to our terms and privacy policy and, in particular, you expressly agree to the transfer of your personal information for the purposes described in that policy.
    6. Unsubscribe/Delete Personal Data. 
      You have many choices about how your data is collected, used, and shared. We describe our policies regarding the collection, use and disclosure of your data in our Privacy Policy located at https://skillsfirst.com/privacy-policy. Users may opt-out of receiving any or all communications from OptimalResume by following the "unsubscribe" link on communications received from OptimalResume or otherwise by contacting us at support@skillsfirst.com. If your membership is cancelled by an Organization that is a Controller and we are the data Processor, you may contact us to delete your personal information which will only be completed at the instruction of the Controller. In those instances when we are the Controller, we will delete your personal information upon your request. At any time, you have the option to download your Personal Galleries Content that you had previously uploaded or to delete your Personal Galleries Content.
    7. Contact information. 
      To exercise any relevant rights, ask questions, or make a complaint, please contact OptimalResume via support@skillsfirst.com.

  13. User Originated Content. 
    You are solely responsible and liable for all data, information, and other materials ("User Originated Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any recipient of information shared through the Services. You agree that you will not, and will not permit anyone else to, directly or indirectly: Transmit any User Originated Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; Transmit any User Originated Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; Forge headers or otherwise manipulate identifiers in order to disguise any User Originated Content Transmitted through the Site. Although we have no obligation to screen, edit or monitor User Originated Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Originated Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Originated Content you post or store on the Services at your sole cost and expense.

  14. Rights in User Originated Content. 
    We do not claim any ownership interest in your User Originated Content. However, by uploading, posting, or submitting User Originated Content to the Services you hereby grant OptimalResume a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Originated Content, in whole or in part, for the purpose of providing the Services. OptimalResume will only use and share personal data that you provide in accordance with our Data Privacy Policy at https://skillsfirst.com/privacy-policy. You acknowledge and agree that OptimalResume may disclose or use any User Originated Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any a governmental entity or any department, agency or political subdivision thereof; (c) responding to claims that any User Originated Content violates the rights of third parties; or (d) protecting the rights or property of OptimalResume, its customers or the public. In the context of User Originated Content, especially for specific GPT-related functions, we have implemented an automatic redaction feature to enhance user privacy. This feature is designed to identify and redact specific types of Personal Identifiable Information (PII) from your content before it is processed by OpenAI technologies. The types of PII automatically redacted include: Address, Age, Email, Name, Phone number, and URLs. This process is powered by Amazon Comprehend, ensuring the protection and confidentiality of your sensitive data during AI-driven analysis and other related processes.

  15. Feedback. 
    Separate and apart from User Originated Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about OptimalResume, the Site, the Network, or our Services (collectively, "Feedback"). Feedback is nonconfidential and shall become the sole property of OptimalResume. OptimalResume shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Note: For any content submitted as Feedback involving GPT-related functions, our automated PII redaction process is applied to ensure privacy and compliance with data protection standards.

  16. Linked Sites. 
    Linked Sites. We have not reviewed all of the websites linked to the Services and are not responsible for the content of any third-party pages, any Organization pages that are external to the Services, or any other websites linked to the Services, or any products or services offered by third parties linked to the Services. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. OptimalResume reserves the right not to link, or to remove the link, to a particular website at any time. For certain features of our Services, we may provide links to third-party resources such as O*NET, CareerOneStop, OpenAI, and others. While these resources are chosen for their credibility and usefulness to our users, we do not control their content, privacy practices, or terms of use. Our linking to these sites does not imply any endorsement or partnership. We strongly encourage users to review the terms and conditions and privacy policies of these third-party websites. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by OptimalResume. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk. Regarding our integration with OpenAI, we apply an automatic PII redaction process to all user content subjected to GPT-related functions, ensuring the protection of your sensitive data before it's processed by third-party technologies.

  17. Subscriptions. 
    We offer individual subscription plans in a limited number of circumstances (each, a "Subscription").
    WHEN YOU REGISTER FOR AN INDIVIDUAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) OPTIMALRESUME (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR INDIVIDUAL SUBSCRIPTION ELECTRONICALLY BY SENDING TERMINATION NOTICE TO THE FOLLOWING EMAIL ADDRESS: SUPPORT@SKILLSFIRST.COM.

    “Dear Sir or Madam:
    Please cancel my SkillsFirst individual subscription [immediately]/[effective as of the expiration date of my current subscription]. The following identifying information pertains:
    Name: [__]
    Email address: [__]
    Phone number: [__]
    Sincerely,
    [Name]”

  18. Payment and Billing Information. 
    By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Subscription (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.

  19. Pricing and Availability. 
    All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. All of our Services are subject to availability, and we reserve the right to reject all or part of an Order, to discontinue offering certain Services without prior notice. All of our Services are subject to availability, and we reserve the right to reject all or part of an Order, to discontinue offering certain Services without prior notice.

  20. Taxes. 
    We will collect applicable sales tax on Services for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

  21. No Resale. 
    You are not permitted to resell or otherwise use the Services for commercial purposes.

  22. Indemnification. 
    Under our commitment to data protection, we implement an automated PII redaction feature in certain GPT-related functions, aimed at safeguarding your personal information during processing. To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify OptimalResume, its subsidiaries and affiliates, business partners, contractors, OPTIMALRESUME service providers, and their respective officers, employees, agents and representatives (collectively, the "OptimalResume Parties") from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Network, Services, any User Originated Content that you Transmit to or through the Network or Services, any Feedback you provide, any violation of these Terms by you, any willful misconduct by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Network or the Services. You further agree that OptimalResume shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and OptimalResume.

  23. Disclaimers. 
    TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, THE CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OPTIMALRESUME NOR THE OPTIMALRESUME PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, THE OPTIMALRESUME PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE OPTIMALRESUME PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE OPTIMALRESUME PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE OPTIMALRESUME PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OPTIMALRESUME PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES. THE OPTIMALRESUME PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

  24. Limitation of Liability; Waiver. 
    TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF SKILLSFIRST AND THE SERVICES. ANY USE OF SKILLSFIRST OR THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISK, FORESEEN AND UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPTIMALRESUME PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE NETWORK, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY OPTIMALRESUME PARTY, OR FROM EVENTS BEYOND THE OPTIMALRESUME PARTIES’ REASONABLE CONTROL, SUCH AS NETWORK INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE OPTIMALRESUME PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE OPTIMALRESUME PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF SERVICES PURCHASED FROM SKILLSFIRST EXCEED THE GREATER OF THIRTY DOLLARS ($30.00) OR THE AMOUNT PAID BY YOU FOR SUCH SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE OPTIMALRESUME PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE OPTIMALRESUME PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH OPTIMALRESUME FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

  25. Arbitration and Class Action Waiver. 
    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH OPTIMALRESUME AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AND OPTIMALRESUME AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING, AS APPLICABLE, CONSUMER OR COMMERCIAL DISPUTES BEFORE A SINGLE ARBITRATOR. Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and OptimalResume agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address if a consumer dispute and otherwise in Raleigh, North Carolina. OptimalResume further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and OptimalResume are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Services. REGARDLESS OF THE FORUM, YOU AND OPTIMALRESUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OptimalResume agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

  26. Modifications to the Site and Services. 
    We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently the Network (or any features or parts thereof) or the provision of any Services at any time. We reserve the right to modify our PII redaction processes and will provide notice of significant changes, especially those affecting the handling and security of user data.

  27. Termination. 
    Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Network or Services and to order or receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

  28. Governing Law and Jurisdiction. 
    OptimalResume operates the Services from North Carolina, U.S. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement shall be governed by the laws of the state of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such jurisdiction. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the U.S.A., shall not apply. If Section 18 is found to be unenforceable, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts of Wake County, North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Network or Services, if any, and by any other means permitted by law.

  29. Notice. 
    All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to OptimalResume at the following contact: legal@optimalresume.com. Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on the Network or Services. Please report any violations of these Terms to OptimalResume at the contact listed above.

  30. Severability. 
    If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause, or provision of these Terms.

  31. Survival. 
    All rights and obligations of you and OptimalResume under these Terms which by intent or meaning have validity beyond or by their nature apply or are to be performed or exercised after the termination or expiration of these Terms shall survive the termination or expiration of these Terms for the period so specified, if any, or for perpetuity.

  32. Miscellaneous. 
    These Terms constitute the entire agreement between you and OptimalResume relating to your access to and use of the Services and your order, receipt, and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of OptimalResume. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

  33. Procedure for Making Claims of Copyright Infringement. 
    We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Network or Services infringes your copyright, please provide our copyright agent the written information specified below. (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on a Space in the Network or Services; (d) Your address, telephone number and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. OptimalResume’s copyright agent for notice of claims of copyright infringement can be reached as follows: OptimalResume.com, Inc., Legal Officer, PO Box 2513, Banner Elk, NC 28604 legal@thinkoptimal.com, +1 (877) 998-7654