TERMS OF USE





LAST UPDATED: January 31, 2019

NOTE THAT SECTION 18 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.

1. Acceptance of Terms

Welcome to SkillsFirst, a career learning network and platform developed by OptimalResume.com, Inc. ("OptimalResume," "we" or "us") and our Terms of Use (these "Terms"). These Terms are important and affect your legal rights when and if you access or use one or more of the websites provided by OptimalResume, including https://skillsfirst.com and our organization-branded online Spaces accessible as part of SkillsFirst (collectively, the "Network"), so please read them carefully. After reviewing these Terms, please indicate your acceptance by clicking the "I Agree" checkbox.

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 website or Network, or use any services, including without limitation any Subscription (as defined below) made available through SkillsFirst (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 of the SkillsFirst website or Space to review these Terms. If you do not agree to the revised Terms, you may not access or use the Network, or use Services made available through the Network.

2. Roles

SkillsFirst utilizes role-based access (“Roles”), which means Users are assigned Roles that are appropriate for that person’s expected activities and access to data for the purposes of the Network. SkillsFirst manages default organization roles and default 7-Step Career Pathway Model® Roles. Default Organization Roles include Organization Administrator, Organization Staff, Organization Collaborator, Organization Guest, and Organization Partner. Default 7-Step Career Pathway Model® Roles include Pathway Administrator, Pathway Career Coach, Pathway Resource Navigator, Pathway Participant, and Pathway Employer. Below is a description of these default Roles and a summary of how individuals assigned to those Roles can create, access, share, and use data.

Organization Roles

Organizational 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, Organization analytics, Organization tickets, career tools access permissions, and more. Organization Administrators customize the Organization space, all programs, and settings. They can create custom Organization Roles and permissions. They can share content with all people who join the Organization. Organization Administrators automatically can see:

  • The name, email, avatar picture, header picture, and activity of all people who join the Organization.
  • The Contact and Personal information of all Organization Collaborators.
  • The notes and messages shared with and by Organization Administrators and Organization Staff.
  • The User Galleries Content added by Organization Administrators and Organization Staff within the Organization Space, also known as “Organization Content.” Organization Content is work product created by Organization Administrators and Organization Staff within the Organization Space and is automatically visible, modifiable, downloadable, shareable, and removable by all Organization Administrators and Organization Staff.

Note that Organization Administrators cannot see User Galleries Content added by Organization Participants, Organization Guests, or Organization Partners unless it has been shared with them by such Users. By default, Organization Administrators also have the Pathway Administrator Role in the 7-Step Career Pathway Model®.

Organization Staff are people who are employed by the sponsoring Organization but are not Organization Administrators.
They do not have all Organization management permissions. They do not manage Organization access, the Organization profile and dashboard, Organization analytics, Organization tickets, or career tool access permissions. Organization Staff do not customize the Organization space, programs, or settings. They can share content with all people who join the Organization. Organization Staff automatically can see:

  • The name, email, avatar picture, header picture, and activity of all people who join the Organization.
  • The Contact and Personal information of all Organization Collaborators.
  • The notes and messages shared with and by Organization Administrators and Organization Staff.
  • Organization Content, which as explained above, is User Galleries Content added by Organization Administrators and Organization Staff within the Organization Space.

Note that Organization Staff cannot see User Galleries Content added by Organization Participants, Organization Guests, or Organization Partners unless it has been shared with them by such Users.

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 demonstrate marketable skills, to collaborate with people on the Network around career development, to receive mentoring and career coaching, and to find employment. To this end, Organization Participants may add user profile information including Contact and Personal information, Education information, Work Experience information, Mentoring Preferences information, avatar picture, header picture, target occupations, and skills information; provide additional personal information in widgets on their user profile dashboard; upload content or create content using career tools that is stored in their user galleries; create notes and send messages with other users to facilitate collaboration and learning; establish connections with other people on the Network; and share their user profile information, user dashboard widgets, and user galleries content with people on the Network in accordance with sharing permissions, which are based on the Organization Role of the individual with whom information is being shared. In order to join an Organization on the Network, Organization Collaborators must share some information about themselves with other people who join the Organization in an Organization Role, including:

  • Organization Collaborators must share their name, avatar picture, and header picture with all people who join the Organization.
  • Organization Collaborators must share all of their Contact and Personal information with Organization Administrators and Organization Staff, including Contact and Personal information, Education information, Work Experience information, Mentoring Preferences information.
  • Organization Collaborators should understand that the notes and messages they share with Organization Administrators and Organization Staff are visible to all Organization Administrators and Organization Staff.

However, other personal information added by Organization Collaborators is private, including:

  • Content added in user profile dashboard widgets is private unless shared by Organization Collaborators.
  • Content uploaded in user galleries or created with career tools and stored in user galleries is private unless shared by Organization Participants.
  • Content in notes and messages is private until shared by Organization Collaborators.

Organization Guests are people with an Organization license and basic permissions. Organization Guests do not have any Organization management permissions. Generally speaking, Organization Guests are invited to an Organization on the Network because they are invited to the 7-Step Career Pathway Model® at that Organization. All people invited to the 7-Step Career Pathway Model® at an Organization must have both a Pathway Role and Organization Role, and Organization Guest is the default Organization Role for 7-Step Career Pathway Model® invitations, though Pathway Administrators can assign any Organization Role to people invited to the pathway. Organization Guests must share some information about themselves with other people who join the Organization, including:

  • Organization Guests must share their name, avatar picture, and header picture with all people who join the Organization.
  • Organization Guests should understand that the notes and messages they share with Organization Administrators and Organization Staff are visible to all Organization Administrators and Organization Staff.

However, other personal information added by Organization Guests is private, including:

  • Other than name and email, which are visible to Organization Administrators and Organization Staff, all Contact and Personal Information added by Organization Guests is private until it is shared by Organization Guests.
  • Content added in user profile dashboard widgets is private unless shared by Organization Guests.
  • Content uploaded in user galleries or created with career tools and stored in user galleries is private unless shared by Organization Guests.
  • Content in notes and messages is private until shared by Organization Guests.

Organization Partner is a role assigned to other Organizations. It is not a role that is assigned to Users. Verified Organizations (that purchase a subscription on SkillsFirst) may establish partnerships with other Verified Organizations by exchanging Organization Partner roles. A partnership becomes active when both Organizations receive the Organization Partner Role. For example, a college may partner with an employer or workforce agency on the Network. If a college invites an Employer to partner, the college will assign the Organization Partner Role to the employer organization. To activate the partnership, the employer also assigns the Organization Partner Role to the college. Organization Partners may have permission to share career content (prior approval may be required by Organization Administrators), list and contact Organization people, and access content (e.g. work samples) shared by Organization. Organization Partners can only access profile data and content that has been shared with them by people in the Organization. For example, search results would only return content, e.g. work samples, of Organization Collaborators who have opted to share such content with the Employer partner. Data kept private by an Organization Collaborator with respect to the particular Employer would not appear in a search result. These searches could be around skills that are of interest to the Employer and can help Organization Collaborators get discovered by Employers. Organization Partners may request to connect with Organization Participants at the Partner Organization so long as the Participant has chosen to be visible to such Partner Organization. Organization Partners could also function as mentors for Organization Participants of a college or workforce Organization. Organization Partners may also choose to collaborate on the 7-Step Career Pathway Model®. An Organization operating the 7-Step Career Pathway Model® may partner with other Organizations and assign 7-Step Career Pathway Model® Roles to the Partner Organization.

All Organization Roles can upload, create, and share content with people in the Organization and in the Network. However, sharing is subject to Organization Role permissions. For example, an Organization User may create content (a video introduction) and wish to share that content with specific Organization Partners. Organization Administrators may create a custom Organization Role that requires the Organization User’s content to be approved by Organization Staff before it is shared with Organization Partners.

All Organization Roles can revoke access to content they have previously shared, with the exception of Organization Administrators and Organization Staff, whose user galleries content (created within the Organization Space) is considered “organization content” that is automatically visible, modifiable, downloadable, shareable, and removable by all Organization Administrators and Organization Staff.

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 Employer.

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. They manage Pathway access and may assign both Pathway Roles and Organization Roles (because they are also Organization Administrators). They also manage Pathway assessment licenses (where applicable), all Pathway galleries content, Pathway analytics, and more. Pathway Administrators configure all Pathway settings, including Pathway steps and sub-steps settings, activities settings, and career coaching forms settings. The can create custom Pathway Roles and permissions. They can list and contact all people in the Pathway. Pathway Administrators automatically can see:

  • The user pathway profile of all people who join the Pathway, including their name, avatar picture (initials only, no option to replace with uploaded image), pathway progress, and recent activity.
  • All unassigned Pathway Participants, so that may assign Pathway Career Coaches and Pathway Resource Navigators to them.
  • All user pathway galleries content, including content added by Pathway Administrators, Pathway Career Coaches, Pathway Participants, Pathway Resource Navigators, and Pathway Employers.
  • All Pathway Participant career coaching forms content, including information submitted on the Pathway Participant Intake-Registration Form and Coaching Readiness Questionnaire.
  • All Pathway Participant evidence-based career profiles, including uploaded content such as cover letters, resumes, foundational assessment scores, honors & awards, letters of recommendation, references, training credentials, transcripts, career pathway maps, and more.
  • All notes and messages shared with and by Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators.

Pathway Administrators may require approval of Pathway Participant evidence-based career profiles before they are shared with Pathway Employers. Note: Because Organizations operating the 7-Step Career Pathway Model® may require continued access to user pathway content if the program is discontinued, and for compliance and other reporting purposes, Pathway Administrators have access to all Pathway content and may download, share, and remove Pathway content at any time.

Pathway Career Coaches are people who provide Evidence-Based Career Coaching (“EBCC”) to Pathway Participants and guide Pathway Participants through the steps of the 7-Step Career Pathway Model®. Pathway Career Coaches do not have Pathway management permissions. They do not manage Pathway access or create/assign Pathway roles, they do not manage Pathway assessment licenses, and they do not configure Pathway settings. They can list and contact all people in the Pathway. Pathway Career Coaches automatically can see:

  • The user pathway profile of all people who join the Pathway, including their name, avatar picture (initials only, no option to replace with uploaded image), pathway progress, and recent activity.
  • All unassigned Pathway Participants, so that may assign themselves as Pathway Career Coach to them.
  • All user pathway galleries content, including content added by Pathway Administrators, Pathway Career Coaches, Pathway Participants, Pathway Resource Navigators, and Pathway Employers.
  • All Pathway Participant career coaching forms content, including information submitted on the Pathway Participant Intake-Registration Form and Coaching Readiness Questionnaire.
  • All Pathway Participant evidence-based career profiles, including uploaded content such as cover letters, resumes, foundational assessment scores, honors & awards, letters of recommendation, references, training credentials, transcripts, career pathway maps, and more.
  • All notes and messages shared with and by Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators.

Pathway Career Coaches may be required by Pathway Administrators to approve Pathway Participant evidence-based career profiles before they are shared with Pathway Employers.

Pathway Resource Navigators are people who provide support services to Pathway Participants. This could include transportation assistance, childcare, elder care, etc. Pathway Resource Navigators do not have Pathway management permissions. They do not manage Pathway access or create/assign Pathway roles, they do not manage Pathway assessment licenses, and they do not configure Pathway settings. They can list and contact all people in the Pathway. Pathway Resource Navigators automatically can see:

  • The user pathway profile of all people who join the Pathway, including their name, avatar picture (initials only, no option to replace with uploaded image), pathway progress, and recent activity.
  • All unassigned Pathway Participants, so that may assign themselves as Pathway Resource Navigator to them.
  • All user pathway galleries content, including content added by Pathway Administrators, Pathway Career Coaches, Pathway Participants, Pathway Resource Navigators, and Pathway Employers.
  • All Pathway Participant career coaching forms content, including information submitted on the Pathway Participant Intake-Registration Form and Coaching Readiness Questionnaire.
  • All Pathway Participant evidence-based career profiles, including uploaded content such as cover letters, resumes, foundational assessment scores, honors & awards, letters of recommendation, references, training credentials, transcripts, career pathway maps, and more.
  • All notes and messages shared with and by Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators.

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. Pathway Participants work with Pathway Career Coaches and Pathway Resource Navigators to successfully complete the Pathway. In order to join the 7-Step Career Pathway Model® at an Organization, Pathway Participants must share some information about themselves with Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators:

  • Pathway Participants must share their user pathway profile with their name, avatar picture (initials only, no option to replace with uploaded image), pathway progress, and recent activity with Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators. Other Pathway Participants and Pathway Employers cannot see Pathway Participant user pathway profiles.
  • Pathway Participants must share all of their user pathway galleries content with Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators. Other Pathway Participants and Pathway Employers cannot see Pathway Participant user pathway galleries content.
  • Pathway Participants must share all of their career coaching forms content, including intake-registration form content and coaching readiness questionnaire content, with Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators. Other Pathway Participants and Pathway Employers cannot see Pathway Participant career coaching forms content.
  • Pathway Participants must share all of their evidence-based career profiles, that may include uploaded content such as cover letters, resumes, foundational assessment scores, honors & awards, letters of recommendation, references, training credentials, transcripts, career pathway maps, and more with Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators. Other Pathway Participants cannot access Pathway Participant career profiles content. Pathway Employers cannot access career profiles until they are shared with them by Pathway Participants. Pathway Participants can remove access to their career profile from Pathway Employers at any time.
  • Notes and messages shared with and by Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators are visible to all Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators to ensure redundancy and uninterrupted provision of services.

Pathway Employers are people seeking to hire Pathway Participants. These likely are employers interested in pursuing evidence-based talent practices. Pathway Employers receive evidence-based career profiles from Pathway Participants who share their career profiles with them. Pathway Participant career profiles may require approval by Pathway Career Coaches before they are transmitted to Pathway Employers. Pathway Employers configure career profile settings and preferences to ensure they receive pre-defined content. Pathway Employers can list and contact Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators; however, they cannot list and contact other Pathway Employers or Pathway Participants.
Pathway Employers cannot see anything a Pathway Participant has completed on the Pathway, except for the finalized career profile shared by the Pathway Participant and approved by the Pathway Career Coach. For clarification, a Pathway Employer may or may not be an Organization Partner. All notes and messages shared with and by Pathway Administrators, Pathway Career Coaches, and Pathway Resource Navigators are not visible to Pathway Employers.

3. Registration

In order to access and use certain areas or features of the SkillsFirst, you will need to register for a SkillsFirst account and join an Organization on the Network. 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 Content (as defined in Section 7) 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 and Organization Staff, Organization Collaborators, Organization Guests, and Organization Partners, and if you have joined the Pathway at an Organization, to electronic communications from Pathway Administrators, Pathway Career Coaches, Pathway Resource Navigators, and, provided you have chosen to visible to them, Pathway Employers (e.g. potential employers, education or workforce institutions, or other verified partners) 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 for connections 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 connect or to communicate with other Users but the benefits you may garner from your use of the Services may be reduced.

4. License to Access and use of the Network and Content

Unless otherwise indicated in writing by us, the Network and all content and other materials contained therein, including, without limitation, the OptimalResume logo and all designs, text, graphics, pictures, information, data, software, 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 Content (as defined in Section 7) and these Terms do not give you any rights in the User 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 Network and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the SkillsFirst Network or Content in your Space under these Terms, or any other rights thereto other than to use the Network 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 Content (other than your own), (b) distribute, publicly perform or publicly display any Content or User Content (other than your own), (c) except as expressly permitted by these Terms modify or otherwise make any derivative uses of the Network 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 or Content, except as for intended career development, learning, career networking, or job search purposes, (f) use the Network 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 or servers or networks used in connection with the Network; or (h) use the Network 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 on SkillsFirst to create customized documents specific to you.

Any use of the Network or Content or User 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.

5. Trademarks

The SkillsFirst logo, and any other OptimalResume product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Network, 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 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.

6. Privacy Compliance

Privacy and Data Protection

All participating entities and individual Users in the Network and in this SkillsFirst pilot program must be resident and present in the United States, and/or in the case of operating certain programs in the Network, a particular geographic region of the United States. In particular, individuals who are residents of or located in the European Union are not eligible to participate in this SkillsFirst pilot program inasmuch as this SkillsFirst pilot program has not been designed to be undertaken consistent with the requirements of the General Data Protection Regulation (“GDPR”). If you are a resident of or located in the European Union, you may not create an account and should inform the Organization that recommended your participation in this SkillsFirst pilot program that you are not eligible to participate.

OptimalResume is committed to processing and protecting the personal data collected through use of the Network in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data. 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. 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 will decide 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 SkillsFirst Privacy Policy located at [https://optimalresume.com/privacy].

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 Network where it is legally compelled to do so.

How We Protect Your Information

We implement a number of security features to help ensure that your information is safe:

  • We use accepted industry technologies when transferring and receiving customer data exchanged between OptimalResume and third parties to ensure its security.
  • User data may be stored on servers 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/.

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.

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, processing, storage, and disclosure of your data in our Privacy Policy located at [https://optimalresume.com/privacy].

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@optimalresume.com. Additionally, you may withdraw your consent to receive electronic communications via e-mail from Organization Staff, Organization Collaborators, Organization Guests and Organization Partners, but such Users may continue to post general Content to the Network that is not directed specifically to you. If you have joined the Pathway at an Organization, you may withdraw your consent to receive electronic communications via e-mail from Pathway Career Coaches, Pathway Resource Navigators, and Pathway Employers. If you withdraw your consent, Organization/Pathway Administrators may continue to communicate with you to the extent necessary to manage your User account in SkillsFirst.

Contact information

To exercise any relevant rights, ask questions, or make a complaint, please contact OptimalResume via support@optimalresume.com.

7. User Content

You are solely responsible and liable for all data, information and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Network. 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 third party of information made public through the Network.

You agree that you will not, directly or indirectly:

  • Transmit any User 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;
  • Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Network.
  • Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Network at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Network at your sole cost and expense.

8. Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Network or to our pages, you hereby grant OptimalResume a nonexclusive, royalty-free, worldwide, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User 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 SkillsFirst Privacy Policy at [https://optimalresume.com/privacy].

You acknowledge and agree that OptimalResume may disclose or use any User Content that you Transmit for the following purposes: (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 Content violates the rights of third parties; or (d) protecting the rights or property of OptimalResume, its customers or the public.

9. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about OptimalResume, the Network, or our Services (collectively, "Feedback"). Feedback is nonconfidential and, to the maximum extent permitted under applicable law, you agree that OptimalResume shall have the non-exclusive, perpetual, worldwide, irrevocable, transferable, and fully sublicensable right and license to use and incorporate into its service offerings, any Feedback, including, without limitation, all intellectual property rights, in and to such Feedback gained as a result of your use and evaluation of the Services, without acknowledgment or compensation to you.

10. Linked Sites

We have not reviewed all of the websites linked to the Network and are not responsible for the content of any third-party pages, any Organization pages that are external to the Network, or any other websites linked to the Network, or any products or services offered by third parties linked to the Network. Nothing in the Network, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by OptimalResume. 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. 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.

11. Terms of Individual Subscriptions

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@OPTIMALRESUME.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]”

12. 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.

13. 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.

14. 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.

15. Indemnification

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 Content that you Transmit to or through the Network, 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.

16. 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 NETWORK; (B) THE NETWORK CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE NETWORK. 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 SKILLSFIRST WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE NETWORK, YOUR SPACE, SERVICES, OR THE SERVER THAT MAKES SKILLSFIRST 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 NETWORK AND SERVICES IS AT YOUR SOLE RISK. THE OPTIMALRESUME PARTIES DO NOT WARRANT THAT YOUR USE OF THE NETWORK 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 NETWORK AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SKILLSFIRST AND SERVICES. WE DO NOT CONTROL OR DIRECT WHAT OTHER USERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEY SHARE (INCLUDING 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). 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.

17. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK 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."

18. 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.

19. Modifications to SkillsFirst 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.

20. 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 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.

21. Governing Law and Jurisdiction

OptimalResume operates the Network 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, if any, and by any other means permitted by law.

22. 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. Please report any violations of these Terms to OptimalResume at the contact listed above.

23. 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.

24. 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.

25. Miscellaneous

These Terms constitute the entire agreement between you and OptimalResume relating to your access to and use of the Network 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.

26. Procedure for Making Claims of Copyright Infringement

We expect users of the Network to respect the intellectual property rights of others. If you believe in good faith that any of the content on SkillsFirst 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;
(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 729
Pittsboro, NC 27312
legal@optimalresume.com
+1 (877) 998-7654