Terms of Use

A. Resume Posting

We provide resume and curriculum vitae building services and tools. In addition, our “Resume Posting Services” may facilitate the posting of your resume or a career profile on various third-party sites. If you sign up for our Resume Posting Services, you agree that we will use proprietary web-based information gathering tools to create a career profile for you. You further agree that the wording and interpretation of your information for purposes of Resume Posting Services will be in our sole discretion, and we will not be liable for any decisions to include, not include or phrase information about you as part of the Resume Posting Services. You understand, and consent to, that prior to posting your career profile or resume on a third-party career site, Provider will be accepting terms and conditions of use and privacy policies, and other policies that it might be prompted to accept, on these third-party sites. By using our Resume Posting Services you’re accepting full and total responsibility for the actions Provider performs on your behalf and at your request as if you had performed those actions yourself. You further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from your use of the Resume Posting Services.

Provider may also offer job posting and resume submission features as part of the Service in certain locations or jurisdictions. These features may be used only by individuals seeking employment and/or career information. In the same vein, certain Provider services may only be used by employers seeking employees.

Depending on your location or jurisdiction, Provider may provide job alerts or may use third parties and automated search engines to provide job alerts, matching employment opportunities found on third-party job searching sites with your resume or career profile, job search requests submitted by you, and/or other usage data relating to your use of the Service. Provider tries to match the information available to ensure employment opportunities presented to you in job alerts match the type of career opportunities desired by you but Provider makes no guarantee that you will receive career opportunities or the job alert leads you desire.

B. Resume Parsing

Provider may also offer additional services that may help you in your application process, such as tracking your resume and facilitating the transfer and interpretation of your resume data by the third-parties involved in your application process (“Resume Parsing”). Upon downloading your resume, you agree that Provider may include a metadata and an identifier into your resume and share it with third-parties such as parsing companies, applicant tracking systems (ATS), and employers for the purpose of facilitating your application process and allowing such third parties, through technology, capture your data, process it, and deliver it to the prospective employer to whom you have submitted a job application.

To see if the link on you resume has been clicked, please go to your Resume Analytics panel in your Account. Your Resume Analytics panel may give you data regarding your Resume Parsing activities, which may include (when available) the number of times your resume has been ‘parsed’, dates, and location. Note that all of this information may not always be available. Due to privacy, we may not be able to give you the name of the person, entity or third party who is parsing your resume, unless such person agrees to disclose its name. We do not guarantee the accuracy of the information on your Resume Analytics panel, nor the time or the location displayed on your Resume Analytics panel, as some people may be using blockers or VPNs to avoid tracking technologies such as the one in your Resume Parsing service. Each time the third party performs a parsing function over your resume, such activity will be automatically featured on the Resume Analytics panel and will show the user with the total number of parsing activities for your unique downloaded resume, which carries a specific document id. Your resume may be parsed multiple times within a single application process. Therefore, note that the number of parsing activities in your Resume Analytics panel may be triggered by the same third party and may not be indicative that different third-parties or employers have parsed or viewed your resume. You may download multiple resumes to capture a unique ID on each one enabling you to track the activities of each of such resumes.

We may also enable a notification system to notify you when your resume has been parsed, which we may do by email or text, should such service become available. Such notifications shall be made (when available) under the terms and conditions contained herein applicable to notifications to our Subscribers. You acknowledge that the actual time between a parsing activity over your resume and the time the notification is sent to you depends on a number of factors, including your wireless service and coverage within the area in which you are located at that time, and that such notices may be delayed, experience delivery failures, or face other transmission problems. Email notices may be affected by Internet outages and other problems impacting the transmission and receipt of email messages. Additionally, and if you choose to download a word version of your resume, we will be able to notify you through the Resume Analytics page each time such document is opened. This security functionality allows you to not only make sure you can track how many times your word document has been opened, but also from where. Note this information may not always be accurate as some people may be using blockers or VPNs to avoid tracking technologies such as the one in your Resume Parsing service.

You may always opt-out of the Resume Parsing services and from receiving these notifications. To opt-out please visit your Resume Analytics panel or contact customer service. The Provider makes no guarantee that you will receive career opportunities or that the notices of Resume Parsing services will meet your requirements.

Please remember that the Resume Parsing services will only become available if you download the resume from this Site and share your resume with third parties as part of your application process. The Resume Parsing service and any corresponding notice is not triggered by Provider and is only triggered upon your direct sharing of your resume with third-parties that are enabled with the parsing technology necessary to process the Resume Parsing services. That said, note that not all employers nor ATS are equipped with Bold’s proprietary technology and therefore, you will only receive notice only from those employers and ATS that have the Resume Parsing technology integrated in their systems. Our Resume Parsing technology accuracy will be dependent on the capabilities of the technology that the third-party has enabled in their systems to upload and read your resume. Therefore, Provider cannot guarantee that these third-parties receiving your resume will have the capabilities necessary to enable a 100% accuracy when processing your resume. By sharing your resume with third parties, you do so at your own risk.

C. Digital Resume and public Resume Database

1. Digital Resume

Provider may offer digital resume services that allow you to create an online digital resume (“Profile”) using either your existing resume data or by creating a Profile from scratch using our proprietary builder which, once published, will be available online and part of our online public digital resume database. Take advantage of this tool by creating multiple resumes and including unique web address identifiers (“Digital Resume IDs”) for each one; that way, you can keep better track of who has viewed your Profile and see the details on your Analytics page.

If you create a Profile, you agree that we will use the information you provide us to create a digital version of your resume, which once you agree to publish it, will be publicly available. Third parties may get access to your Profile by multiple routes, either by your direct sharing of your Profile link, by performing searches in publicly available search engines, such as Google, Bing, or through our publicly available resume database. Provider will not be responsible for claims or takedowns of your Profile if it’s featured on a third party site, since we do not have control over that content.

When you create your Profile you also agree to have your data transferred to any of our affiliate websites or third parties. This will enable us to provide you with our services and, as part of it, make your profile more visible. Visit your Settings page at any time to change your privacy preferences.

Your Resume Analytics panel will give you all the data regarding your Profile, which may include (when available) the number of visits, visit dates, location of the visitor, source, and the number of contact requests received in the last 30 days. Note that all of this information may not always be available. If you search for a Profile, the Profile owner may be able to see your name in the Analytics panel and your general location (i.e. city and state). We do not guarantee the accuracy of the information on your Analytics panel, nor the location of the person looking at your Profile, as some people may be using blockers or VPNs to avoid tracking technologies such as the one in your Profile. Also, each time a third party visits your Profile, the visit will be automatically featured on the Analytics panel and will provide the user with the total number of visits grouped based on the following characteristics: source, country, city, and timestamp. If the “Include your Digital Resume link” option is enabled for a specific resume, the visits that get attributed to each link will be featured on the resume Analytics panel, along with the Digital Resume unique ID they came from. By default, when your Profile gets published you will be given a web address with a unique identifier that will allow us to track and gather the above data, your resume will then be automatically made part of our resume database. This tool will help your Profile get more visibility. However, and although we do our best efforts to provide you with accurate information, we do not guarantee the accuracy of any of the above tracking data or statistics displayed on your Analytics panel.

Your Profile will include the information you provided and agreed to publish, as well as a contact form that enables anyone to request to contact you. WE WILL NOT DISCLOSE YOUR CONTACT DATA TO ANY THIRD PARTIES. However, we have no obligation to pre-screen information provided by you, this means that if you decide to include your contact data in any section of your Profile, it will be published and publicly available to everyone. Each time a third party visits your Profile and issues a contact request, we will send you an email notification with the contact data and message left by the third party (“Sender”). If you choose to continue the communications with the Sender, you do so entirely at your own risk. Your communications with the Sender are not under Provider’s control, and you acknowledge that the Provider is not responsible for any aspects of the content/information you receive from the Sender.

If you elect to use our digital resume tool, you understand that (a) your Profile will be available for anyone, including third parties, and (b) your communication with such third-party will be at your own risk. The Provider does not make any representations or warranties as to the security of any information you might be requested to give the Sender, and you irrevocably waive any claim against us concerning such communication and from the use of the Profile. The Provider makes no guarantee that you will receive career opportunities, or the job alert leads you desire, nor that the communications received from the Sender will meet your requirements. The Provider is not responsible for any messages or hyperlinks embedded in messages obtained from the Sender. Under no circumstances will Provider be liable for any loss or damage caused by your reliance on the information from the Sender or your communication with the Sender. The Provider makes no effort to review any contact request from the Sender for any purpose, including accuracy, legality, or non-infringement.

As Sender, you acknowledge that Provider has no obligation to pre-screen information provided by you through the contact form. However, Provider reserves the right in its sole discretion to pre-screen, refuse, or remove any information. By using the contact form on the Profile you are agreeing to these Terms, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of the information (including your name, surname, contact data) provided through the contact form. As Sender, you are requested to provide true and accurate data in the contact form. You must not provide the data of an individual other than yourself. We will send a copy of the information provided in the contact form to your email address. If Provider pre-screens, refuses or removes any information provided through the contact form, you acknowledge that Provider will do so for Provider’s benefit, not yours. Furthermore, you understand that the Provider does not guarantee the user will respond to your contact request.

You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that you are responsible for all material or information you send. Furthermore, you are obliged to refrain from transmitting any commercial, advertising, or promotional materials, or use the digital resume for commercial purposes. We require that you do not provide any content that violates any law or may be considered to violate any law. You are obliged to abide by all the applicable law, as well as you agree to abide by these Terms, and in particular obligations set out in sec. 7 of these Terms.

As part of creating your Profile, you may be offered an option to be featured on other Profiles that share some of the same qualifications, job experience, or titles “Similar Profiles”. You can change your preferences at any time, and we will no longer feature your Profile on other Profiles. We do not guarantee that you will be featured on any Profile. You can come back at any time to set your preferences. Please refresh your browser if you don’t see your changes applied or contact our Customer Service team.

ANY COMMUNICATION WITH THE SENDER WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS. PROVIDER GROUP (DEFINED IN SECTION 18) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF THE DIGITAL RESUME OR PROFILE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Please note that the cancellation of your subscription will not result in the unpublishing of your Profile from the public resume database. Your Profile may be removed by deleting your Account. You can manage your Profile privacy settings by logging into your Account. You can edit your Profile content and design within the constraints of the feature as well as manually publish and unpublish your Profile. Please note that with the Profile unpublishing, the contact form feature, as well as the tracking feature will be automatically disabled, and your Profile won’t be accessible to third parties. When you request that your Account be deleted, your Profile will no longer be visible on the public resume database. However, once your information is disclosed on Profile, it may have been already previously accessed, stored, and/or copied by others, and therefore, we are unable to delete the information from their systems. By sharing your Profile with third parties, you do so at your own risk. Once your Profile is published, we have no control over your publicly available data.

2. Resume Database

Provider may offer as part of the service publicly available searchable database to which anyone can have access. When you decide to publish a Profile you will be automatically included as part of the database and your Profile will be searchable by anyone unless you actively opt-out. We will not show your address, phone number, or email address unless you have agreed to make this information available.

Provider is not obligated to make available any information on the Profile and can remove it at any time without notice. You can change your privacy setting at any time by logging into your account and clicking on My Settings. Provider has no control over how third parties will use the information publicly visible on the database and you agree to share it at your own risk. Our searchable database will provide aleatory results depending on the job title and location where potential employers are looking to hire. Results are based on a computer system that provides results that best match the words imputed on the search form. If you prefer to have your Profile private, please set your privacy preferences on your Settings page and we will remove your profile from all publicly searchable databases.

To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your use of Profile and its inclusion on our public resume database (or from your use of the Contact form if you are acting as a Sender).

The Service may include various bulletin boards, chat rooms, community pages, comments or chat features, or other forums (“Forums”) where you can post User Content, including, but not limited to, your observations and comments on designated topics and on others’ User Content. Provider cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it publicly on the Service. When you disclose information or rely on any information in the Forums, you do so at your own risk. Provider reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly or to comply with legal obligations or governmental requests. Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Provider neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Provider. Provider is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Provider be liable for any loss or damage caused by your reliance on the information in the Forums or posted User Content or your use of the Forums or User Content. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS.

From time to time, areas on the Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”). Sometimes Provider may incentivize users to participate in Invited Submissions. Where this is the case, please carefully read any Additional Terms that govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US MAY NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site. Provider may use such content and submissions as user testimonials.

15. Disclaimer Regarding Testimonials, Ratings and Social Counters.

The Service may contain testimonials and opinions (“Testimonials”) by users of our services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Service are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Service as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. For privacy purposes, photos or names added next to testimonials may not always represent the person giving the testimonial. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid in cash or compensated for their testimonials unless the testimonial is part of an incentivized Invited Submission.

Provider may display Site usage data to users “Social Proof”. This information is regularly kept up to date, but it may depend on third party tools that are not always in the Provider’s control. In some cases, and for confidentiality and privacy purposes, Social Proofs may be displayed along with a disclaimer which may include further details on how the number was calculated.

Ratings displayed by third party tools are not controlled by Provider and they may be shown as part of an API integration or posted as designs that are reviewed for accuracy and correctness. Provider works hard to maintain the most accurate data but sometimes we depend on third party systems which we may not control.

16. Copyright and Infringement Notification Policy.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone else’s intellectual property rights.

a) Submitting a Notification for Removing Infringing Content. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law (including 17 U.S.C. § 512 Digital Millennium Copyright Act (“DMCA”)). If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement at either:

Attn: BOLD LLC, DMCA Designated Agent,
City View Plaza II, Ste 6000
48 Road 165
Guaynabo, Puerto Rico 00968,
or at,
Email: legal@bold.com.

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

b) Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

c) Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.

Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

17. User Interactions and Release.

You are solely responsible for your interactions with other users of the Site and any other parties with whom you interact through the Site. If you have a dispute with one or more users (including merchants), you hereby release the Provider Group (defined in Section 18) from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, you waive California Civil Code §1542, which says: “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 SETTLEMENT WITH THE DEBTOR.”

18. Disclaimer of Warranties.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.

19. Limitation of Liability.

THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

20. Indemnity.

To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto Provider’s servers, and/or from any and all use of your Account.

21. Investigations.

Provider reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Provider may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Provider may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Provider believes, in its sole discretion, that a violation of these Terms has occurred, it may take any corrective action it deems appropriate, as permitted by applicable law. Provider will fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PROVIDER GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PROVIDER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PROVIDER GROUP OR LAW ENFORCEMENT AUTHORITIES.

22. Third-Party Sites.

The Service may link you to other sites on the Internet that may or may not be affiliated with Provider. These sites may contain information about job opportunities, employers, interview products, job candidates or material that some people may find inappropriate or offensive. These other sites are not under the control of Provider, and you acknowledge that (whether or not such sites are affiliated in any way with Provider), Provider is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Provider or any association with its operators. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site and (b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party provider(s). Provider does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.

Provider may also partner with third party sites (i.e. BigInterview) to provide additional services as part of your subscription. These services may or may not be free to use and Provider reserves the right to charge additional fees to Subscribers to allow access to such third party tools. Once the User leaves Provider’s site and access the third-party site, Provider may not be able to support such third-party site usage, and user may need to contact the third-party customer service for support, if needed. Provider’s customer service may take reasonable steps to help the Subscribers, but they may be redirected to the third-party site for further support. The data that you share with the third-party is not under Provider’s control and it’s shared by you in compliance with the third party Privacy Policy and at your own risk. Cancellation of your subscription may also cancel access to the third-party services.

23. Governing Law.

You and we each agree that the Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with U.S. federal law as contemplated by the Terms and to the fullest extent permissible. To the extent state law applies to any matters arising under or related to the Terms, or to claims or disputes arising thereunder, the law of the state of New York will apply, except as specified in this Section 23 below.

Section 24 of these Terms, which contain an arbitration agreement and class action waiver, are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) and other applicable federal law, including the FAA’s procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. To the extent state law applies to any disputes and claims that are subject to the binding arbitration agreement and/or class action waiver in Section 24, the law of the state of New York will apply.

For claims or disputes arising under or related to the Terms that involve financial transactions processed by Auxiliant S.à.r.l, the laws of Luxembourg shall apply. For any claims or disputes that are not within the jurisdiction of any small claims court, and are not subject to the arbitration agreement in Section 24 of these Terms, You and we consent to the jurisdiction of the courts of New York and Luxembourg.

These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

24. Binding Arbitration Agreement and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER.

Scope of the Arbitration Agreement. You and we each agree that, except as provided below, any dispute, claim, or controversy relating in any way to or arising in any way out of the Terms, the Provider’s services, or the Provider’s products, including the Service, and any use (or lack of use) or access (or lack of access) thereto, or purchase from the Provider (collectively, “Dispute”)—irrespective of when that Dispute arose—whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration, rather than in Court. You and we thereby agree to waive any right to a jury trial, and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. “Dispute” will be given the broadest possible meaning allowable under law.

1. Informal Dispute-Resolution Process: Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice to the other party, as specified below, describing the facts and circumstances relating to the Dispute (including any relevant documentation). You must send any notice to legal@bold.com or to the U.S. mailing address listed in the “Contact Us” section of these Terms. Any notice we send to you will be sent to the most recent contact information that you provide us. If no such information exists or if such information is not current, we have no obligation under this section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and the Provider will attempt in good faith to resolve the Dispute, though nothing will require either you or the Provider to resolve the Dispute on terms that either you or the Provider, in each of our sole discretion, find unacceptable. Both you and the Provider agree that this Informal Dispute-Resolution Process is a condition precedent which must be satisfied before the initiation of arbitration against the other party.
2. Arbitrating Disputes: After the Informal Dispute-Resolution Process, any remaining Dispute will be resolved through binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If arbitration before JAMS is unavailable or impossible for any valid reason, any Dispute remaining after the Informal Dispute-Resolution Process will be conducted by, and according to, the rules and regulations then in effect of the American Arbitration Association (AAA). Either Party may initiate arbitration of a Dispute upon completion of the Informal Dispute-Resolution Process for that Dispute. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all Disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms of Use, including, but not limited to, any claim (except as explicitly outlined below) that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable. If any party disagrees about whether any portion of this Section 24 can be enforced or whether it applies to the Dispute, the parties agree that the arbitrator will decide that Dispute. Notwithstanding the foregoing, the parties agree that any issue concerning the validity of the class action waiver contained in this arbitration agreement must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and the Provider understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.Unless you and the Provider agree otherwise, including to conduct the arbitration by telephone or videoconference or to have the arbitrator decide the Dispute without a hearing, any arbitration brought by or against a User who lives in the United States shall take place in-person in the User’s hometown or in New York, NY, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in New York, NY.Arbitration will be handled by a single arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Provider are each waiving the right to trial by jury or to participate in a class action or class arbitration.

• Exceptions: Notwithstanding the arbitration agreement in this Section 24, you and the Provider agree that the following types of Disputes will be resolved in a court of proper jurisdiction, unless both you and the Provider agree to submit the Dispute to arbitration pursuant to the procedures in this binding arbitration agreement:
  1. Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as the action or proceeding is brought and maintained as an individual action or proceeding and not as a class, representative, or consolidated action or proceeding;
  2. Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
  3. intellectual property Disputes.

  Any litigation in court of the foregoing types of Disputes (except for small claims court actions) may be commenced only in a federal or state court located within New York, NY, and you and the Provider each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of Disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and the Provider agree that the Dispute is subject to the class action waiver provision set in this Section 24.

• Costs of Arbitration: Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Provider will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and the Provider will not pay your attorneys’ fees or expenses except to the extent ordered by the arbitrator. For the avoidance of doubt, in cases where a statute give you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute. In the event the arbitrator determines the Dispute you brought to arbitration is, in whole or in part, frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse the Provider for all fees associated with the arbitration paid by the Provider that you otherwise would have been obligated to pay under the JAMS Rules. In determining whether a Dispute is frivolous, in whole or in part, the arbitrator may consider whether the Provider has offered you a full refund of the sum you paid to the Provider for services provided by the Provider or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, the Provider will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction.
• Opt-Out: You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to:

  BOLD LLC
  City View Plaza II, Suite 6000
  Guaynabo, PR 00968
  United States of America

  The notice must be sent to the Provider within thirty (30) days of your first agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver provision, the class action waiver still applies. You may not opt out of only the class action waiver provision and not also the arbitration provisions. If you opt-out of the arbitration provisions, or if you opt out of both the arbitration and the class action waiver provisions, the Provider will also not be bound by them.

• WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS:To the fullest extent permitted by applicable law, you and the Provider each agree that any proceeding, whether in court or arbitration, to resolve any Dispute will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Provider AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Provider EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM (whether arbitration, court, or otherwise). If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Provider agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver contained herein does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise authorized by law.IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this Section 24(f) are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
• Miscellaneous. We will provide notice of any material changes to this binding Arbitration Agreement and/or class action waiver (which may be satisfied by updating these Terms of Use, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Other than with respect to the class action waiver, as set forth above, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this binding Arbitration Agreement, including whether any Dispute falls within its scope.In the event that the arbitration agreement and/or class action waiver in this Section 24 is for any reason held to be unenforceable, any litigation against us (except for actions in small claims court) may be commenced only in a federal or state court located in New York, NY, and you and the Provider each consent to the jurisdiction of those courts for such purposes. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that, unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
• Non-Us Residents. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of this Section 24(h) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. For a period of sixty (60) days from the date of receipt of notice from the other party, Provider and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Provider to resolve the Section 24(h) dispute on terms either you or Provider, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

25. Local Regulations.

Provider makes no representation that Materials or other content on the Service are appropriate or available for use outside of the United States of America, and if accessing the Service from outside the United States, then Provider makes no representation that Materials or other content on the Site are appropriate or available for use from your current location. Provider may have certain localized websites available to you in the United Kingdom, Canada, France, Belgium, Switzerland, Italy, Germany, Australia, New Zealand, the Netherlands, Poland and Spain, and their territories, possessions and protectorates, and others, but makes no representation as to availability and appropriateness of the Service in such jurisdictions. If you choose to access the Service from other locations outside the United States, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable.

26. Electronic Communications.

The communications between you and Provider may be made through electronic means, whether you visit the Service or send Provider emails, or whether Provider posts notices on the Service or communicates with you via email. We will communicate with you using various types of electronic communication channels, including e-mail, also by posting messages or messages on the website or as part of other website functionalities, such as the Dashboard. For contractual purposes, you (1) consent to receive communications from Provider in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Provider provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

27. California Residents Notice.

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Service is provided BOLD LLC. If you have a question or complaint regarding the Service, please contact Customer Service at support@bold.com. You may also contact us by writing us at BOLD LLC, City View Plaza II, 48 Road 165 Suite 6000, Guaynabo, PR 00968, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.

28. General.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Provider relating to the matters contained here and the Site.

29. Contact Us.

The Site is controlled and operated by Provider. Whether you access the services through any of our internet properties or family Sites you may contact Provider using the information provided herein. Please forward any comments or complaints about the Site to support@bold.com or write to BOLD LLC, City View Plaza II, Suite 6000, Guaynabo, PR 00968, United States of America or to Auxiliant S.à.r.l, 1A, rue Thomas Edison, L-1445 Strassen, Luxembourg.