These Terms were last revised on June 30, 2022.

Welcome to The Job Helpers. This page constitutes the terms and conditions under which you may access thejobhelpers.com (the “Site”) and use the information contained therein (the “Services”). Please read these terms and conditions of use (“Terms”) carefully before using the Site or services available from or through it. The Site is owned and operated by The Job Helpers (referred to as the “Organization”). “You” are the person or entity using the Site.

You understand that by purchasing The Job Helpers.com, using the Site (including any content provided therein), Services, or your account, or posting any content on the Site, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms, and your Agreement to these terms will be treated as the Agreement of the business. In that event, “you” and “your” refer to that business.

Note: these terms and conditions contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights under these terms and conditions and concerning any disputes you may have with the job helpers. You may opt out of the binding individual Agreement to arbitrate as provided below.

RESPONSIBILITIES OF USERS

The Site may allow users to upload, post, and/or distribute user-submitted Content, and use of the Site for this purpose is subject to the following conditions:

You understand that all user feedback, graphics, messages, data, comments, suggestions, information, text, data, software, photographs, artwork, audio, video, and other Content of any nature (“Content”) that are transmitted to or via the Site are the sole responsibility of the person from which the Content originated. This means you, and not the Organization, are entirely responsible for the Content you transmit through the Site. Further, you understand that by using the Site you may be exposed to Content that is offensive, objectionable, or indecent.

You shall not upload to, distribute through or otherwise publish through the Site any Content which is obscene, threatening, indecent, libelous, defamatory, abusive, illegal, harassing, contain expressions of hatred, invasive of privacy or publicity rights, bigotry, racism, or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.

Your Content will not disparage in any manner the Organization, its Licensors, or their products, or services and sites. If we find that you have produced such Content, your account will be deactivated immediately and indefinitely.

Your Content shall not infringe the publicity/privacy right, copyright, trademark, or other intellectual property rights of any third party.

You shall not upload to the Site any Content that contains corrupt files, viruses or any other computer code, programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment.

AGREEMENT TO TRANSACTION ELECTRONICALLY

The Organization may keep records of any type of communication conducted (information is sent or received) via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses to receive electronic records or information of the type sent in a form capable of being processed by that system and from which the recipient can retrieve the electronic document.

ORDERING REQUIREMENTS

In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site or the ordering process. The Organization has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate, or incomplete. You must be age 18 or older to register for the Site. When entering the Site, you acknowledge that you are age 18 or older.

INTERVIEW GUARANTEE

Regarding The Job Helpers guarantees, if you are not receiving 4 job interviews after submitting 10 job applications, once you receive your final copies, we will rewrite your resume 5 times a month free of charge, provided that you notify us in writing within 60 days of receiving your final copy considering the Content is not changed, altered, removed, or fabricated. Only specific packages are eligible for our guarantee.

REFUND POLICY

The Job Helpers provides a professional resume writing service, and all sales are final. There is no trial or grace period after purchasing the resume-writing service. Like any writing project, there will be multiple drafts and revisions. The Job Helpers’ writers and staff will work with you throughout the revision period until you receive 4 interviews out of 10 job applications submitted. As a result, there are no refunds once you purchase the resume-writing service.

LIMITED NON-COMMERCIAL LICENSE TO USE SITE

The Organization grants you the limited right to view and use the Site only to access information for career purposes. The Organization reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in the section entitled Termination or Cancellation of Site Access.

Modifications to Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Organization. No portion of this Site is targeted to children, and any minor should seek the consent of their legal guardian before using this Site. Unless you have received specific written permission from the Organization, you may not (a) “frame” or otherwise impose editorial comment, commercial material, or any information or Content on, or in proximity to, Content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

COPYRIGHTS AND TRADEMARKS

Except as expressly provided herein by these terms, neither the Organization, its affiliates, nor any third party has conferred upon you by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary rights to use the Site. No ownership rights are or will be assigned to you.

The trademarks, service marks, and logos used and displayed on the Site are the Organization’s registered and unregistered trademarks. The Organization is the copyright owner or authorized licensee of all text and graphics on the Site. All trademarks and service marks of the Organization, or its affiliates, that may be referred to on the Site are the property of the Organization. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. The Organization enforces all its intellectual property rights. Neither the name of the Organization nor any of the Organization’s other trademarks, service marks, or copyrighted Content may be used in any way, including in any advertising, hyperlink, publicity, or promotional Content of any kind, whether relating to the Site or otherwise, without the Organization’s prior written permission, except that a third party website that desires to link to the Site and that complies with the requirements of the Section entitled “Links From Third Party Sites” may use the name “The Job Helpers” in or as part of that link.

The Organization will not abide by copyright infringement and reserves the right to block, disable, or otherwise remove any content or Content uploaded to the Site and terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.

Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited unless specifically authorized by the Organization. Accordingly, no such content may be used on another website without express written permission from the Organization.

It is our policy not to permit Content we know to be infringing to remain on the Site. If you believe that any content on the Site infringes your copyright, please contact the Organization’s copyright agent, who can be reached as follows:

By mail: The Job Helpers, 931 Eaglewood Ave, West Fargo, ND 58078

By email: [email protected]

Please be sure to include the following information: (a) a description of the copyrighted work you allege infringement (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and email address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; (ii) you believe in good faith that the rights of the copyright owner infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

INDEMNITY

You agree to indemnify and hold the Organization, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your Content and your use of the Site, your violation of these Terms, or your violation of any third party’s rights including such party’s copyrights and trademarks.

WARRANTIES

Except if expressly provided otherwise in a written agreement between you and the Organization, the Site, services, and Content are provided to you “as is” and “as available” without warranty of any kind, unless such warranties are legally incapable of exclusion. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you. in such states, the liability of the Organization will be limited to the greatest extent permitted by applicable law. Except for the guarantee set forth above in the section titled “refund policy, ” the Organization gives no warranties or guarantees regarding the effectiveness or timeliness of the services in meeting your employment needs. The Organization does not guarantee that the services will result in you getting hired, positions filled, or employees retained. The Organization is not responsible or liable for any business, employment, hiring, salary, and other compensation decisions you make regardless of the reason.

RISKS

You agree to assume all risks that the site and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure, or error-free. Any applications downloaded or otherwise obtained through the Site are at your discretion and risk, and you are solely responsible for any damage to your computer or data loss.

DAMAGES

To the maximum extent allowed by law, you agree that neither the Organization nor any of the Organization’s officers, directors, employees, affiliates, agents, partners, and suppliers will be liable to you and any other person or entity for any direct, indirect, consequential, special, punitive or incidental damages (including but not limited to, lost profits, loss of privacy or for failure to meet any duty, including, but not limited to, any obligation of good faith, lack of negligence or professional effort) whatsoever that may arise out of or be related to the Site, services, and Content and any related information, or any breach of these terms, even if the Organization has been advised of the possibility of such damages and even in the event of a fault, tort (including negligence) or strict or product liability. Some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitations may not apply to you. In such states, the detriment of the Organization will be limited to the greatest extent permitted by applicable law.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

You agree that your sole remedy for any breach of these terms by the Organization, or any of the Organization’s, affiliates or agents shall be, at the Organization’s option, (1) substitution or replacement of all or part of the application or product that gives rise to damages incurred by you in reasonable reliance on the organization/ rewriting your resume again free of charge up to 5 times; or (2) refund of the amount that you paid to the Organization you agree that the damage exclusions in these terms shall apply even if any remedy fails of its essential purpose.

REPRESENTATIONS

You represent and warrant for the benefit of the Organization and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that:

(a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms

(b) all information submitted by you to the Site is true and accurate

(c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms

(d) you are the owner of the Content, and they are original to you

(e) the Content does not infringe any third-party right, such as copyright, trademark, and publicity/privacy right

(f) the Content does not constitute defamation or libel or otherwise violate the law

(g) you agree to defend, indemnify, and hold the Organization (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).

INTERNATIONAL USAGE

This Site is controlled and operated by the Organization from its offices within the United States of America. The Organization makes no representation that the Site, Services, or any related information offered by the Organization are appropriate or available in other locations. The GDPR and our Privacy Policy protect those who access the Site from within the EU. Those who choose to access the Site from other locations do so on their initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country where you reside (if different from the United States). You may not use or export the Services on the Site violate U.S. export laws and regulations.

LINKS TO THIRD-PARTY SITES

The Site contains links to third-party sites that are not under the control of the Organization, and the Organization is not responsible for any content on any linked site. The Organization provides links only as a convenience, and the link’s inclusion does not imply that Organization endorses or accepts any responsibility for the Content on those third-party sites. If you access a third-party site from the Site, you do so at your own risk. Additionally, your participation in promotions of advertisers found on the Site, including payment and delivery of services and any other terms (such as warranties) are solely between you and such advertisers. You agree that Organization shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

LINKS FROM THIRD-PARTY SITES

A third-party website that links to the Site: if a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with the Organization. In most cases, the Organization is unaware that a third party has linked to the Site.

(a) may link to, but not replicate, the Organization’s Content

 (b) may not create a browser, border environment or frame the Organization’s Content, (c) may not imply that the Organization is endorsing it or its products or services

(d) may not misrepresent its relationship with the Organization

(e) may not present false or misleading information about the Organization’s Services

(f) should not include Content that could construe as distasteful, offensive, or controversial

(g) should contain only Content that is appropriate for all age groups

CONTENT SUBMISSION AND FEEDBACK

Unless you enter into a separate written agreement with the Organization, the Organization does not claim ownership of the Content you submit. However, by submitting Content in any form to the Organization, in addition to other provisions of the Terms, you automatically grant Organization a royalty-free, worldwide, irrevocable, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Content to display and promote the Content on any website operated by, and in any related marketing content produced by, the Organization and its affiliates.

The Organization owns all rights in any form, media, or technology incorporating the Content. Upon your payment, the Organization grants you an express, non-exclusive, non assignable, and non-sublicensable right and license under Organization’s intellectual property to use any content drafted by the Organization specifically for you. This license is limited to personal and non-commercial uses by you.

We hold the right to use all comments, feedback, and ratings about our services for marketing purposes. Suppose feedback, ratings, and comments are used in the Organization’s marketing content. In that case, we hold the right to use first and last names along with the titles and the new company you will be employed for our purposes and will keep all other personal information confidential.

AMENDMENTS

You agree that the Organization may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Organization to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration and refrain from using the Site or using or ordering after that date. No other amendments will be valid unless they are in a paper written and signed by the Organization and you.

NOTICES

Unless expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Organization by postal mail to: 931 Eaglewood Ave, West Fargo, ND 58078, or as to a successor address that the Organization makes available on the Site or through another reasonable manner. If applicable law requires that Organization accepts email notices (but not otherwise), you may send the Organization email notice using the Organization’s FAQ form [email protected]. Concerning Organization’s notices to you, Organization may provide information on amendments by posting them on the Site, and you agree to check for changes. Instead of or in addition, the Organization may give notice by emailing the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER.

Please read the following carefully. It affects your rights.

You and The Job Helpers each agree that any disputes or claims that have arisen or may arise between you and The Job Helpers shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Most problems encountered can be resolved quickly and to a user’s satisfaction by contacting us at [email protected].

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and by agreeing to arbitration, you and The Job Helpers waive the right to a judge or jury. Instead, arbitration uses a neutral arbitrator to decide the Dispute, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator must follow these Terms and Conditions, just as a court. You have the right to opt out of this Agreement to Arbitrate (as explained below), which means that you would retain your right to litigate your disputes in a court, either before a judge or jury.

For this provision, “The Job Helpers” means The Job Helpers and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and The Job Helpers regarding any aspect of your relationship with The Job Helpers, whether based on contract, statute, regulation, ordinance, or tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (except for the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as The Job Helpers’ licensors, suppliers, dealers, or third party vendors) whenever you also assert claims against us in the same proceeding.

We each agree that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or the future, will be resolved exclusively and finally by binding arbitration rather than in court under this provision.

Pre-Arbitration Claim Resolution

Suppose you have a Dispute with The Job Helpers. In that case, you must first allow us to resolve the Dispute before filing an arbitration claim (or any other legal proceeding if you elect to violate the obligation to arbitrate your Dispute). You do that by sending a notice to [email protected]. That notice must include

(1) your name

(2) your address, telephone number, and email address (if not apparent from the sent email)

(3) a description of your claim

(4) a description of the specific relief

If The Job Helpers does not resolve the Dispute within 45 days after it receives your notice, you may pursue your Dispute through arbitration. You may only pursue your Dispute in court under the circumstances described below.

Arbitration Procedures

If this Section applies and the Dispute is not resolved through Pre-Arbitration Claim Resolution (above), then you or The Job Helpers may initiate arbitration proceedings.

The American Arbitration Association (the “AAA”) or JAMS will arbitrate all Disputes. For arbitration before AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes existing as of the time of the arbitration filing will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures existing as of the time of the arbitration filing will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section will control if it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or practices apply to the arbitration.

The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to The Job Helpers, Attn: Litigation Department, 931 Eaglewood Ave, West Fargo, ND 58078. The arbitration will be conducted before a single arbitrator in the county where you reside or at another mutually agreed to location. Suppose the value of the relief sought is $10,000 or less. In that case, you or The Job Helpers may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and The Job Helpers, subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and The Job Helpers unless the arbitrator requires otherwise.

Arbitration Award

The arbitrator will not have the power to award relief to, against, or for the benefit of any person who is not a party to the arbitration proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitration award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act. It may be entered in any court having jurisdiction over the parties for enforcement purposes.

Payment of Arbitration Fees and Costs

The Job Helpers will pay all arbitration filing fees and the arbitrator’s costs and expenses upon your written request before the arbitration’s commencement. You are responsible for all additional fees and expenses incurred in the arbitration, including, but not limited to, attorneys’ or expert witness fees and expenses. In addition to any rights to recover fees and costs under applicable law, if you provide notice to and negotiate in good faith with The Job Helpers as provided in the section above titled “Pre-Arbitration Claim Resolution,” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

You and the job helpers agree that each of us may bring claims against the other only individually and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and the job helpers agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, any relief awarded cannot affect other The Job Helpers users and shall not be admissible in any other arbitration or another legal proceeding.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Neither you nor any other user of the Site can serve as a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without following the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into this Agreement, you and The Job Helpers are waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Agreement to Arbitrate, you and The Job Helpers might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Section, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Agreement to Arbitrate (other than the Class Action Waiver clause above) is found to be unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is unenforceable, this entire Agreement to Arbitrate will be unenforceable, and a court will decide the Dispute.

GOVERNING LAW; EXCLUSIVE JURISDICTION

These Terms are governed by the laws of the State of North Dakota without regard to its conflict of law provisions that would give rise to the substantive law of another jurisdiction. Any disputes arising under or related in any way to these Terms, the Site, or any Services shall be resolved solely through binding arbitration in Cass County, North Dakota, following the provisions below.

ENTIRE AGREEMENT

These Terms, as amended, your registration forms, the disclosures provided by the Organization, and the consents provided by you, constitute the entire Agreement between you and the Organization. Suppose any provision of these Terms shall be unlawful, void, or unenforceable. In that case, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Organization’s failure to act concerning a breach by you or others does not waive the Organization’s right to work for subsequent or similar breaches.

CUSTOMER COMMENTS

We welcome submitting comments, information, or feedback through the Site. By submitting information through the Site, you agree that the information submitted will be subject to the Organization’s Privacy Policy.

Your Consent To These Terms

By accessing and using the Site, you consent to and agree to be bound by the preceding Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Site.

If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by email at [email protected] or by sending your comments to:

The Job Helpers
931 Eaglewood Ave,

West Fargo, ND 58078

Attn: Client Services – Website Issues
[email protected]