TERMS & CONDITIONS
In these paragraphs : (1) "we," "us," "our," and "Career KABOOM" mean Career KABOOM, LLC; (2) "you," "your," "customer," “client,” and "user" mean an account holder with us or any user of our Devices or Services; (3) "Document" means any résumé, cover letter, thank you template, search strategy or other product that we provide you, we sell to you, or is active on your account with us; (4) "Devices" means your computer, tablet, smartphone, landline phone and any equipment attached to these devises that enables you to access Career KABOOM, LLC services; and (5) "Service(s)" also includes any other product or service that we offer or provide to you that references these Terms & Conditions of Service (“Ts&Cs”).
** Once you have remitted payment, Career KABOOM, LLC will confirm that the appointment has been scheduled. You will also have the option to register for an account in order to track their appointments with Career KABOOM, LLC. Thank you so much for choosing Career KABOOM, LLC as your career advisement partner. We appreciate your business and confidence.
** It is our policy to ensure that answer all of your questions – as your scheduled appointment time permits. We understand that some clients will require more than one appointment before they feel they are ready to move forward on their own. We build our business on referrals and word-of-mouth from happy clients.
** Career KABOOM, LLC offers no guarantees to its clients of landing a job, internship or promotion as a result of using our services. For all services purchased, it is imperative for you, the client, to know that it is a collaborative process between us. In making this purchase, you agree to perform suggested activities and required follow-up to advance your job search and to improve your results. The client acknowledges and understands that while Career KABOOM, LLC is very committed to our client’s success, we cannot guarantee it—no career professional should or can.
** As the client, you are responsible for finalizing your career documents’ completeness and accuracy before submitting to job applications and emailing colleagues with your documents. We are not liable for any injury or damage caused by omissions, false statements, or other inaccuracies. We will work with you through the document edit phase to make this finalization and proofreading process smooth, but it is ultimately your responsibility to review and finalize your documents. Career KABOOM does not write the résumé for you.
** All appointments are for the scheduled time and services will be charged for the full appointment time even if the calls end early. Please give 24 hours’ notice if you are unable to make a call. Without notice, the scheduled time will count as a completed call.
**Since appointments are held via Skype, network outages, unexpected or unexplained network disconnections are not the responsibility of Career KABOOM, LLC. Career KABOOM, LLC will make an attempt to reconnect or reschedule with the client as connectivity permits.
**Career KABOOM, LLC reserves the right to refuse service to anyone.
**Client agrees that they are representing only themselves in all services.
** Client agrees that they are 18 years old or older. No one under the age of 18 can utilize Career KABOOM services.
** All Sales Are Final. As the client, you agree that in paying for any product and/or service that you agree that all aspects of the creation of all products and services offered on this site, including the processes necessary to craft the product and deliver the service to you; constitute a set of creative products and services. As such, you agree that all payments for all such creative products and services are final. By remitting payment, you acknowledge and accept these terms & conditions in their entirety.
OTHER LEGAL STUFF:
Use of Website. By accessing, browsing and using the Career KABOOM, LLC website, (the Site)_you agree to be bound by the terms, notice, policies, and conditions described hereinafter.
Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
Trademarks, Trade Names, Service Marks, and other Rights. Career KABOOM, LLC is the owner of trademarks, trade names, service marks, and other marks described or claimed on the Site, except as otherwise stated. Your access to this Site should not be construed as granting by implication, estoppels, or otherwise, any license or right to use any marks appearing on the Site without the prior written consent of Career KABOOM, LLC.
Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site.
Indemnification. You agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of these terms & conditions or use of the Site.
Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site.
Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
Third-Party Products and Services. We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR CERTAIN PROBLEMS
You agree that neither we nor our parent, subsidiary, or affiliate companies, nor our vendors, suppliers, or licensors are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) information or communication that is blocked by a spam filter; (f) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (g) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.
Governing Law. The laws of California will govern the terms and conditions contained in these terms & conditions and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Jurisdiction; Venue. For any actions not subject to Dispute Resolution and Arbitration as set forth below, You agree that all actions or proceedings arising directly or indirectly out of these terms & conditions or your use of the Site or any sample products, freebie offers or services obtained by you through such use, shall be litigated in the circuit court of San Bernardino County, California or the United States District Court for the Central District – Eastern Division – of California. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that San Bernardino, California or the Central District of California is an inconvenient forum or an improper forum based on lack of venue.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction, you and Career KABOOM, LLC each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and Career KABOOM, LLC agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, you and Career KABOOM, LLC agree to arbitrate all Disputes (as defined below) on an individual, non-representative basis. You agree that, by entering into this Agreement, you and Career KABOOM, LLC are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator's decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of these terms & conditions and can award damages and relief, including any attorneys' fees authorized by law.
DISPUTE NOTICE AND DISPUTE RESOLUTION PERIOD
Before initiating an arbitration or a small claims matter, you and Career KABOOM, LLC each agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Career KABOOM, LLC should be sent to Career KABOOM, LLC at PO Box 580, Highland, CA 92346-0580, with a copy to Kimberly Rohn, Attorney at Law, PO Box 30162 San Bernardino, CA 92314-0162. Career KABOOM, LLC will provide a Notice of Dispute to your billing address and/or your email address. Career KABOOM, LLC will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and Career KABOOM, LLC agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Career KABOOM, LLC may commence an arbitration proceeding or small claims action.
ARBITRATION TERMS, PROCESS, RULES AND PROCEDURES
- Unless you and Career KABOOM, LLC agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in San Bernardino county. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
- The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration provision. We each agree that the FAA's provisions-not state law-govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Career KABOOM, LLC to arbitrate on a class-wide, representative or consolidated basis.
- 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. YOU AND CAREER KABOOM, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Career KABOOM, LLC expressly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. Career KABOOM, LLC will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator's services.
- An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
- As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent billing address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Career KABOOM, LLC on your behalf.