These Terms were last revised on June 22, 2018.
Welcome to My Professional Guide, LLC (“My Professional Guide”). These pages constitute the terms and conditions under which you may access myprofessionalguide.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 My Professional Guide (referred to as the “Company”). “You” are the person or entity using the Site.
You understand that by making a purchase through myprofessionalguide.com, by using the Site (including any content provided therein), Services, or your account or by posting any materials on the Site, you are agreeing 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 herein 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 WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH MY PROFESSIONAL GUIDE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL AGREEMENT TO ARBITRATE AS PROVIDED BELOW.
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 ordering process. The Company 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.
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 shall not upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, 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 Materials will not disparage in any manner the Company, its Licensors, or their products, or services and sites. Should we find that you have produced such Materials, your account will be deactivated immediately!
Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
You shall not upload to the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
The Site contains links to third party sites that are not under the control of the Company and the Company is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We promise you will be absolutely thrilled with the results of your new documents or we will revise them for free until you are satisfied. Also, we will continue working with you for up to 30 days if necessary to show our ongoing commitment in helping you succeed.
Our clients have an excellent record of landing positions and advancing their careers. However, My Professional Guide offers no guarantees to its clients of landing a job 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 My Professional Guide is very committed to our client’s success, we cannot guarantee it – no career professional should or can.
A consultation is defined as the process of formally discussing or communicating with an expert in order to seek advice on a certain topic. After you place your order and submit your information, we will evaluate your case and assign a certified writer to contact you for an initial consultation. You acknowledge that any communication with your assigned writer, either by phone or email, is considered part of the consultation process. Depending on the amount and/or type of information needed to complete your project, your writer may ask for certain details to be provided via email or the online questionnaire first so we can have a written record of the work performed.
For any scheduled appointments (Introductory calls, informational interview calls, coaching calls or follow-up edit calls), please give 24 hours’ notice if you are unable to make a call. Without notice, the scheduled call can count towards the allotted calls for your purchased service.
Resume Edits included in the initial resume creation process will focus on information listed in prep work and outlined during informational interview only (this also includes requests made via email prior to beginning the writing process). Adding additional employment, education or achievement information to be added to the document after first drafts have been presented is considered a Resume Update service. Additional information can be incorporated into the first draft with an additional Resume Update fee.
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. Because we are immediately working to review your information and consult with you after placing an order, and since this is a service-based business and digital products cannot be physically returned, we do not offer cancellations or refunds unless otherwise agreed at our sole discretion. As always, our main priority is helping you obtain the best possible results during your job search and we urge you to give us your feedback to help us achieve total client satisfaction.
All documents and coaching services are considered completed within three months of purchase date. Unused services will be subject to price increase or changes in package compilation after three months of the purchase date.
This Site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the Site, Services, or any related information offered by the Company are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Services on the Site in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions that would give rise to the substitive 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 Miami Dade County, Florida, in accordance with the provisions below.
Most problems that users encounter can be resolved quickly and to a user’s satisfaction by contacting us at contact@myprofessionalguide.com. You and My Professional Guide each agree that any and all disputes or claims that have arisen or may arise between you and My Professional Guide 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.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and by agreeing to arbitration, you and My Professional Guide 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 also must follow these Terms and Conditions as a court would. 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 the purpose of this provision, “My Professional Guide” means My Professional Guide and its parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees and agents. The term “Dispute” means any dispute, claim, or controversy between you and My Professional Guide regarding any aspect of your relationship with My Professional Guide, whether based in contract, statute, regulation, ordinance, 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 (with the exception of 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 My Professional Guide’s 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 IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
If you have a Dispute with My Professional Guide, you must first give us an opportunity 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 contact@myprofessionalguide.com. That notice must include (1) your name, (2) your address, telephone number, and e-mail address (if not apparent from the sent email), (3) a description of your claim, and (4) a description of the specific relief you are asking for. If My Professional Guide does not resolve the Dispute within 45 days after it receives your notice, you may pursue your Dispute through arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Arbitration Procedures
If this Section applies and the Dispute is not resolved through Pre-Arbitration Claim Resolution (above), then either you or My Professional Guide 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 filing of the arbitration 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 filing of the arbitration 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 rules 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 My Professional Guide. The arbitration will be conducted before a single arbitrator in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or My Professional Guide may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and My Professional Guide, 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/or My Professional Guide, 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, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Payment of Arbitration Fees and Costs
My Professional Guide will pay all arbitration filing fees and the arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys’ fees 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 My Professional Guide 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 My Professional Guide AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND My Professional Guide 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 My Professional Guide USERS AND SHALL NOT BE ADMISSIBLE IN ANY OTHER ARBITRATION OR OTHER 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 having complied with the opt-out requirements above.
Jury Waiver
You understand and agree that by entering into this Agreement you and My Professional Guide are each 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 My Professional Guide might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or 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 found to be unenforceable, this entire Agreement to Arbitrate will be unenforceable and the Dispute will be decided by a court.
These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
You agree that the Company 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 Company 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, if any, 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 writing signed by the Company and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Company by postal mail to: 1129 NW 126th Ave, Miami FL 33182, or as to a successor address that the Company makes available on the Site or through other reasonable manner. If applicable law requires that Company accepts email notices (but not otherwise), then you may send the Company email notice using the Company’s FAQ form contact@myprofessionalguide.com. With respect to Company’s notices to you, Company may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, the Company may give notice by sending email to 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.
By accessing and using the Site, you consent to and agree to be bound by the foregoing 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 e-mail contact@myprofessionalguide.com.
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