You accept these Terms by accessing or using the Site in any manner, even if you do not create an account and this includes, without limitation, when You complete or download an application, login to the Site or otherwise visit the Site. These Terms will be updated from time to time and Your continued use of the Site and/or any our services signifies Your continued acceptance of the Terms including updates. If, at any time, you wish to discontinue use of the Site, please contact Us as stated herein.
DAVRON provides recruiting, outplacement and related services for both clients and candidates who utilize the Site. DAVRON provides to its candidates and potential candidates certain tools and resources related to job search capabilities, profile management and applications to jobs through Our website-based service (the “Candidate Services”). For clients and potential clients, the Site provides information about Our services, authorizes us to contact clients and potential clients. (Candidate Services and Client Services are referred to, collectively, as “Services”). At any time, a candidate may request, in writing, to be provided with any and all information we provide to third parties.
All information on the Site is “AS IS” and comes without any warranties and you acknowledge that DAVRON obtains data from third-party sources, which may or may not be thorough and accurate, and You shall hold harmless and indemnify DAVRON for any inaccuracy or incompleteness of information supplied through the Site. You agree to provide, at your own cost and expense, all equipment, software, mobile access and internet access necessary to use the Services.
CREDIT CARD PAYMENTS
Credit card payments are ONLY accepted for DAVRON Resume Writing Services and DAVRON Outplacement Services. To the extent the DAVRON Service or any portion thereof is made available for any fee, You may be required to select a service option and provide DAVRON information regarding Your credit card or other payment instrument. You represent and warrant to DAVRON that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay DAVRON the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize DAVRON to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let DAVRON know within sixty (60) days after the date that DAVRON charges You. DAVRON reserves the right to change pricing at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by DAVRON at such time.
Resume Writing & Outplacement Services
ALL SALES ARE FINAL AND THERE ARE NO REFUNDS once a purchase has been made unless explicitly stated otherwise in these Terms. Candidates are entitled to one revision of a resume, and/or online profile (as applicable) prepared through the DAVRON Service based on feedback provided by Candidate in a reasonable time frame (i.e. within 30 calendar days of receiving the first draft of resume, and/or online profile (as applicable) from DAVRON). There is no trial or grace period after purchasing the Service. You agree to provide complete information (as reasonably determined by DAVRON) requested by DAVRON in a timely manner (i.e. within 30 calendar days of the request for information from DAVRON) to allow for the provision of the Service purchased by You. Failure by You to provide complete information as requested by DAVRON in a timely fashion may delay or prohibit DAVRON from providing all or some of the Service You purchased. In the event DAVRON cannot provide all or some of the Service purchased by You due to Your failure to provide complete information requested by DAVRON in a reasonable time frame, DAVRON shall have the right to, in its sole and absolute discretion, discontinue providing the Service purchased by You and retain payment made by You.
All other Staffing and Executive Search Services
Credit cards are not accepted as a form payment for Executive Search Services, Contingency Search Assignments, Contract Billing, or any other service not described above. Payment terms and conditions for those services are described in detail within the service contract.
Provide Accurate Information
You agree to provide true, accurate, current and complete information about Yourself. Please update Your data to keep it current and accurate. You may not upload information You know or should know or believe to be false or defamatory. You may not provide any information You are not authorized to provide.
Obey the Law
You represent and warrant that You will, at all times, adhere to all federal, state, local and municipal laws and ordinances. You agree not to use the Site or Services for unlawful or immoral purposes or for the transmission of material that is unlawful, harassing, immoral, false, fraudulent, defamatory, libelous, invasive of another’s privacy, abusive, threatening or obscene or otherwise tortious, or that infringes or threatens to infringe the copyrights or trademarks or other intellectual or personal property rights of others.
Limits On Uses of User Information
By using the Site and Services, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s information. This prohibition on use includes, without limitation, selling information to third parties, using the data collected to customize users’ experiences at a site or network outside of DAVRON, using information to compete with DAVRON, using the data for targeted marketing campaigns not affiliated with DAVRON or using the data to offer services to DAVRON users.
RIGHTS YOU GRANT TO DAVRON
You agree that, by providing information to DAVRON, you hereby grant to us a fully paid up, irrevocable, worldwide, perpetual, unlimited and assignable license to use any and all information as We see fit. DAVRON may modify, display, distribute and create new material using such content and source information as We see fit in our discretion. By submitting content, you agree that the owner of such content has expressly agreed that, without any particular time limit and without the payment of any fees, DAVRON may reproduce, display, utilize and distribute the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.
We may engage third parties to perform analysis or data processing of our databases that involves access to this information in order to better provide You with the services for which you joined (in which case we will take commercially reasonable measures to ensure that such parties keep the information confidential.
Merger or Acquisition
In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization or sale of all or substantially all of its assets, or the sale of an individual website owned by DAVRON, DAVRON may transfer your information, including personally identifiable information, to a third-party as a part of such merger, acquisition, reorganization or sale.
WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION
Disclaimer of Warranties
You expressly understand and agree to the following:
DAVRON makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; (v) that your email or voicemail messages will not be lost; and (vi) any errors in the software will be prevented or corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any actual or potential damage to your computer systems or loss of data that results or may result from the download of any such material. No advice or information, whether oral or written, obtained by You from DAVRON, our third-party service providers or through or from the Services will create any warranty not expressly stated in the terms.
DAVRON does not have any obligation to verify the identity of the persons or entities using its Services nor does it have any obligation to monitor the use of its Services by other users; therefore, DAVRON disclaims any and all liability for identity theft or any other misuse or misappropriation of your identity or information by others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to You.
Limitation of Liability
You agree that DAVRON and its affiliates, and its/their employees, agents, officers, directors, officers, contractors, third-party providers and representatives (collectively “DAVRON Parties”) are not liable for any allegation, loss, damage, injury, death or claim resulting from or arising out of: (i) the use or the inability to use the Site or Services; (ii) the ineffective operation of any of any of the Services offered; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or transactions entered into through or from the Site or Services; (iv) the unauthorized access to or alteration of Your data; (v) any third-party statements or materials or any other conduct of anyone in connection with the Services or Site; (vi) the acts, omissions, negligence or misconduct of the DAVRON Parties; and (vii) any other matter relating to the Sites or Services. In no event shall DAVRON Parties be liable or responsible to you for any incidental, indirect, consequential, special or punitive damages, whether in contract, negligence, tort or otherwise, even if advised of the possible of such.
You agree to protect, indemnify and fully indemnify and hold harmless the DAVRON Parties from any and all claims, loss, injury, death, allegations, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) whether or not same are initiated by a third-party, arising out of or resulting from (1) your failure to comply with any term of this Agreement, including, without limitation, your submission of content that violates third-party rights or applicable laws; (2) any content you submit to the Site or Services; (3) any and all acts, omissions, negligence or misconduct on your part or on the part of anyone acting on your behalf or through your authority; (4) your infringement of any intellectual property right or other right of anyone; and (5) any other harm, injury, death, allegation, claim, cost, expense or loss caused to DAVRON Parties a result of your use of the Services or Site.
DAVRON’s rights under this Agreement may not be waived unless DAVRON agrees to such in writing. This Agreement is personal to you and you may assign or transfer this agreement only with DAVRON’s prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
CHOICE OF LAW
This Agreement and all matters relating to your access to, or use of, the Services or Site shall be governed by the laws of the state of Florida, Pasco County, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is deemed to be invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. This agreement is the entire understanding between you and DAVRON about the services.
All of DAVRON’s rights and obligations under this Agreement are freely assignable and transferrable by DAVRON in connection with a merger, acquisition or sale of assets or by operation of law or otherwise.
All content and functionality on the Site, including text, graphics, logos, icons and images and the selection and arrangement thereof is the exclusive property of DAVRON or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of DAVRON and its licensors. You agree that you will not refer to or attribute any information to DAVRON or its licensors in any public medium (e.g., press release, web sites), for advertising or promotion purposes, or for the purpose of informing or influencing any third-party and that you will not use or reproduce any Trademark of or imply any endorsement by or relationship with DAVRON or its licensors.
INFRINGEMENT NOTICES AND TAKEDOWN
DAVRON prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to DAVRON at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. DAVRON will remove any posted submission which infringes the copyright or other intellectual property right of any person under United States law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. §; 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. DAVRON’s contact for submission of notices is: firstname.lastname@example.org.
All claims and disputes in connection with these Terms or the use of any product or service provided by DAVRON that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and DAVRON, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to DAVRON should be sent to: 6753 Land O Lakes Blvd, Land O Lakes, FL 34638. After the Notice is received, you and DAVRON may attempt to resolve the claim or dispute informally. If you and DAVRON do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with DAVRON.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
DAVRON reserves the right to change, modify or discontinue, temporarily or permanently, the Services at any time without notice. YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THRID PARTY FOR ANY CHANGE, MODIFICATION OR DISCONTINUANCE OF THE SERVICES.
This agreement is subject to change by DAVRON at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. The updates and all changes will be posted at https://www.davron.net/terms-of-service/. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the Site will constitute your binding acceptance of the change.
RIGHT TO INVESTIGATE
You understand and agree that DAVRON reserves the right to investigate any improper use of the website that we reasonably suspect to be in violation of the terms set forth in this agreement.
6753 Land O Lakes Boulevard
Land O Lakes, FL 34638