TERMS
Terms and Conditions:
These terms, covenants, conditions, and provisions (the “Terms and Conditions”) apply to the network of websites and webpages (e.g. bavardetalentsolution.com) (collectively, the "Web Sites", "Sites", or "Site") operated by Bavarde Consulting & Management or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents, including any entities it may acquire and own from time to time.
These Terms and Conditions govern your access to and use of the Sites and the Membership Services (defined below) provided by Bavarde Consulting & Management. Please read this page carefully. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Bavarde Consulting & Management Sites or Services.
“Membership Services” shall be defined as any services provided by Bavarde Consulting & Management to Users and may be referred to as the “Services.”
“You” and “User” shall mean any individual or entity that uses the Sites and/or engages in the Services.
Acceptance and Conduct:
By accessing or using the Sites and engaging the Services from the Sites, you accept these Terms and Conditions and agree to be legally bound by them, and all applicable laws, rules, and regulations associated with your access or use of the Sites. If you do not agree to be bound by these Terms and Conditions and/or any of Bavarde Consulting & Management or the Sites’ Privacy Policies, you are not authorized to access or use the Sites.
You are authorized by Bavarde Consulting & Management to access and use the information on the Sites, solely for personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on the Sites may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Bavarde Consulting & Management' express prior written consent. Any use of data mining, robots, or similar data gathering or extraction tools or processes in connection with the Sites, and any reproduction or circumvention of the navigational structure or presentation of the Sites or its content, is strictly prohibited. You agree not to use the Sites, for any unlawful purpose.
In order to access certain features of the Sites, you may be required to register. If you supply a telephone number in connection with the use of the Sites, you consent to receive calls or texts at that number, whether manually or automatically dialed, from Bavarde Consulting & Management and/or from participating vendors. If you supply an email address in connection with the use of the Sites, you consent to receive electronic communication, including commercial electronic messages, from Bavarde Consulting & Management, participating vendors, or other third-party vendors. If you do not wish to receive any calls, texts, or electronic messages from Bavarde Consulting & Management, its Sites, or third-party vendors and affiliates, you may choose to opt-out or unsubscribe. You are responsible for maintaining the confidentiality of passwords and accounts and are fully responsible for all activities that occur under such passwords or accounts. You agree to immediately notify Bavarde Consulting & Management in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session. Bavarde Consulting & Management is not liable for any loss or damage arising from your failure to comply with these Terms and Conditions. You agree not to modify the Sites or use modified versions of the Sites (except if modified by Bavarde Consulting & Management) including for the purpose of obtaining unauthorized access to the Sites. You agree not to access the Sites by any means other than through the interface that is provided by Bavarde Consulting & Management for use in accessing the Sites.
Licenses:
The Sites are intended for individuals seeking employment (“Job Seeker”) and for employers seeking candidates for potential employment (“Employer”).
License to Use by Job Seekers:
Bavarde Consulting & Management hereby grants you a limited, terminable, non-exclusive right to access and use the Sites, for your personal, non-commercial use only, while seeking employment opportunities or candidates for yourself. You agree that you are solely responsible for any content, including any resume or other document, that you post to a Site and any consequences arising from such posting. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bavarde Consulting & Management to any third party without the prior express written authorization of Bavarde Consulting & Management. Bavarde Consulting & Management reserves the right to suspend or terminate your access and use at any time if Bavarde Consulting & Management determines that you are in breach of these Terms and Conditions, in its sole discretion.
As a Job Seeker, you can use the Services to search for jobs, apply to jobs, receive job alert emails or text messages, where such features are available to you, and include your resume and other applicable information in the Resume Database. For purposes of this Agreement, references to "resume" or "CV" shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
As Bavarde Consulting & Management operates many Sites within the Bavarde Consulting & Management Job Network, and other Sites as Bavarde Consulting & Management may acquire and own from time to time, you agree that if you register on one site (e.g., Legal), you may be marketed to by other Sites in the Network (e.g., Paralegal) or by Bavarde Consulting & Management partners and affiliates, unless you have opted out of such communications.
You agree that if you have a Bavarde Consulting & Management account or if you have provided your resume/CV to Bavarde Consulting & Management or any of the Sites and/or if you have signed up for job alerts, we may use the information you provide to send you information about job advertisements that may be of interest to you and you also agree that we may provide your resume/CV (to the extent that you have not designated it as private), to an employer or recruiter who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to. Additionally, you consent to receive any communication, electronic or otherwise, from the Employer or recruiter who may be interested in you.
To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a job advertisement on a Bavarde Consulting & Management website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfill the services we provide to you.
In certain instances, you may receive messages, emails, or email notifications corresponding with your activity on or use of the Sites, job application process, or any other communications service, product, or feature provided on or through the Sites. In all cases, such messages or notifications are provided solely as a courtesy. Bavarde Consulting & Management disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Bavarde Consulting & Management reserves the right to turn on or enable messaging or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that these communication options are available for a particular job or Employer. Bavarde Consulting & Management may, in its sole discretion, turn off or disable messaging for any Employer or Job Seeker at any time without prior notice. Please note that if you are using Bavarde Consulting & Management to communicate with an Employer, Bavarde Consulting & Management will deliver your messages as instructed by the Employer.
License to Use by Employers:
Bavarde Consulting & Management hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use (or that of your clients) seeking candidates for employment. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bavarde Consulting & Management to any third party without the prior express written authorization of Bavarde Consulting & Management. You agree that you are solely responsible for the content of any document you post to a Site and any consequences arising from such posting. Bavarde Consulting & Management reserves the right to suspend or terminate your access and use at any time if Bavarde Consulting & Management determines that you are in breach of these Terms and Conditions. Employer represents, warrants, and covenants that any materials or documents provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Bavarde Consulting & Management a non-exclusive, worldwide, royalty-free license to use, copy, distribute, display, and/or transmit the materials and documents, including, but not limited to, Job Listings and/or Job Ads (including Your Services therein) and to hyperlink to Employer’s website in connection with the Services, if necessary.
License to Use Candidate Database by Employers:
Bavarde Consulting & Management grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Bavarde Consulting & Management Candidate Database via the Sites for the purpose of viewing and/or downloading a paper and/or video resumes and other materials or documents related thereto solely for your (or your clients’) use. The Candidate Database is to be accessed and used solely by you. Upon your successfully signed agreement for the Candidate Database, you will be provided access to Candidate information. You may not provide Candidate Information to any third party. You agree to protect and keep our Candidate information confidential. You may not use the Candidate Database in any way that, in Bavarde Consulting & Management's sole judgment, adversely affects Bavarde Consulting & Management's business, business prospects, the performance or function of any Site or the Candidate Database, or interferes with the ability, of other subscribers to access the Candidate Database. Further, your use of the Candidate Database may not interfere with or violate, in any manner, the privacy election of Bavarde Consulting & Management Job Seekers. You may use your registration to the Candidate Database only for seeking candidates for employment. You are specifically prohibited from using information contained in the Candidate Database to sell or promote any products or services or to take any other action that is, in Bavarde Consulting & Management's sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Bavarde Consulting & Management may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Candidate Database at any time. By permitting access to the Bavarde Consulting & Management Candidate Database, Bavarde Consulting & Management does not convey any interest in or to the Candidate Database or any other Bavarde Consulting & Management property or Services. All right, title and interest in and to the Candidate Database is and shall remain with Bavarde Consulting & Management. Bavarde Consulting & Management recognizes Candidate Information as customer-owned data. Bavarde Consulting & Management represents that it will not make use of this data in any way or for sales and/or marketing purposes. The use of this information will be used solely as is contemplated herein.
Representations:
You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law.
You are expressly prohibited from exploiting job postings for any commercial purpose. You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules, or regulations, including, without limitation, the federal CAN-SPAM Act of 2003, and Canada’s Anti-Spam Law. If you do send out any communications through the Sites or through any information you have obtained through the Sites, you must first obtain consent directly from the recipient for such communication, identify the purpose of obtaining such consent, expressly identify yourself in the communication, provide contact information for yourself, and inform individuals that they can opt-out or unsubscribe from communications from you.
Job postings must be individual openings for traditional, W-2 employees or 1099 contractors. Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf. Bavarde Consulting & Management is under no obligation to monitor the resumes, documents, and/or materials. All postings shall be free from any discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, or abusive content. In addition, postings shall not contain any copyrighted material or confidential information, or trade secrets of any party.
Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Bavarde Consulting & Management immediately of any unauthorized use of your registration and password.
Posting a Resume:
Posting your resume on the Sites puts you in front of employers with open positions each day. When you post your resume, we automatically create a registration for you using the email address and password that you supply. When you return to the Sites in the future you will use that same email address and password to access and edit your existing resume. Posting your resume gives you the most visibility to the broadest employer audience possible if you elect to make your resume searchable in our Candidate Database. Any registered Employer who purchases access to the database can view your resume and contact details (to the extent you include them in your resume).
You may remove your resume from our searchable database at any time. However, Employers, recruiters, and others who have paid for access to that database, as well as parties who have otherwise gained access to the database may have retained a copy of your resume in their own files or databases. We cannot control the retention, use, or privacy of resumes or profiles that have been downloaded by third parties. Accordingly, you should not put the information you would not want to be made public in your resume.
Bavarde Consulting & Management assumes no responsibility for resumes, documents, and/or materials posted by Users and no responsibility for the activities, omissions, or other conduct of users. Bavarde Consulting & Management acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring resumes, documents, and/or materials posted by Users. If notified by a User of a resume, document, and/or material which allegedly does not conform to these Terms and Conditions, Bavarde Consulting & Management may investigate the allegation and determine whether to remove or request the removal of such resume, document, and/or material, in its sole discretion. Bavarde Consulting & Management shall have no liability or responsibility to Users for the performance or nonperformance of such activities. Bavarde Consulting & Management may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
Important Tips to Use When Dealing with Prospective Employers:
Bavarde Consulting & Management actively monitors the Sites for job postings that violate these Terms and Conditions. If Bavarde Consulting & Management detects fraudulent activity, we will remove the job posting from the Sites. However, fraudulent job postings can sometimes appear, and we urge you to exercise caution in your job search. Please consider the following tips when conducting your search:
Never give out your social security number to a prospective employer;
Never provide credit card or bank account numbers or engage in a monetary transaction of any sort;
Be cautious when dealing with contacts outside of your own country;
Do not provide any non-work-related personal information (i.e. eye color, marital status, etc.) over the phone or online; and
Beware of job postings that ask you to send your resume to a free email service address (e.g., Gmail, Yahoo, Hotmail, etc.).
Bavarde Consulting & Management Intellectual Property Rights:
The Sites, their content, including without limitation, the text, scripts, graphics, photos, sounds, videos, interactive features, and the like (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of Bavarde Consulting & Management or its licensors and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Bavarde Consulting & Management retains all proprietary rights to the Content and Marks. Without limiting the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or any Marks, or use them in any other way for public or commercial purposes. The use of the Content on any other website or in a networked computer environment for any purpose is strictly prohibited. Any code that Bavarde Consulting & Management creates to generate or display the Content or the pages making up the Sites is also protected by Bavarde Consulting & Management's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Bavarde Consulting & Management materials on any authorized copy you make of the Content or Marks. All other product and service marks contained on the Sites are the trademarks of their respective owners. Content on the Sites is provided to you AS IS for your information and personal use only. Bavarde Consulting & Management reserves all rights not expressly granted in and to the Sites and the content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Sites or the content therein. If you believe any trademarks, service marks, or logos used on the Sites to be the property of someone else, please notify Bavarde Consulting & Management in writing.
Website Content:
Bavarde Consulting & Management created the Sites to be used by the general public and customers of Bavarde Consulting & Management. The information provided on the Sites is for general information only and is not intended to constitute an inducement, promise, or contract of any kind to provide any type of product or service or guarantee any job opportunity. Bavarde Consulting & Management makes no representation that any or all of the job postings on the Sites are appropriate or available in any particular location. The information contained on the Sites does not obligate Bavarde Consulting & Management to provide any specific job opportunity.
The information provided on the Sites is provided by Bavarde Consulting & Management as a convenience to you. Bavarde Consulting & Management will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, Bavarde Consulting & Management does not warrant and cannot guarantee the accuracy, availability, completeness, or authenticity of the information contained on the Sites, or its suitability for any purpose.
The Sites may include technical inaccuracies or typographical errors. Bavarde Consulting & Management will from time to time revise the information, products, and services described on the Sites, and reserves the right to make such changes to the Terms and Conditions and/or the Privacy Policy from time to time without notice to you. Any changes to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Sites. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes.
Nothing on the Sites shall be considered an endorsement, representation, or warranty with respect to any User or third party, whether in regard to its website, products, services, hiring, experience, employment, recruiting practices or otherwise.
DISCLAIMER OF WARRANTIES:
THE USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES, AND THE PRODUCTS OR SERVICES PURCHASED ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. BAVARDE CONSULTING & MANAGEMENT MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO BAVARDE CONSULTING & MANAGEMENT. The materials, products, SERVICES, CONTENT, and information on the SITES are presented without express or implied warranties of any kind and are provided on an ‘as is’ as-available basis WITHOUT ANY WARRANTY OF ANY KIND. It is YOUR responsibility to evaluate the accuracy, completeness, and usefulness of any opinions, advice, services, or other information provided.
BAVARDE CONSULTING & MANAGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AS TO ANY MATTER WHATSOEVER RELATING TO THE SITES, OR THE INFORMATION, PRODUCTS, SERVICES CONTAINED HEREIN. ADDITIONALLY, BAVARDE CONSULTING & MANAGEMENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BAVARDE CONSULTING & MANAGEMENT OR THROUGH OR LINKED TO OR FROM THE SITES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN CERTAIN CIRCUMSTANCES, THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
BAVARDE CONSULTING & MANAGEMENT DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BAVARDE CONSULTING & MANAGEMENT IS NOT RESPONSIBLE FOR THOSE COSTS.
BAVARDE CONSULTING & MANAGEMENT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY RESUMES, OR DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. RESUMES, DOCUMENTS, AND MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON RESUMES, DOCUMENTS, AND MATERIALS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
BAVARDE CONSULTING & MANAGEMENT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
BAVARDE CONSULTING & MANAGEMENT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. BAVARDE CONSULTING & MANAGEMENT DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
LIMITATION OF LIABILITY:
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE RESUMES, DOCUMENTS, AND MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL BAVARDE CONSULTING & MANAGEMENT AND ITS MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, LOST EMPLOYMENT OPPORTUNITY, ANY FAILURE OF PERFORMANCE, DEFECT, ERROR, OMISSION, DELAY IN SERVICES, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY RESUME, DOCUMENT OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAVARDE CONSULTING & MANAGEMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAVARDE CONSULTING & MANAGEMENT WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE SITES OR ITS CONTENTS, OR THE PRODUCTS, OR SERVICES OFFERED ON THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT, AND/OR THE SITES IS TO STOP USING THE SITES.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONETARY DAMAGES, YOU AGREE THAT BAVARDE CONSULTING & MANAGEMENT WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
User Authentication:
Because User authentication on the Internet is difficult, Bavarde Consulting & Management cannot and does not confirm that each User is whom they claim to be. Because Bavarde Consulting & Management does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Bavarde Consulting & Management from any and all claims, demands, suits, liabilities, judgments, actions, compensation, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
California Residents:
If you are a California resident, you waive California Civil Code Section 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 or her settlement with the debtor."
Subscription Service:
All Job Seeker premium membership subscriptions will automatically renew at the selected subscription rate to preserve the continuity of services. Until you terminate your membership, you authorize Bavarde Consulting & Management Sites to rebill the credit or debit card used to initiate your membership. If you would like to cancel your membership and not be rebilled, you must cancel before your renewal date. If you are utilizing one of our trial memberships, you must cancel before the trial period ends if you do not want your membership to auto-renew at the selected subscription rate. To view your membership information including the next bill date, please log into your Bavarde Consulting & Management account, go to the “More” menu on the right, and click “Membership.”
If you wish to cancel your membership, please log into your Bavarde Consulting & Management account, go to the “More” menu on the right, and click “Membership.” Next, click on the “Cancel Future Billings” link next to your bill date and follow the instructions. You may also call our Customer Success team at 763-327-4091 between the hours of 9:00 am and 5:00 pm CT, Monday–Friday to cancel your membership.
Refunds for all premium membership subscriptions are limited to one payment term.
All Employer membership subscriptions (e.g., Job Slots, Resume Database, etc.) will automatically renew at the selected subscription rate to preserve the continuity of services. Until you terminate the subscription, you authorize Bavarde Consulting & Management Sites to rebill the credit or debit card used to initiate your subscription. If you would like to cancel your subscription and not be rebilled, you must cancel before your renewal date. If you are utilizing one of our trial subscriptions, you must cancel before the trial period ends if you do not want your subscription to auto-renew at the selected subscription rate. To view your subscription information, including the next bill date, please log into your account, click your name in the top right corner, and select “Subscriptions.” If you are not able to cancel online, please contact our Customer Success team at 763-327-4091 between the hours of 9:00 am and 5:00 pm CT, Monday–Friday.
Refunds for employer subscriptions are limited to one month.
Resume & Cover Letter Refund Policy:
Bavarde Consulting & Management's resume and cover letter services are fully refundable if canceled within one business day of purchase. After one business day, all cancellation requests will be limited to a refund equaling 50% of the original purchase price. Once a resume or cover letter project has been assigned to a member of Bavarde Consulting & Management's writing team, services will be considered non-refundable. Bavarde Consulting & Management will honor refund requests if a client is not 100% satisfied with Bavarde Consulting & Management's resume and cover letter services. However, those requests must be made in writing and received within 30 days of the delivery of the first draft. Bavarde Consulting & Management reserves the right to make decisions on refund amounts on a case-by-case basis.
Resume & Cover Letter Revision Policy:
Once the first draft of a resume and/or cover letter project has been delivered, clients have 30 days to request revisions and may request unlimited revisions during this revision period. Bavarde Consulting & Management promises to deliver all client revisions within 2 business days. After the 30-day revision process is complete, any further changes to the resume will require an additional fee equaling 10% of the original purchase price to reopen the project. Updates to a resume and/or cover letter previously completed by Bavarde Consulting & Management staff, such as the addition of a new position, will also incur an additional fee and may be purchased by reaching out to a Bavarde Talent associate.
Client Information Policy:
After purchasing Bavarde Consulting & Management's resume and/or cover letter services, the client is required to provide information as dictated by the specific product purchased. This includes an existing resume if purchasing Bavarde Consulting & Management's resume formatting service or a completed client questionnaire if purchasing Bavarde Consulting & Management's resume and/or cover letter writing service. In the event a client does not provide sufficient materials/information within 6 months of the original purchase date, Bavarde Consulting & Management will mark the project closed. Clients who wish to reopen any project will incur an additional fee equaling 10% of the original purchase price.
Links to Third-Party Websites:
Bavarde Consulting & Management Sites may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. Bavarde Consulting & Management does not monitor or have any control over, and makes no claim or representation regarding, third-party websites nor does it assume any liability for the content or presentation of linked sites. To the extent such links are provided by Bavarde Consulting & Management, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption, or sponsorship of, or affiliation with, a such third-party website. When you leave a Bavarde Consulting & Management Site, our terms and policies do not govern your use of third-party websites.
Templates:
From time to time, Bavarde Consulting & Management Sites may provide you with templates for your use, such as templates to help employers solicit reviews from your employees, check references, templates to help employers with job descriptions for job postings, or templates to help Job Seekers craft their resumes. You understand and agree that the templates Bavarde Consulting & Management offers through Bavarde Consulting & Management are provided as suggestions and their contents do not constitute legal or employment advice. You accept that your use of any template provided by Bavarde Consulting & Management is at your own risk.
Bavarde Consulting & Management SMS - Terms of Service:
You may now or in the future register to receive general account updates, reminders, account verification messages, and account recovery messages via short message service ("SMS Service"). Participation in the SMS Service is not necessary to use the Bavarde Consulting & Management Sites. By registering to participate in the SMS Service, you certify that you are authorized:
(i) to enroll the designated mobile phone number in the SMS Service, and
(ii) to incur any mobile message or data charges that may be incurred by participating in the SMS Service.
You may subscribe to the SMS Service by entering and submitting your mobile phone number and full name in the provided submission form available on our Sites.
By subscribing to the SMS Service, you expressly consent and agree to accept and receive communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to Bavarde Consulting & Management. The information in any message may be subject to certain time lags and/or delays.
You can text STOP to stop receiving text messages from us and HELP to receive help. You can also receive assistance by contacting customer support at (763) 327 4091. You consent that following such a request to unsubscribe, you may receive one final message confirming that you have unsubscribed. You can text START at any time to start receiving text messages again.
Message and data rates may apply. By participating in the SMS Service, you approve any such charges from your mobile carrier. Check your carrier's plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s). Message frequency varies.
Bavarde Consulting & Management is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise. Carriers are not liable for delayed or undelivered messages.
You acknowledge and agree that the SMS Service may be provided in some cases through automatic telephone dialing technology. By providing Bavarde Consulting & Management with your phone number, you expressly consent to receive the SMS Service through automatic dialing technology. You agree to receive notifications from Bavarde Consulting & Management, its representatives, employees, and agents, through any means authorized under these Terms and Conditions or the Privacy Policy, including text messages that use automatic telephone dialing technology or live person.
Bavarde Consulting & Management reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Service, in whole or in part, for any reason, with or without notice to you.
If you have any questions regarding privacy, please read our privacy policy.
Entire Agreement/Reservation of Rights:
These Terms and Conditions and the Privacy Policy, which is incorporated herein by reference, represent the entire Terms and Conditions between you and Bavarde Consulting & Management with respect to the use of, and material on or through, the Sites, and supersede all prior communications and proposals, whether electronic, oral, or written between you and Bavarde Consulting & Management with respect to the Sites or products or services offered on the Sites. Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms and Conditions is null and void unless otherwise agreed to in writing by you and Bavarde Consulting & Management.
Downtime and Service Suspensions:
Your access to and use of the Sites may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or another unavailability of any portion or all of the Sites for any reason, including as a result of power outages, system failures or other interruptions.
Bavarde Consulting & Management shall also be entitled, without any liability to you, to suspend access to any portion or all of the Sites at any time, on a system-wide basis:
(a) for scheduled downtime to permit Bavarde Consulting & Management to conduct maintenance or make modifications to the Sites;
(b) in the event of a denial of service attack or other attacks on the Sites or other event that Bavarde Consulting & Management determines, in Bavarde Consulting & Management's sole discretion, may create a risk to the Sites if the Sites are not suspended; or
(c) in the event that Bavarde Consulting & Management determines that the Sites are prohibited by law, or Bavarde Consulting & Management otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.
Termination:
You agree that Bavarde Consulting & Management reserves the right to terminate your access to any part of the Sites or any use of the services provided by Bavarde Consulting & Management on the Sites, for any reason in Bavarde Consulting & Management's sole discretion, at any time, without notice. Bavarde Consulting & Management also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites with or without notice. You acknowledge and agree that Bavarde Consulting & Management shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Sites.
Indemnification:
You agree to defend, indemnify, and hold harmless Bavarde Consulting & Management and its members, managers, subsidiaries, affiliates, officers, employees, and agents from and against any third-party claims, liability, compensation, judgments, losses, actions, or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any resume, document, Content and/or material posted by you or accessed by you, your use of the Services or your breach of this Agreement. Bavarde Consulting & Management shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.
User Information and Privacy Policy:
When you register on any of the Bavarde Consulting & Management Sites or in connection with the Services, you will be asked to create an account and provide Bavarde Consulting & Management with certain information, including but not limited to, a valid email address, phone number, or other contact information (“User Information”). You acknowledge and agree that you have no ownership rights in your account. While using the Sites, you may not:
(i) post or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
(ii) post or transmit material that reveals trade secrets or confidential information, unless you own them or have the permission of the owner;
(iii) post or transmit material that violates or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(iv) post or transmit material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
(v) post or transmit any sexually explicit images or other material;
(vi) post or transmit advertisements or solicitations of business;
(vii) post or transmit chain letters or pyramid schemes;
(viii) impersonate another person or post or transmit information under a fictitious name;
(ix) post or transmit material that contains a virus, corrupt file, or other harmful components; or
(x) intentionally or unintentionally violate or encourage or assist another to violate any applicable law or regulation.
Bavarde Consulting & Management reserves the right for any reason to edit, refuse to post, or remove without notice any materials posted by you, but has no obligation to delete material that you may find objectionable or offensive or that violates these terms. Bavarde Consulting & Management reserves the right to expel you and to prevent further access to the Sites for any reason, including violation of these terms or applicable law, or for no reason at all.
All User Information will be used in accordance with the terms of Bavarde Consulting & Management's Privacy Policy. Please note, as set forth in the Privacy Policy that Bavarde Consulting & Management may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Bavarde Consulting & Management reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies, or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
Governing Law; Waiver; Severability; Costs of Enforcement:
This Agreement is governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively within Hennepin County, in the State of Minnesota. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Bavarde Consulting & Management in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement constitutes the entire agreement between you and Bavarde Consulting & Management. In the event of any legal action arising hereunder or between Bavarde Consulting & Management and a User, and Bavarde Consulting & Management is the prevailing party, Bavarde Consulting & Management shall be entitled to recover all costs and expenses including but not limited to reasonable attorneys' fees incurred in enforcing, attempting to enforce or defending any of the Terms and Conditions, including costs incurred prior to commencement of legal action and in any appeal.
If you have any questions about these Terms and Conditions, please write to us at: