Terms of Use

Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records. 

ResumePostOffice Inc shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Use of Website Content.

The Company authorizes you to view and access a single copy of the content available on or from ResumePostOffice (the "Website") solely for your personal, noncommercial use.

ResumePostOffice Inc and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of ResumePostOffice Inc, and any unauthorized use of this or any related marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of ResumePostOffice LLC and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the source code that the Company creates to generate any Website Content or the pages making up this website. It is also protected by the Company's copyright.

Acceptable Site Use.

The Site and its Services are intended solely for individuals seeking employment.   The Site may be used only for lawful purposes within this stated context of ResumePostOffice Inc’s intended and acceptable use.  

Users may not use this website in order to transmit, distribute, store or destroy material, including without limitation Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Agency Relationship.

By using this site you acknowledge that you have hired ResumePostOffice Inc to act on your behalf as your Agent (hereafter "Agency Relationship"), to create accounts and post your Personal Information on third party sites, such as Career Sites and web portals, subject to the terms, conditions, rules and regulations governing the services provided by each of these sites, and to email your resume to multiple recruiters and employers. 

You hereby further convey to ResumePostOffice Inc a power of attorney to sign on your behalf specifically indicating to each of these Career Sites that you have read, understood and agree to abide by their terms, conditions, rules and regulations.  You may access the terms, conditions, rules and regulations of these sites from the list of the third party sites ResumePostOffice Inc posts to, and to access links where their terms of service may be found.

You additionally acknowledge your understanding that ResumePostOffice Inc has standardized its web based information gathering forms (hereafter "Forms") in order to make easy the re-posting of your Personal Information on the various web forms and in the various formats required by the various Career Sites.   With this understanding you further authorize ResumePostOffice Inc to make its best efforts to interpret some of your answers to questions provided on the Forms in order to re-post whatever information ResumePostOffice Inc believes, in its sole discretion, are substantially similar answers amongst the available choices on the various Career Sites.

By entering into this Agreement you are accepting full and total responsibility for the actions ResumePostOffice Inc performs on your behalf and at your request, as if you had performed those actions yourself.  You further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from the use of the site and services and from the submission of your personal and employment information.  

Grant of Rights.

By submitting your Personal Information to the Site you automatically grant ResumePostOffice Inc the royalty-free, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Personal Information (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation so long as you are a subscriber.   In addition, you warrant that all so-called "moral rights" in the Personal Information have been waived.

 

Site Security Rules.

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.

This website may be used only for lawful purposes by individuals seeking employment. The Company specifically prohibits any use of the website, and all users agree not to use the Website, for any of the following:

Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume or job history.

Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.

Using the databases for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services.

Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of this website.

Deleting or revising any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

Taking any action which imposes an unreasonable or disproportionately large load on this website's infrastructure.

If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the Company and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

Aggregating, copying or duplicating in any manner any of the Website Content or information available from this website.

Framing of or linking to any of the Website Content or information available from this website.

User Information.

When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to fulfill the purposes of this site, to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

User Submissions.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific message boards; post a sexually explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users or the third party websites to which your information is submitted. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit 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 material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of this website, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.

We appreciate hearing from our customers and welcome your comments regarding our services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

When an employer submits a job posting or uses the services of the Website for any other purpose, and a prospective employee uses the resume distribution service, there will be no refund on the transaction once the transaction is processed.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if You have one, your e-mail address;
5. A statement by You that You have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated our customer service department as the agent to receive notices of claims of copyright infringement on our website. You can contact customer service as follows:

Email: customerservice@resumepostoffice.com

Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

ResumePostOffice Inc. and ResumePostOffice.com respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Website of any users who are repeat infringers of the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

The Company's Liability.

ResumePostOffice.com is only a venue. This Website acts as a venue for job seekers to post resumes to multiple career sites and to resume databases and email their resumes to multiple employers. ResumePostOffice Inc does not screen or censor these listings. The Company is not involved in the actual transaction between potential employers and subscribers. As a result, the Company has no control over the quality, safety or legality of the jobs offered, the truth or accuracy of the jobs, the ability of employers to offer job opportunities to subscribers or the ability of subscribers to fill job openings. In addition, there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website and/or the other ResumePostOffice Inc Sites.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this website, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, 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. If You are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the Website and/or the other ResumePostOffice Inc Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

We expect that you will use caution and common sense when using this Website.

The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of this website or the Website Content. The use of the ResumePostOffice Inc Website and the Website Content is at your own risk. Changes are periodically made to the Website and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material placed by you on this website.

The Company is not to be considered to be an employer with respect to your use of this website and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity offering jobs through this website.

THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE RESUMEPOSTOFFICE LLC SITES AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this website.

 

 

 

LIMITATION OF LIABILITY

RESUMEPOSTOFFICE INC’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

NO WARRANTIES

YOU ACKNOWLEDGE THAT RESUMEPOSTOFFICE IS ACTING AS A CONDUIT EMAILING RESUMES TO MULTIPLE RECRUITERS AND THAT IT MAKES NO WARRANTIES OF ANY KIND RELATING TO THE CAREER SITES TO WHICH YOUR RESUME WILL BE EMAILED AND AUTOMATICALLY SENT TO. RESUMEPOSTOFFICE WILL SIMPLY PASS THROUGH INFORMATION PROVIDED BY YOU AND WILL NOT VERIFY THE ACCURACY OF THAT INFORMATION NOR ACCEPT ANY RESPONSIBILITY FOR INACCURACIES OR CONDUCT INCONSISTENT WITH THE ACTIVITIES OF JOB SEEKERS.

RESUMEPOSTOFFICE IS NOT AN EMPLOYMENT AGENCY OR RECRUITING FIRM.   RESUMEPOSTOFFICE MAKES NO WARRANTEES OR GUARANTEES ABOUT ANY SUBSCRIBER'S ABILITY TO PROCURE EMPLOYMENT.  RESUMEPOSTOFFICE DOES NOT CONTROL ANY OF THE CAREER SITES IT POSTS TO, NOR DOES IT CONTROL ANY PORTION OF THE HIRING PROCESS RELATED TO ITS CUSTOMER.  RESUMEPOSTOFFICE THEREFORE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF ITS SITE, SERVICES, CONTENT, OR ITS EFFECTIVENESS IN MEETING THE EMPLOYMENT OR ANY OTHER OBJECTIVES OF ITS SUBSCRIBERS.  

FURTHERMORE NOTHING ON THE SITE SHALL BE CONSIDERED AN ENDORSEMENT, REPRESENTATION, ASSUMPTION OF RESPONSIBILITY OR WARRANTY WITH RESPECT TO ANY THIRD PARTY, WHETHER IN REGARDS TO THEIR WEB SITE, PRODUCTS, TECHNOLOGIES, SERVICES, BUSINESS PRACTICES OR OTHERWISE.

RESUMEPOSTOFFICE MAKES NO WARRANTIES OF ANY KIND RELATED TO ITS STANDARDIZATION AND INTERPRETATION OF THE INFORMATION GATHERED IN ITS FORMS IN ORDER TO PROVIDE INFORMATION TO CAREER SITES.   YOU ACKNOWLEDGE AND AGREE THAT ACCURACY OF YOUR PERSONAL INFORMATION ON CAREER SITES IS YOUR SOLE RESPONSIBILITY, AND THAT RESUMEPOSTOFFICE IS NOT RESPONSIBLE FOR CORRECTING, CHANGING OR MODIFYING ANY INFORMATION PROVIDED TO THIRD PARTIES ON YOUR BEHALF.

RESUMEPOSTOFFICE USES ITS BEST EFFORTS TO MATCH THE INFORMATION GIVEN BY YOU TO ENSURE THAT JOB AGENTS CAN MATCH THE TYPE OF POSITION(S) DESIRED. RESUMEPOSTOFFICE MAKES NO GUARANTEES THAT THE JOB AGENTS WILL MATCH JOB LEADS YOU DESIRE.

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Website.

Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a ResumePostOffice Site, (ii) any Website Content that you use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Additional Terms of Use.

The Company makes no claims that the Website Content may be lawfully viewed or accessed outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms of Use, ResumePostOffice Inc does not provide or make any undertaking as to the quality or nature of any of the products or services purchased through ResumePostOffice.com, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York applicable therein, without regard to conflict of laws.  The parties consent to the exclusive jurisdiction of the courts of, and venue and situs of the State of New York.

 

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.