Welcome to Midian Career Services ("Company," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and outplacement programs (collectively, the "Services").
By engaging our Services—whether as an employer purchasing outplacement services or certificates, or as an individual activating career transition support—you ("Client," "you," "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
Midian Career Services provides outplacement and career transition support, including but not limited to:
All Services are delivered on a schedule agreed upon between the Participant and the Company.
THIS IS A CRITICAL TERM OF OUR AGREEMENT.
4.1 No Job Guarantee.
Labor market conditions, economic activities, geography, personal skill levels, and the subjective evaluation of employers (including their preferences, perceptions, or biases) are major forces in determining employment outcomes. Midian Career Services does not and cannot guarantee any specific outcome — including job placement, interviews, or offers — for any Participant.
To Companies: You are purchasing access to professional career support, not employment results.
To Participants: We strengthen your strategy and presentation. The ultimate outcome depends on factors unique to you and the employer.
4.2 Services Are Preparatory, Not Placement. Our Services are designed to improve a Participant's job search capabilities and market presentation. We do not act as a staffing agency, recruiting firm, or placement service. We do not guarantee interviews, job offers, or any specific timeline for employment.
4.3 No Refund for Lack of Results. Because we do not guarantee employment outcomes, fees paid for Certificates or Services are not refundable based solely on a Participant's failure to secure employment, unless otherwise required by applicable law or expressly stated in a separate written agreement.
5.1 Employer Payment. Employers purchasing Certificates agree to pay the invoiced amount based on the number of employees who have affirmatively opted in to receive Services. Payment is due as specified on the invoice, typically prior to generation and delivery of Certificates.
5.2 Certificate Activation. Certificates must be activated by Participants within the timeframe specified on the Certificate (e.g., within six months or one year of issuance). Unused Certificates expire after the stated validity period.
5.3 Participant Responsibilities. Participants who activate Certificates agree to:
By using our Services, you agree not to:
Violation of this Code of Conduct may result in immediate termination of Services without refund.
7.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2 Limitation on Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIDIAN CAREER SERVICES, ITS OWNERS, OR ITS HR BUSINESS PARTNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF EMPLOYMENT OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.
7.3 Maximum Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PURCHASED ANY SERVICES FROM US.
7.4 Acknowledgment. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MIDIAN CAREER SERVICES
8.1 Information Accuracy. You represent and warrant that all information you provide to Midian Career Services—including but not limited to your resume, work history, education, and professional qualifications—is true, accurate, and complete to the best of your knowledge.
8.2 Authority (for Employers). If you are entering into this agreement on behalf of a company or employer, you represent and warrant that you have the legal authority to bind that entity to these Terms.
You agree to indemnify, defend, and hold harmless Midian Career Services, its owner, HR Business Partner, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
10.1 Advance Payment Required. All fees for Services are due in advance of delivery unless otherwise agreed in writing.
10.2 No Refunds. Except as required by applicable law or unless otherwise agreed in a separate written agreement, fees paid for Certificates and Services are non-refundable. This includes situations where a Participant fails to activate their Certificate, fails to engage with the Services, or does not secure employment.
10.3 Add-On Services. Interview preparation, offer negotiation assistance, and other add-on services are available at additional cost. These fees are also due in advance and are non-refundable.
10.4 Late Payment. If payment is not received by the due date, we reserve the right to suspend or terminate Services until payment is made.
11.1 Our Content. All content provided through our Services, including resume templates, guides, strategies, and written materials, is the intellectual property of Midian Career Services and may not be copied, reproduced, or shared without our express written permission.
11.2 Participant Materials. You retain ownership of your original resume content and personal information. However, you grant us a limited license to use, modify, and incorporate your materials for the purpose of delivering our Services to you.
12.1 By Us. We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
12.2 By You. You may terminate your participation in our Services at any time by providing written notice. However, fees already paid are non-refundable as provided in Section 10.
12.3 Effect of Termination. Upon termination, your right to use the Services will cease immediately. Any Certificates not yet activated will expire.
13.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
13.2 Dispute Resolution. Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties.
13.3 Mandatory Arbitration. If the dispute cannot be resolved through negotiation within thirty (30) days, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your County], Florida. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
13.4 Small Claims Exception. Either party may bring an individual action in small claims court in lieu of arbitration, provided the dispute falls within the court's jurisdiction.
You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services. This includes, without limitation, laws related to employment, discrimination, and data privacy.
If you provide your mobile phone number and opt in to receive text messages from Midian Career Services, you agree to receive transactional and service-related SMS messages. Standard message and data rates may apply. You may opt out at any time by replying "STOP." See our Privacy Policy for complete SMS terms.
16.1 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16.2 Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Midian Career Services regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice on our website. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.
If you have any questions about these Terms, please contact us at:
Email: tash@midiancareerservices.com
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