Last Revised: February 1, 2018
Findable One LLC (“Findable“, “we“, “our“) welcomes you (“you” or “User,” as such term is defined below) to www.findable.co (the “Website“) and to our Service (as defined below).
- The Terms may be amended by Findable, at Findable’s sole discretion from time to time. In case of a material change, we will use reasonable efforts to post a notice on the homepage of the Website and/or will send you an e-mail regarding such change to the email address that you provided to us during your registration process to the Website. Such material changes will take effect seven (7) days after notice was provided on the Website or via e-mail, whichever is the earlier. Otherwise, all other changes to the Terms are effective as of the stated “Last Revised” date and your continued use of the Website and/or the Service on or after the Last Revised date will constitute acceptance of and agreement to be bound by such amended Terms. Notwithstanding the foregoing, any amendments to the Terms implemented in order to comply with any legal requirements, will take effect immediately, or as required by the applicable law and without prior notice.
- The Service
- Findable offers services solely to potential employers interested in recruiting employees to be directly employed by such employers (“Potential Employers“) and to individual persons seeking job opportunities (“Applicants” and together with Potential Employers, the “Users”) through Findable’s online web-based platform (the “Service“).
- The Service is available only to individuals who (i) are at least fourteen (14) years old, or any older age required by any applicable law; (ii) possess the legal capacity to enter into these Terms and to form a binding contract under any applicable law, or have received the required consent from their legal guardian to enter into these Terms; and (iii) are not otherwise restricted by Findable from using the Service.
- The Website provides Users with the Service, the Profiles and additional information, such as contact information, text, files, logos, icons, images, data compilations, links, know-how, specifications materials, designs, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations techniques, processes, methods, products, and other technology and features available on or through the Website (collectively, the “Content“).
- Potential Employer’s Registration Process
- A Potential Employer must complete an application request for registration and access to the Service by submitting certain corporate information requested by Findable (“Potential Employer’s Profile“), and, if accepted, such Potential Employer will be able to register to the Service and open an account (each, a “Potential Employer’s Account“).
- A Potential Employer will receive a confirmation for joining the Service via email, to the email address provided thereby as part of the registration process.
- A Potential Employer must provide accurate and complete information during the registration process and Potential Employer agrees not to misrepresent Potential Employer’s identity or any other information provided thereby.
- Password use is strictly limited to the registered Potential Employer. Potential Employer may request additional passwords from Findable’s customer service in the event multiple individuals employed by such Potential Employer require access to Potential Employer’s Account.
- Potential Employer is responsible for maintaining the confidentiality of Potential Employer’s Account and password. Potential Employer may not disclose or share access to Potential Employer’s password with any third party, temporarily or permanently, and Potential Employer shall be responsible for all uses of Potential Employer’s Account and password, whether or not authorized by Potential Employer. Potential Employer agrees to immediately notify Findable of any unauthorized use of Potential Employer’s Account and/or password.
- Potential Employer can also sign up to the Service by importing Potential Employer’s Profile data into the Service from existing social media network accounts, such as LinkedIn or Facebook (each a “Social Network Account“). Should this be Potential Employer’s chosen method of registration, Potential Employer hereby grants Findable permission to access and use Potential Employer’s Profile information, through Potential Employer’s Social Network Account, as permitted by such third party service, and to store Potential Employer’s log-in credentials for Potential Employer’s Social Network Account to enable the Service.
- Once the Potential Employer’s Account is opened, the Potential Employer shall embed a link to the Website on its company website, through which Applicants seeking employment at such Potential Employer may submit their applications and resumes (each, a “Potential Employer Website”).
- Applicant’s Registration Process
- Applicant must complete an application request for registration and access to the Service by submitting certain personal information requested by Findable and if accepted, Applicant will be able to register to the Service and to open an account (each, an “Applicant’s Account”, and together with the Potential Employer’s Account, the “Accounts”).
- Applicant will receive a confirmation for joining the Service via email, as well as a personal password, to the email address provided thereby as part of the registration process.
- Following the opening of an Applicant Account, Applicant will be requested to create a personal profile through the Website, which shall include, inter alia, Applicant’s academic credentials and work experience (“Applicant’s Profile” and together with the Potential Employer’s Profile, the “Profiles”).
- Applicant must provide accurate and complete information during the registration process and Applicant agrees not to misrepresent Applicant’s identity or any other information provided thereby.
- Applicant may update or modify his/her Applicant Profile information at any time, as Applicant deems fit.
- Applicant is responsible for maintaining the confidentiality of Applicant’s Account and password. Password use is strictly limited to the registered Applicant. Applicant may not disclose or share access to Applicant’s password with any third party, temporarily or permanently, and Applicant shall be responsible for all uses of Applicant’s Account and password, whether or not authorized by Applicant. Applicant agrees to immediately notify Findable of any unauthorized use of Applicant’s Account and/or password.
- Applicant can also sign up to the Service and create an Applicant Profile by importing Applicant’s Profile data into the Service from an Applicant’s existing Social Network Account. Should this be Applicant’s chosen method of registration, Applicant hereby grants Findable permission to access and use Applicant’s information, through Applicant’s Social Network Account, as permitted by such third party service, and to store Applicant’s log-in credentials for Applicant’s Social Network Account to enable the Service.
Applicant’s Profile will be made visible to all Potential Employers, unless and to the extent (i) Applicant explicitly states that he/she is not seeking employment and does not want to be seen by any Potential Employers, in which case no Potential Employers will have access to Applicant’s Profile; (ii) Applicant identifies specified Potential Employers to whom Applicant agrees to have his/her Profile made visible to, in which case only such specified Potential Employers will have access to Applicant’s Profile; or (iii) Applicant identifies certain Potential Employers to whom Applicant refuses to have his/her Profile made visible to, in which case all Potential Employers other than the Potential Employers specified by Applicant will have access to Applicant’s Profile.
- Subscription; Fees
- Should a Potential Employer subscribe for access to an Applicant Profile(s) (excluding in the event that the applicable Applicant was directed to the Website via such Potential Employer’s Website), such Potential Employer will be required to pay Findable fees in accordance with the terms and conditions set forth on the Website.
- The pricing structures and Service subscription options will be displayed on the Website. Findable reserves the right to amend the pricing structure and/or Service subscription options from time to time and any such changes will be posted on the Website.
- Any fees paid by you to Findable in connection with your usage of the Website, the Service and/or the Content, are non-refundable, and any refunds made by Findable hereunder will be at Findable’s sole discretion.
- Use Restrictions
You agree not to and you shall not permit or assist any other party to:
- Use the Website, the Service and/or any Content for any illegal, immoral, unlawful and/or unauthorized purposes;
- Any of the following with respect to the Website, the Service and/or the Content, without the prior express written permission of Findable: (i) copy, remove or alter any copyright, trademark, patent or other proprietary notices; (ii) translate, deconstruct, reverse engineer, decompile, disassemble or otherwise attempt to discern the whole or any part or component thereof; (iii) alter, modify, adapt, translate or reproduce the whole or any part or component thereof, or merge the whole or any part or component thereof with or into other software or information, or create derivative works based thereon; (iv) directly or indirectly distribute, display or make available the whole or any part or component thereof, other than as permitted under these Terms; (v) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Findable’s proprietary rights, including Findable’s Intellectual Property Rights (as defined below) or (vi) take or authorize any action that could detrimentally interfere with the ownership by Findable or the proper workings of the whole or any part or component thereof, including but not limited to, use any robot, spider or other device or process to monitor or copy the whole or any part or component thereof;
- Use the Website, the Service and/or the Content in violation of any applicable law, and in particular, any applicable data protection, employment and anti-discrimination, privacy, intellectual property, anti-spam, export control and/or tax legislation;
- Interfere with or violate any User’s rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler any search or retrieval application, or use other manual or automatic device, process or method to access the Website, the Service and/or the Content and retrieve, index and/or data-mine information;
- Make any use of the Content on any other website or networked computer environment for any purpose;
- Transfer, sell, license or exploit for any purpose any use of or access to the Website, the Service and/or the Content other than for its expressly intended purpose;
- Upload to the Website, post, email, transmit or otherwise make available in connection with the Website, the Service and/or the Content any virus, worm, Trojan Horse, time bomb, web bug, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;
- Register an Account and/or upload a Profile on behalf of another party;
- Upload to the Website incomplete, false or inaccurate information or information which is not your own;
- Disturb, interfere with or disrupt the operation of the Website or the servers or networks that host the Website and/or disobey any laws, regulations, requirements, procedures or policies of such servers or networks;
- Provide false or misleading information, including but not limited to cloaking or altering the information that identifies the source, time and location any contact made with the Service via the Internet, misrepresenting your affiliation with any person or entity, misrepresenting your current or previous positions and/or qualifications, or expressing or implying that Findable endorses you, your site, your business or any statement you make or presenting false or inaccurate information about the Service and/or the Content;
- Use or access the Service in any manner for which it has not been designed or authorized;
- Attempt or obtain unauthorized access to any part of the Website, Service and/or the Content;
- Use any Content to establish a competing database or other competing service;
- Misrepresent the Content obtained from the Service or alter any Content provided by the Service; and/or
- Infringe and/or violate any of the Terms.
- Intellectual Property Rights
- You acknowledge that that the Website, the Service, the Content (other than the information provided by Users for their Profiles) and any and all intellectual property rights pertaining thereto, including without limitation, copyrights, database rights, domain names, trademarks, trademark applications, trade names, service marks and all goodwill associated therewith and symbolized thereby, patents, patent applications, inventions, discoveries, concepts, improvements, know-how, confidential information, trade secrets and design rights, in each case whether registered or unregistered and including all applications and rights to apply for registration, and all similar or equivalent rights (collectively, “Intellectual Property Rights“), are (i) solely and exclusively owned by and/or licensed to Findable and (ii) are protected by applicable copyright and other intellectual property laws and international conventions and treaties.
- Nothing herein shall be deemed to convey to you an interest in or to any Findable’s Intellectual Property Rights other than a limited revocable right of use in accordance with the Terms. Nothing herein constitutes a waiver of Findable’s Intellectual Property Rights under any law.
- “Findable”, “Findable’s marks, service marks, trade names and logos and any and all other proprietary identifiers used by Findable in connection with the Website, the Service and/or the Content (“Findable’s Trademarks“) belong solely to Findable, whether or not registered or registerable. All other trademarks, trade names and logos which may appear on the Website and/or on the Service or Content belong to their respective owners (“Third Party Trademarks“). Findable is not sponsored by, endorsed by or affiliated with the owners of the Third Party Trademarks. Any usage of Third Party Trademarks by Findable shall be considered nominative fair use under trademark law. No right, license or interest to either the Findable’s Trademarks and/or to the Third Party Trademarks is granted hereunder, and you will avoid using either Findable’s Trademarks and/or Third Party Trademarks, except as explicitly permitted herein.
- To the extent a User provides any feedback or suggestions to Findable (“Feedback“), Findable shall have an exclusive, worldwide, royalty free, fully paid up, perpetual and irrevocable license to incorporate the Feedback into any Findable current or future products, technologies and/or services and use the same for any purpose, without a User’s approval and without any compensation payable to such User. The Users agree that any Feedback shall be deemed non-confidential. Furthermore, the Users warrant that their Feedback is not subject to any license terms that would purport to require Findable to comply with any additional obligations with respect to any Findable current of future products, technologies or services that incorporate any Feedback.
- Third Party Features
- User Content
- You represent and warrant that you are the lawful owner of all content you create or provide through the Website, the Service and/or the Content including without limitation, with regard to the Potential Employer, your Potential Employer Profile, and with regard to the Applicant, your Applicant’s Profile (“User Content“), or that you have (and will continue to have) all the necessary licenses, rights and consents from the lawful owners of such User Content to use the User Content and that the User Content does not infringe any third party intellectual property rights or other rights.
- You undertake and agree to respect the proprietary rights, including intellectual property rights and privacy rights, of any third parties who have any rights with respect to the User Content. IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE UPLOADING OF ANY PERSONAL INFORMATION OF THIRD PARTIES FORMING PART OF THE USER CONTENT AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.
- You undertake and agree to refrain from uploading any User Content which is unlawful for you to possess, post, link or upload in the country in which you are resident, or which would be unlawful in any country for Findable to use or display on the Website and/or in connection with the Service or Content, including without limitation, any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive, hateful, racist, discriminatory or fraudulent.
- You understand and agree that you are solely responsible for your User Content and the consequences of making the User Content available through the Website, the Service and/or the Content and Findable does not assume any liability for any loss, damage, cost or expense that you or any third party may suffer or incur as a result of or in connection with any User Content.
- Although Findable has no obligation to screen, edit or monitor any User Content uploaded to the Website, Findable reserves the right, at its sole discretion, to remove or edit, without providing prior notice, any User Content uploaded to the Website at any time and for any reason, and you are solely responsible for creating backup copies of your User Content you make available via the Website, the Service and/or the Content at your sole expense.
- You hereby grant Findable a non-exclusive, worldwide, transferable and sublicensable, royalty free and perpetual license to use, copy, modify, distribute, publish and process your User Content for the purpose of operating the Website and/or providing the Service or Content.
- The User Content provided by Applicants, including without limitation any information in Applicant’s Profile, is provided solely by the respective Applicant and is not a recommendation or suggestion of any kind to employ any Applicant; nor is it a guarantee or warranty of any Applicant’s capabilities or credentials. Findable does not guarantee or warrant or conduct a verification with respect to the accuracy of any of the User Content, including without limitation, the Profiles, and does not guarantee that any Applicant will fulfill any undertakings and/or representations made on or through the Website, the Service and/or the Content.
- The User Content provided by Potential Employers, including without limitation any information in Potential Employer’s Profile and/or any job offers published by any Potential Employers on the Website, is provided solely by the respective Potential Employer. Findable does not have any obligation to screen any Potential Employer’s Profile and/or any job offer published by any Potential Employer on the Website and Findable assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Potential Employer’s Profile and/or any job offer.
- Potential Employer and Applicant Relationship
- Should a Potential Employer contact and/or propose a job offer to an Applicant, the terms of employment shall be negotiated and agreed upon, if at all, between the Applicant and Potential Employer directly, and Findable will not be involved in nor does it have any control over such process or the completion thereof, if at all, and will have no liability with regard thereto.
- Findable neither warrants, represents nor guarantees that by using the Website, the Service and/or the Content (i) an Applicant will be contacted by a Potential Employer, receive a job offer and/or will be successfully placed in a job, (ii) a Potential Employer will be successful in recruiting an employee, (iii) a Potential Employer will comply with any and all applicable labor laws relating to the recruitment of an Applicant, including without limitation, non-discrimination against an Applicant based on age, sex, religion or otherwise, and/or (iv) a Potential Employer will not negatively affect or terminate the employment of an Applicant based on User Content of such Applicant.
- Findable neither warrants, represents nor guarantees any applicants’ suitability for employment, legal employment eligibility or visa status and it is your responsibility to have or obtain any necessary working right, permit or license.
- Upon request by an Applicant, the applicable Potential Employer shall immediately cease any and all communication with such Applicant.
- Should a dispute arise between any Applicant and a Potential Employer in connection with the foregoing or otherwise, you hereby agree that Findable shall not be held liable for any loss or damages suffered by you as result of such dispute and you hereby release and hold harmless Findable from any loss, damage and/or liability in relation thereto.
- Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITED UNDER LAW, THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND FINDABLEAND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND LICENSORS (COLLECTIVELY, “FINDABLE’S REPRESENTATIVES“) DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE.
FINDABLE MAKES NO WARRANTY THAT (I) THE WEBSITE, THE SERVICE AND/OR THE CONTENT ARE OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS, WORMS, OR OTHER HARMFUL COMPONENTS, (II) ANY ERRORS OR DEFECTS IN THE WEBSITE,THE SERVICE AND/OR THE CONTENT WILL BE CORRECTED AND/OR (III) THE RESULTS OF USING THE WEBSITE, THE SERVICE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND/OR WILL BE ACCURATE AND/OR RELIABLE AND FINDABLE IS NOT AND SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS, FAULTS OR OMISSIONS RELATED TO ANY CONTENT CONTAINED IN THE WEBISTE, THE SERVICE AND/OR THE CONTENT.
FINDABLE IS NOR RESPONSIBLE AND HAS NO LIABILITY FOR ANY SERVICE PROVIDED BY ANY THIRD PARTY AND NOT UNDER FINDABLE’S CONTROL, INCLUDING WITHOUT LIMITATION, ANY ACTION OF A POTENTIAL EMPLOYER OR ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AND SERVICE AVAILABLE WITHIN THE WEBSITE, THE SERVICE AND/OR THE CONTENT.
YOU AGREE THAT THE USE OF THE WEBSITE, THE SERVICE AND THE CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FINDABLE OR THROUGH OR FROM THE WEBSITE, THE SERVICE AND/OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FINDABLE AND/OR FINDABLE’S REPRSENTATIVES BE LIABLE TO YOU OR TO OTHERS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, AND INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OPPORTUNITIES, REPUTATION, BUSINESS INTERUPTION OR OTHER INTANGIBLE LOSSES ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, THE SERVICE AND/OR THE CONTENT AND/OR THE FAILURE OF THE WEBSITE, THE SERVICE AND/OR THE CONTENT TO PERFORM AS REPRESENTED OR EXPECTED OR FROM THE FAILURE OF FINDABLE TO PERFORM UNDER THESE TERMS AND/OR FROM ANY OTHER ACT OR OMISSION OF FINDABLE OR BY ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER FINDABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITED BY LAW, FINDABLE’S AND FINDABLE’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER AND/OR IN CONNECTION WITH A USER’S USE OR INABILITY TO USE THE WEBSITE, THE SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO AN AMOUNT THAT IS THE LESSER OF (I) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID HEREUNDER, IF ANY OR (II) US$500. YOU ACKNOWLEGDE AND AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE, THE SERVICE AND/OR THE CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL FOREVER BE BARRED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability as set forth herein. In those jurisdictions, the disallowed exclusions should be regarded as deleted and severed from the terms.
- You agree to defend, indemnify and hold harmless Findable and Findable’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any of the Terms; (ii) your violation of any third party rights, including without limitation, any intellectual property rights or privacy rights of any third party in connection with your use of the Website, the Service and/or the Content; (iii) the Profiles and other User Content that you provide through your use of the Website, the Service and/or the Content; and (iv) your use of any of the Content.
- Without derogating from the foregoing, Findable reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, without excusing you from your indemnification obligations hereunder, and you will fully cooperate with Findable in asserting any available defenses. You agree not to settle any matter subject to an indemnification obligation by you without first obtaining Findable’s prior express written approval.
- Direct Marketing
You hereby agree that Findable shall use your contact details for the purpose of informing you regarding products and services (offered by Findable and/or by third parties) which may interest you and to send you advertisements and other marketing material. It is clarified that Findable is not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that Findable shall not be held responsible or liable in connection thereof. You may withdraw your consent via sending a written notice to Findable by email to the following address: email@example.com or in the same manner that the advertising was transmitted to you.
The Website’s, Service’s and/or the Content availability and functionality depend on various factors beyond Findable’s control, such as communication networks, telecommunication links’ availability etc. and from time to time technical difficulties may render the Service inoperable. Accordingly, Findable does not warrant or guarantee uninterrupted Service and accepts no liability for any such interruption.
- Changes to the Website, the Service and/or the Content
Findable reserves the right, at Findable’s sole discretion, to modify, correct, amend or make any other changes to, or discontinue, temporarily or permanently, the Website, the Service and/or the Content or any part thereof, without notice and at any time. You agree that Findable shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the Service and/or the Content and/or for the loss of any data at any time.
- The Terms shall remain in effect until terminated as set forth herein. Your failure to comply with any provision of the Terms and/or your misuse of the Website, the Service and/or the Content shall terminate your right to use the Website, the Service and/or the Content and any and all rights granted to you hereunder. In such circumstances, Findable may temporarily or permanently, at Findable’s discretion, limit, suspend or terminate your Account, your Profile and/or access to the Website, the Service and/or the Content without notice, in addition to any other remedies that may be available to Findable under any applicable law. Without limiting the generality of the foregoing, Findable may terminate or suspend your Account if we believe, in our sole discretion, that (i) there is a threat to the security or integrity of your Account, our network or our servers, (ii) it is necessary in order to protect the rights, property or safety of Findable, its users or the public, or (c) we are required to so under law.
- If you object to any term hereof, as may be amended from time to time, or if you become dissatisfied with the Website, the Service and/or the Content, or for any other reason, you may terminate the Terms at any time by ceasing your use of the Website, the Service and/or the Content and this will be your sole and exclusive remedy in such circumstances.
- Upon termination of the Terms for any reason (i) your Account will be automatically disabled, (ii) all rights granted to you under these Terms will immediately terminate and (iii) you will immediately cease all use of and access to the Website, the Service and/or the Content.
- The provisions of these Terms which by their nature survive the termination of these Terms shall survive termination of these Terms. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Indemnification and General provisions will survive the termination of the Terms for any reason whatsoever.
- For the removal of doubt, Potential Employers’ right to use any User Content shared by an Applicant through the Website or the Service shall, to the extent clicked-on or accessed by such Potential Employer prior to termination of these Terms, survive termination of these Terms for any reason.
- These Terms constitute the entire agreement between you and Findable relating to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Findable.
- Any claim relating to the Website, the Service and/or the Content will be governed by the laws of the State of New York, United States and any dispute arising out of or related to the Website, the Service and/or the Content will be brought in, and you hereby consent to the exclusive jurisdiction and venue of the competent courts of New York, New York. Notwithstanding the foregoing, Findable may seek injunctive relief in any court of competent jurisdiction.
- The Terms do not and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties hereto.
- The failure of any party to exercise or enforce any right hereunder or provision hereof shall not constitute a waiver of such right or provision.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience and has no legal or contractual effect.
- If any provision hereof is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
- You may not assign or transfer these Terms and/or any rights and obligations hereunder without Findable’s prior written consent and any attempt to so in violation of the foregoing shall be null and void and of no effect. You agree that Findable may transfer or assign, in whole or in part, any of Findable’s rights under these Terms to any person or entity controlled by or under common control with Findable, to any successor to all or substantially all of the business or assets of Findable or in connection with the transfer of the operations of Findable related to these Terms.
- Notices to you may be made via either updates to the Website, or email or regular mail in accordance with the contact details provided in your Account.