Please read these Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your relationship with 360Candidate, Inc. (“360Candidate,” “we,” “us,” or “our”) and are the terms and conditions under which 360Candidate makes the internet website at www.360Candidate.com (the “Website”), and the services available on the Website or otherwise provided by 360Candidate (the “Services”), available to each person or entity accessing or using the Website or the Services (“you” or “your”).
These Terms and Conditions, together with any and all other terms, conditions, rules, policies, or procedures published on the Website (“Additional Terms”) from time to time (collectively, the “Agreement”), each as updated from time to time by 360Candidate, constitutes a binding, legal agreement between 360Candidate and you.
By using the Website or the Services, you hereby agree to be bound by the Agreement. If you do not agree with all of the terms of the Agreement, do not use the Website or the Services or any information contained on the Website. 360Candidate may make changes to the content and Services offered on the Website at any time and from time to time.
360Candidate may make changes to these Terms and Conditions at any time and from time to time. When changes are made, 360Candidate will post updated Terms and Conditions on the Website. You should revisit these Terms and Conditions on a regular basis, as revised versions will be binding on you. Any such changes will be effective upon our posting of new Terms and Conditions. You understand and agree that your continued access to or use of the Website or the Services after any posted changes to these Terms and Conditions indicates your acceptance of such modifications.
You hereby warrant that if you are a corporation or other legal entity, you are validly formed and existing under the laws of your jurisdiction and you have duly authorized your agents or representatives to enter into the Agreement and, if an individual, you are of the age of majority in your place of residence.
1. Our Services. The Services include, without limitation, an internet-based application that: (a) assists employers, hiring managers and recruiters (collectively, “Recruiter(s)”) in automating much of the hiring and screening process; and (b) helps Recruiters find qualified people who are seeking jobs (“Candidate(s)”).
2. Recruiter Account, Fees and Subscription. If you are a “Recruiter,” this Section 2 applies to your access to and use of the Website and the Services (in addition to all of the other sections of the Agreement other than Sections 3 and 4).
2.1. Recruiter Account. To use the Website and the Services, you shall create an account with us (“Recruiter Account”). You shall provide only accurate, complete account information, and you will keep such account information updated as it changes. You acknowledge and agree that: (a) your Recruiter Account is for your sole use; and (b) you are responsible for preventing any unauthorized use of your Recruiter Account.
2.2. Account Password/Security. In connection with creating your Recruiter Account, you shall choose a user name and password, subject to our guidelines. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur under your Recruiter Account. You agree to notify us immediately of any unauthorized use of your Recruiter Account or any other breach of security. 360Candidate shall not be liable for any loss that the you may incur or suffer as a result of a third party using your user name, password, or Recruiter Account, either with or without your knowledge. You acknowledge and agree that you may be held liable for losses incurred by us and/or another party due to a third party using your user name, password, or Recruiter Account.
2.3. Payment Information. In connection with creating your Recruiter Account, you must provide current, complete, and accurate Payment Information (as defined below), and you are solely responsible for updating such Payment Information as necessary. You hereby authorize us, from time to time, to take steps to determine whether the Payment Information is accurate and valid. We reserve the right to terminate the Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete, or not current at any time. You shall be responsible for any overdraft charge or other fees that may be incurred by our use of your Payment Information. The term “Payment Information” means your information related to billing and payment matters collected by us (or our third-party partners) during the creation of the Recruiter Account and includes a valid debit card or credit card number with available credit sufficient to pay the applicable Fees and/or Subscription Fees (as defined below) and other information as required by us.
A. You must pay the applicable fees to the Services. In connection with your Recruiter Account, each time you set up an individual screening in the Services you must pay the applicable fee or be within the number of allowable number of screenings available to you under a paid multi-screening fee.
B. You are responsible for all fees related to the Services (“Fees”), and you hereby authorizes us to obtain payment of all such Fees in accordance with the your Payment Information. You shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency except those taxes based on our net income. In the event you fail to satisfy your tax and/or duty obligations herein, you shall reimburse us upon demand for any taxes and/or duties paid on your behalf and shall indemnify and hold us harmless against any claim and/or liability (including penalties) resulting from your failure to pay such taxes and/or duties.
A. You may purchase a paid subscription to the Services (“Subscription”). In connection with creating a screening, you may select the initial subscription program that you desire depending on Fees paid.
B. You are responsible for all fees related to the subscription program that you choose for the Services (the “Subscription Fees”), and you hereby authorizes us to obtain payment of all such Subscription Fees in accordance with the your Payment Information. You shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency except those taxes based on our net income. In the event you fail to satisfy your tax and/or duty obligations herein, you shall reimburse us upon demand for any taxes and/or duties paid on your behalf and shall indemnify and hold us harmless against any claim and/or liability (including penalties) resulting from your failure to pay such taxes and/or duties.
C. Your Subscription is on a continuous service basis. This means that, subject to the terms of the Agreement and your choice of Subscription, we will automatically renew your Subscription at the end of its term unless your Subscription is canceled using the tool in your Recruiter Account at any time prior to the end of the then-current Subscription term. You will be charged a renewal rate equal to the Subscription Fee for the immediately preceding Subscription period, based upon the subscription program that you have chosen, unless you have chosen a different subscription program or we have notified you of any new rate in advance. A cancellation of your Subscription will become effective on the date that the then-current Subscription period expires.
2.6. Trial and Promotional Offers. From time to time, we may offer certain trial or promotional offers. We reserve the right to discontinue or modify coupons, credits, trials, and promotional offers at our sole discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions, or any other discounts, and are limited to one per Recruiter. The details of any trial or promotional offers applicable to you shall be listed in your Recruiter Account.
3. Candidate Account. If you are a “Candidate,” this Section 3 applies to your access to and use of the Website and the Services (in addition to all of the other sections of the Agreement other than Sections 2 and 4).
3.1. Candidate Account. To use the Website and the Services, you shall create an account with us (a “Candidate Account”). You shall provide only accurate, complete account information, and will keep that account information updated if it changes. You acknowledge and agree that: (a) your Candidate Account is for your sole use; and (b) you are responsible for preventing any unauthorized use of your Candidate Account.
3.2. Account Password/Security. In connection with creating your Candidate Account, you shall choose a user name and password, subject to our guidelines. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur under your Candidate Account. You agree to notify us immediately of any unauthorized use of your Candidate Account or any other breach of security. 360Candidate shall not be liable for any loss that you may incur or suffer as a result of a third party using your user name, password, or Candidate Account, either with or without your knowledge. You acknowledge and agree that you may be held liable for losses incurred by us and/or another party due to a third party using your user name, password, or Candidate Account.
4. Reference Account. If you are a “Reference,” this Section 4 applies to your access to and use of the Website and the Services (in addition to all of the other sections of the Agreement other than Sections 2 and 3).
4.1. Reference Account. To use the Website and the Services, you will be diven to the site through a link which will allow you access to complete the reference (a "Reference Account"). You shall provide only accurate, complete account information, and will keep that account information updated if it changes. You acknowledge and agree that: (a) your Reference Account is for your sole use; and (b) you are responsible for preventing any unauthorized use of your Reference Account. You hereby agree that a recruiter shall have the right, but not the obligation to follow-up with you regarding any Candidate that you had provided a reference through the Website or Service.
4.2. Account / Security In connection with creating your Reference Account, you shall be in full control of your email and the direct link to the Website. You are solely responsible for such information and all activities that occur under your Reference Account. You agree to notify us ....
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5.1. You acknowledge and agree that: (a) all information, data, text, software, music, sound, photographs, images, video, messages, or other materials communicated or transmitted using the Website or the Services (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated; (b) you, and not us, are responsible for all Content that you upload, post, email, distribute, communicate, transmit, or otherwise make available using the Website or the Services or that is otherwise made available through the use of your account (whether a Recruiter Account, Candidate Account or Reference Account), whether or not authorized by you; (c) you shall not revise Content posted by others; and (d) your access and use the Website and the Services at your own risk and, by using the Website and the Services, acknowledge that you may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
5.2. You further acknowledge and agree that we do not control the Content originating from any user of the Website and the Services, and do not guarantee the accuracy, integrity, or quality of such Content. Notwithstanding the foregoing, we may review all Content and may block, modify, terminate access to, or remove any such Content that we, in our sole discretion, believe does not comply with any of the requirements of the Agreement; however, we are not obligated to do so.
5.3. We reserve the right to purge Content from the Website or Service at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content that you upload to the Website or that you receive through the use of the Services. We shall not be liable for any purging, deletion, or failure to retain any such Content.
5.4. We may disable your account (whether a Recruiter Account, a Candidate Account or a Reference Account) and your access to or use of the Website and/or the Services and we may recover from you any losses, damages, costs, or expenses incurred by us resulting from or arising out of your non-compliance with any provision of the Agreement.
6. Conduct. In connection with your use of the Website and the Services, and without limiting any of your other obligations under the Agreement or applicable law, you: (a) shall comply with: (i) the Agreement, including any and all other policies as published on the Website from time to time; (ii) all applicable federal, state, local, and international laws, including the CAN-SPAM Act of 2003, and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property, or child protective email address registries; (iii) all other rules or regulations applicable to you, including regulations promulgated by the U.S. Securities and Exchange Commission and similar regulatory authorities throughout the world, and the rules of any securities exchange; and (iv) all privacy policies or similar policies or procedures to which you may be bound that are related to your use of the Services; (b) shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; (iii) that violates the privacy, publicity, or other rights of any party; (iv) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement); or (v) that comprises or includes any “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any similar form of solicitation; (c) shall not conduct or promote any illegal activities while using the Website or the Services; (d) shall not upload, distribute, or print anything that may be harmful to minors or otherwise use the Website or the Services to harm minors in any way; (e) shall not use the Website or Services to generate unsolicited email advertisements or spam; (f) shall not impersonate any other person or entity, or falsely state or otherwise misrepresent your affiliation with any other person or entity; (g) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with or jeopardize the Website or the Services in any manner, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; (h) shall not attempt to gain access to secured portions of the Website to which you do not possess access rights; (i) shall not interfere with or disrupt the Website or the Services or servers or networks connected to the Website or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or the Services; (j) shall not use any automatic or manual process to search or harvest information from the Website or Services, or to interfere in any way with the proper functioning of the Website and the Services; and (k) shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Website, or the Services. You further acknowledge and agree that we may cooperate with any governmental authority in connection with any investigation into your use of the Website or the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to you or to your use of the Website or the Services, to such governmental authority in connection with any such investigation.
With regard to each Candidate, each Candidate hereby acknowledges that facts set forth in the screening and any supplemental information are true and complete to the best of your knowledge. You understand that, if employed, falsified statements shall be considered sufficient cause for immediate termination. You hereby authorize investigation of all statements contained in your screening and recruiters to give you any and all information concerning employment, and any pertinent information recruiters may have, and release all parties from all liability for any damage that may result from furnishing the same. You understand that neither the completion of the screening nor any other part of your consideration for employment establishes any obligation for the recruiter to hire you. If you are hired, you understand that the recruiter can terminate your employment at any time and for any reason, with or without cause and without prior notice. You understand that no representative of the recruiter has the authority to make any assurance to the contrary.
7. Non-Confidentiality and Security. You understand that information that you submit to us is submitted precisely for the purpose of public disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. We will use reasonable efforts to maintain the security and integrity of information you provide to us. However, you acknowledge and agree that we cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur.
8. Indemnity. You shall indemnify, defend, and hold harmless us, our affiliates, and our and the respective directors, officers, employees, agents, and representatives, from and against all claims, demands, damages, liabilities, and costs (including attorneys’ fees on a full indemnity basis) arising out of or in connection with: (a) your use of the Website or the Services or any Content that you post to the Website, including your use of or reliance on any information or materials obtained through the use of the Website or the Services; (b) any other use of the Services by a third party using your account (whether or not authorized by you); (c) your breach of the Agreement, including any of your representations and warranties under the Agreement; or (d) your contravention of any applicable law.
9. Termination. The Agreement will automatically terminate, without notice or liability, in the event that you violate any of the terms and conditions set forth in the Agreement. In the event of any termination, you will immediately cease access to the Website, and you agree to promptly pay any outstanding Fees or Subscription Fees owed under the Agreement, if applicable.
10. Provisions of the Website and the Services.
10.1. We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or your access thereto, and to modify, suspend, or delete the Website or any part thereof, with or without notice. You acknowledge and agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any modification, suspension, or deletion of the Website.
10.2. WE HAVE NO CONTROL OVER, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING, THE QUALITY, TRUTH, ACCURACY, OR LEGALITY OF THE CONTENT POSTED BY USERS OF THE WEBSITE AND THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON A “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND YOUR ACCESS TO AND/OR USE OF WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
10.3. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, SUITABILITY, RELIABILITY, COMPLETENESS, AVAILABILITY, QUALITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OF THE WEBSITE OR THE SERVICES, OR THAT PROBLEMS WILL BE CORRECTED.
10.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION.
10.5. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
10.6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE WEBSITE.
10.7. WE ARE NOT AN EMPLOYMENT AGENCY OR A RECRUITING FIRM, AND MAKE NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE WEBSITE OR THE SERVICE IN MEETING YOUR OBJECTIVES. WE DO NOT GUARANTEE ANY RESULTS, AND ARE NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS.
10.8. WE ARE NOT A LAW FIRM, AND MAKE NO REPRESENTATIONS OR GUARANTEES REGARDING COMPLIANCE WITH ANY LAWS, RULES OR REGULATIONS. IF YOU DO HAVE ANY QUESTIONS REGARDING COMPLIANCE WITH ANY LAWS, RULES OR REGULATIONS YOU SHOULD CONSULT YOUR COUNSEL.
10.9. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10.10. If you are located in a country embargoed by the United States, or are on the U.S Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any services from us.
11. LIMITATIONS AND EXCLUSIONS OF LIABILITY.
11.1. IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THE AGREEMENT AND DISCONTINUE USING THE WEBSITE AND THE SERVICES.
11.3. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, WE, ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES IS LIABLE TO YOU FOR ANY AMOUNTS UNDER THE AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, OUR (OR SUCH AFFILIATES’, DIRECTOR’S, OFFICER’S, EMPLOYEE’S, AGENT’S, OR REPRESENTATIVE’S, AS APPLICABLE) TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE LESSER OF: (a) THE AMOUNT OF NINETY-NINE DOLLARS ($99.00), AND (b) THE AMOUNTS ACTUALLY RECEIVED BY US FROM YOU UNDER THE AGREEMENT.
11.4. YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO OFFER THE WEBSITE OR THE SERVICES, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE YOUR REMEDIES UNDER THE AGREEMENT TO FAIL OF THEIR ESSENTIAL PURPOSE. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to you to that extent.
12. Intellectual Property Rights. The Website and the Services and all information and screens appearing on the Website, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of 360Candidate, Inc. or its third party licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. We reserve all rights in the Website and the Services that are not expressly granted. Trademarks, names, and logos on the Website are the property of their respective owners. Nothing in the Agreement shall be deemed to assign or transfer to you any rights to any such intellectual property. You further acknowledge and agree that Content made available to you through the Services may be subject to the intellectual property rights of third parties. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Website. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to third-parties, including but not limited to our contractors who help us provide the Services. Each Recruiter hereby agrees to allow us to use any logo uploaded for the service as part of our marketing and promotion of our business.
14.1. Relationship of the Parties. You and 360Candidate are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between us.
14.2. Force Majeure. Neither party will be responsible for any delay, interruption, or other failure to perform under the Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, without limitation, natural disasters (e.g., lightning, earthquakes, hurricanes, floods, etc.); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause.
14.3. No Third Party Beneficiaries. No person or entity not a party to the Agreement will be deemed to be a third party beneficiary of the Agreement or any provision hereof.
14.4. Third Parties Websites. We may provide references, frames, or hyperlinks to internet websites maintained by third parties. We do not warrant that we have reviewed such third party websites and make no claims, representations, or warranties regarding such third party websites or the contents of the same. We are not responsible for, nor do we endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.
14.5. Legal Obligations. You acknowledge and agree that you, and not us, are responsible for determining which laws may apply to your use of the Website and the Services and assessing your obligations under such laws.
14.6. Notices. All notices and other communications required or permitted to be given by us to you under the Agreement will be deemed to be properly given on the date when: (a) posted on the Website; (b) sent by email to the email address for you last recorded by us; or (c) sent by postal mail to the postal address for you last recorded by us. You may give notices to us under the Agreement by email to legal@360Candidate.com.
14.7. Entire Agreement. The Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of the Agreement shall be valid or binding on either party unless agreed to in writing by both parties.
14.8. Governing Law. The Agreement shall be governed by the laws of the state of California, without reference to its conflicts of law rules, and the parties hereby submit to the exclusive jurisdiction and venue of the courts of the county of Los Angeles, California
14.9. Assignment. You may not assign the Agreement without our prior written consent, which may be withheld in our sole discretion. We may assign the Agreement at any time without notice to or consent from you.
14.10. No Waiver. Our failure to enforce any right or provision of the Agreement shall not constitute a waiver of that provision or of any other provision of the Agreement.
14.11. Severability. If any provision of the Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Agreement and the other provisions shall remain in full force and effect. To the extent a provision is deemed invalid, illegal, or unenforceable, the parties agree to comply with the remaining terms of the Agreement in a manner consistent with the original intent of the Agreement.
14.12. References. Pronouns contained in the Agreement shall apply equally to the feminine, neuter, and masculine genders. The singular shall include the plural, and the plural shall include the singular. The use of the terms “includes” and “including”, and similar terms, shall be deemed not to limit what else might be included.
14.13. Captions and Headings. Captions and headings are used herein for convenience only, are not a part of the Agreement, and shall not be used in interpreting or construing the Agreement.
14.14. Beta version. The terms of this subsection 14.14 shall only apply to you with respect to any “Beta” version of any of the Website and Services (the “Beta Services”) made available to you for purposes of evaluation and feedback and not for production or commercial use. You acknowledge that the Beta Service(s) you are evaluating may contain bugs, errors, and other problems and is provided to you “as-is.” Therefore, to the extent permitted by applicable law, we disclaim any warranty, condition, and/or liability obligations to you of any kind with respect to the Beta Services. You further acknowledge the importance of communication between us and you during your use of the Beta Services and participation in our Beta program and hereby agree to receive related correspondence and updates from us. In the event you request to opt-out from such communications, your participation in our Beta Services program will be canceled. You also hereby acknowledge that we have not made any representations, promises, or guarantees that the Beta Services will ever be announced or made available to anyone in the future and that we have no express or implied obligation to you to announce or introduce the Beta Services. During our Beta Services program, you will be asked to provide feedback regarding your use of the Beta Service(s) and you hereby grants to us a perpetual, royalty-free worldwide license to use, disclose, and/or incorporate such feedback into any of our products or services (including the Beta Services) at any time at our sole discretion. With respect to the Beta Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.