Welcome to Job Trends India ("Company," "we," "us," or "our"). We manage and operate the website and application located at www.jobtrendsindia.com ("the Site"), along with any associated products and services that are governed by these terms of service ("Legal Terms"). Collectively, these are referred to as the "Services."
These Legal Terms form a binding agreement between you—either as an individual or on behalf of an entity ("you")—and Job Trends India, regarding your use of the Services. BY ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE LEGAL TERMS. IF YOU DO NOT ACCEPT THESE LEGAL TERMS IN FULL, YOU MUST NOT USE THE SERVICES AND SHOULD EXIT IMMEDIATELY.
We will notify you in advance of any planned changes to the Services. Changes to the Legal Terms will take effect immediately upon their publication or as communicated through an email notification to support@jobtrendsindia.com, as outlined in the notification. Your continued use of the Services after such changes have taken effect confirms your agreement to adhere to the revised terms.
A. USER REPRESENTATIONS
B. USE TO BE IN CONFORMITY WITH THE PURPOSE
C. RECRUITER TERMS:
By accessing the features provided to recruiters, including but not limited to viewing candidate profiles, posting jobs, downloading resumes, bulk downloading resumes, and downloading candidate data in CSV format, you agree to the following terms and conditions:
1. The Job Trends India Recruiter profile may be updated/edited etc. by the user alone. The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
2. Job Trends India reserves its right to reject and delete any profile or information/data fed in by the user without assigning any reason.
3. Job Trends India shall in no way be held liable for any information received by the user and it shall be the sole responsibility of the user to check, authenticate and verify the information/response received at its own cost and expense.
4. The user represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Terms or to install and use the services subscribed and purchased with minimal risk of harm to you or others.
5. All changes / modifications made by the user to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.
6. On registration you agree:
a. to make your profile available for display in the public domain.
b. and understand that when you post a job on Job Trends India platform or trigger an email to a job seeker, a snapshot of your public profile on Job Trends India may automatically get inserted into the postin/gmail (existing or new job listing on Job Trends India platform).
c. that you have the requisite authority to upload the job listings that are posted through the profile created by you in this section of Job Trends India platform.
d. The User understands that s/he shall have the option to control the visibility of their profile by adjusting their profile settings. They can choose to make their profile visible or invisible to recruiters at any time.
e. If the User chooses to make their profile visible to recruiters, the Recruiter will have access to the User’s profile, including their profile photo, posts, comments, interests, activity on our website, their overall performance stats in Problem of the Day, Courses, Contests and any other information visible on the user’s profile.
f. If the user does not want these details to be visible, they can disable the visibility function in their account settings.
7. Compliance with Applicable Laws and Regulations:
a. Recruiters must comply with all local, state, and federal laws and regulations pertaining to recruitment, employment, and data privacy.
b. Recruiters are solely responsible for ensuring that their usage of the provided features is in accordance with applicable laws and regulations.
8. Account Security:
a. Recruiters are responsible for maintaining the confidentiality and security of their account login credentials.
b. Recruiters must not share their login credentials with any unauthorized individuals.
c. Recruiters are liable for any activities conducted through their account.
9. Job Posting:
a. Recruiters can utilize the feature to post job vacancies at their organization.
b. Job postings must be accurate, complete, and comply with all applicable laws and regulations.
c. Recruiters must not post misleading, discriminatory, inappropriate, or offensive job listings.
10. Candidate Profile Viewing:
a. Recruiters may use the feature to view candidate profiles for the sole purpose of evaluating their suitability for the posted job positions.
b. Recruiters must not misuse candidate profile information for any purposes other than recruitment and employment.
11. Resume Download:
a. Recruiters have the ability to download resumes of candidates who have applied for their job vacancies.
b. Downloaded resumes must be used solely for recruitment and employment purposes.
c. Recruiters must not disclose or share downloaded resumes with any unauthorized parties.
d. Recruiters may have the ability to bulk download resumes, but they must follow all data protection rules when doing so. Furthermore, they must not download resumes with the intention of sharing them with another person, business, or company for any reason.
e. The Recruiter acknowledges that sharing a candidate’s CV with anybody outside the scope of this agreement is a breach of these conditions and that they may be held liable to compensate Job Trends India for doing so.
12. Candidate Data Download in CSV Format:
a. Recruiters have the ability to download candidate data in CSV format for recruitment and analytical purposes.
b. Downloaded data must be handled with care and in compliance with applicable data protection laws and regulations.
c. Recruiters must not use the downloaded data for any unauthorized purposes or share it with unauthorized individuals.
13. Disclaimer of Liability:
a. The platform provider does not guarantee the accuracy, completeness, or suitability of any candidate profiles, job postings, resumes, or candidate data.
b. Recruiters use the provided features at their own risk, and the platform provider will not be held liable for any damages or losses incurred.
By accessing the provided features, you indicate your acceptance of these terms and conditions. If you do not agree with any part of these terms, please refrain from using the features.
DATA PROTECTION TERMS FOR RECRUITERS
Additional Terms applicable to Recruiters “You” accessing any portion of the website & app Job Trends India platform:
LOGO USAGE
1. You acknowledge that all content, designs, logos, trademarks, and other intellectual property on the platform are owned by the platform provider.
2. You must not reproduce, modify, distribute, or commercially exploit any platform content without prior written consent.
3. You must comply with all of the following rules when using a Logo:
a. Logos may only be used in marketing or other publicity materials for the benefit of Job Trends India with the permission of Job Trends India .
b. Logos may not be used in any confusing or vague way.
c. No Logo may be used in any way that suggests that Job Trends India is affiliated with, sponsors, approves or endorses you, your organization, your websites & app, your products or your services, unless such a relationship exists.
d. No Logo may be used in any way that mischaracterizes any relationship between you and Job Trends India
e. You may not use the Logo to advertise Job Trends India or its businesses as clients/partners on any websites & app and promotional pieces without our written permission.
f. All Job Trends India Logos are distinctive, designed pieces of graphic artwork. The following usage guidelines must be followed:
g. No Logo may be used or displayed in any of the following ways:
h. Written materials, such as web pages, must be marked to indicate that the Logos used are owned by Job Trends India or its affiliates (for example by using a statement such as, “the Job Trends India logo is a registered trademark of Job Trends India “).
i. All goodwill generated by the use of any Logo inures to the benefit of Job Trends India .
j. You may not assert rights to any Logo whether by trademark registration, domain name registration or anything else.
k. You must, upon request from Job Trends India , provide samples of any materials that include the Logos for purposes of determining compliance with this policy.
l. You must make any changes to your use of the Logos that are requested by Job Trends India .
m. Your download and use of the Logos is subject to the Job Trends India Site Terms.
D. CANDIDATE TERMS
Please read these terms of service carefully before submitting your resume and applying to jobs on our job portal. By using our services, you agree to be bound by these terms and conditions.
1. By submitting your resume and applying to jobs on our portal, you consent to the sharing of your resume and application materials with potential employers/recruiters.
2. You are solely responsible for the accuracy and completeness of the information provided in your resume and application materials.
3. You understand that the final decision to hire or consider your application rests solely with the potential employer/recruiter and we have no control over their selection process.
4. You acknowledge that we do not endorse any potential employer/recruiter or their job postings, and we do not guarantee employment or job offers.
5. Sharing of Resumes with Recruiters:
a. By submitting your resume on our portal, you acknowledge that we may share it with relevant recruiters without obtaining separate consent if your resume matches the job profile.
b. We will take reasonable efforts to share your resume only with recruiters who have a legitimate interest in assessing your application.
c. We do not assume any liability for the actions, decisions, or treatment by recruiters to whom we share your resume.
6. Data Security:
a. We are committed to protecting the privacy and security of your personal information.
b. We take reasonable precautions to protect the information you submit to our portal. Any third-party links or sites you access through our platform have their own data security structure, and we have no responsibility or accountability over the information you provide directly or indirectly on their application/website & app.
c. By submitting your resume and application materials, you agree to our collection, storage, processing, and use of your personal information as outlined in our privacy policy.
d. We will not share your personal information with any unauthorized third parties, except as mentioned in point 4 below.
7. No Liability Clause:
a. We provide the job portal as a platform for job seekers to connect with potential employers/recruiters. We do not guarantee the accuracy, availability, or quality of the job postings or the outcome of any job application made through our portal.
b. We shall not be liable for any damages, losses, or expenses arising directly or indirectly from your use of our services or any interactions with potential employers/recruiters.
8. No Guarantee Clause:
a. We do not guarantee that you will receive job offers, interviews, or any other favorable outcomes from using our portal.
b. We do not guarantee the authenticity, accuracy, or completeness of the job postings or the suitability of any job for you.
c. We reserve the right to update or remove any job postings or candidate profiles without notice.
Please note that by using our job portal, you accept these terms and conditions. If you do not agree with any part of these terms, we request you to refrain from using our services.
E. PROHIBITED ACTIVITIES
THE USER REPRESENTS, WARRANTS AND COVENANTS THAT ITS USE OF JOB TRENDS INDIA PLATFORM SHALL NOT BE DONE IN A MANNER SO AS TO:
1. Access the Platform for purposes of extracting content to be used for training a machine learning or AI model, without the express prior written permission.
2. Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
3. Interfere with or disrupt computer networks connected to Job Trends India platform;
4. Impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
5. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
6. Interfere with or disrupt the use of Job Trends India platform by any other user, nor “stalk”, threaten, or in any manner harass another user;
7. Use Job Trends India platform in such a manner as to gain unauthorized entry or access to the computer systems of others;
8. Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes Job Trends India platform, or any component thereof (including, but not limited to any materials or information accessible through Job Trends India platform);
9. Use content from the Site for derivative works with a commercial motive without prior written consent of the Job Trends India .
10. Use any device, software or routine to interfere or attempt to interfere with the proper working of Job Trends India platform; or
11. Impose an unreasonable or disproportionately large load on Job Trends India platform infrastructure.
12. Spam Job Trends India platform/Job Trends India by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam etc.
13. Access data not intended for you or log into server or account that you are not authorized to access;
14. Constitute an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Site or any related technology or any part thereof
15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site
16. Attempt to probe, scan or test the vulnerability of a system or network;
17. Use automated means to crawl and/or scrape content from Job Trends India platform and to manually scrape content from Job Trends India platform;
18. The Site uses technological means to exclude Robots etc. from crawling it and scraping content. You undertake not to circumvent these methods.
19. Access the Site except through the interfaces expressly provided by Job Trends India ;
20. Attempt or breach security or authentication measures without proper authorization;
21. Providing deep links into Job Trends India platform without prior permission of Job Trends India is prohibited. Extracting data from Job Trends India platform using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
22. Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
23. Subscribers shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.
24. Constitute hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information
1. For which you do not have all necessary rights and licenses;
2. Which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
3. Which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of Job Trends India platform, or that of other computer systems;
4. That is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous/blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
5. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
6. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. That belongs to another person and to which the user does not have any right to;
8. That harm minors in any way;
9. That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
TERMS AND CONDITIONS FOR THE "HOOT AND CANDIDATE REMARKS" SECTION
Introduction
Welcome to the "Hoot" section of our website, designed to enable users to share honest feedback about colleagues and professional acquaintances. By using the "Hoot" section, you agree to abide by these Terms and Conditions. Please read them carefully.
User Responsibility
Platform Monitoring: We reserve the right to monitor all content posted on the "Hoot" section, but we are not obligated to do so. We have the right to remove any content that, in our judgment, does not comply with these Terms and Conditions or is otherwise harmful to the community.
Enforcement Actions
Account Suspension/Deletion: We may, without prior notice, block or delete your account if we determine that you have violated these Terms and Conditions.
Legal and Law Enforcement Cooperation: We may disclose your information to government authorities or third parties in response to legal requests or when we believe disclosure is necessary to prevent harm or financial loss, or in connection with an investigation of suspected or actual illegal activities.
Disclaimer of Warranties
The "Hoot" section is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will we be liable for any indirect, incidental, punitive, or consequential damages arising out of or related to your use of the "Hoot" section, whether the damages are foreseeable and whether or not we have been advised of the possibility of such damages.
Indemnity
You agree to indemnify, defend, and hold harmless our website and its directors, officers, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct).
Changes to Terms
We reserve the right to change these Terms and Conditions at any time without notice. Your continued use of the "Hoot" section after such changes constitutes your acceptance of the new Terms and Conditions.
Contact Us
If you have any questions or concerns about these Terms and Conditions or the "Hoot" section, please contact us at support@jobtrendsindia.com.
TERMS AND CONDITIONS TO USE RESUME MAKING AND OTHER SERVICE ON JOBTRENDSINDIA.COM
The Purpose of Terms & Conditions is to set forth the terms and conditions under which JOB TRENDS INDIA (The Company) and Client will agree. Whereas, Client hereby hires the service of The Company to provide a custom-made resume and other related services included in the purchased Career Support Services package. And that this Agreement shall be effective from the date of client’s order placement. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: DELIVERY
Whereas, unless special arrangements are made, the turnaround time for the initial resume draft of each package shall be as follows Four (4) business days Whereas, turnaround time shall start upon receipt of completed questionnaire and/or other information and not on the date Client has signed up. Whereas, The Company shall send Client an Acknowledgment Form, along with the final copies of resume and package inclusions upon Client’s agreement to finalize the project.
EXPIRATION AND REACTIVATION
Whereas, all unstarted and unfinished projects expire. Six (6) months from date of sign up All Services mentioned on our website www.jobrendsindia.com and www.careerinsect.com Whereas, for unstarted projects, if request for reactivation is made beyond the expiration date, Client must pay a fee of INR 700. This will then signify the start of the project. Whereas, for unfinished projects, if request for reactivation is made beyond the expiration date, Client must pay a fee of INR 700. This will then signify the continuation of the project. Whereas, Client shall be allowed to continue with the process within THREE (3) months from the date of reactivation regardless of the package purchased. Whereas, if the project has already expired for two (2) years or more, the Client should purchase a new package because the content and format of the previous resume may be obsolete as of now.
REVISION
Whereas, The Company offers unlimited number of revisions to unfinished projects within the prescribed period for the particular package ordered until Client fully approves a resume copy. For All Resume & Cover Letter Writing Packages and LinkedIn Writing Packages, the prescribed period is within One (1) month from the date of sign up. Whereas, revision refers to modification of resume content targeted to the objective mentioned by the Client in the questionnaire. Changing the objective during the revision process is not allowed; hence, the Client needs to purchase additional resume for new target job Whereas, revision’s turnaround time will depend on the responsiveness of the client and availability of writers (Mondays through Saturdays, excluding weekends and holidays).
RESUME UPDATE
Whereas, The Company only offers free resume update to finalized projects within the prescribed period for the particular package ordered. For Resume & Cover Letter Writing Packages and LinkedIn Writing Packages, the prescribed period is within One (1) months from the date of sign up. Whereas, resume update refers to minor change, addition, or removal of resume content, such as contact information, address, and latest job position and responsibilities, among others. Whereas, a minimal fee of INR 700 for the resume update will be charged to the Client if the project has already expired. Update is valid within three (3) months after payment of the fee. Whereas, if the project has already expired for two (2) years or more, the Client should purchase a new package because the content and format of the previous resume may be obsolete as of now.
PAYMENT TERMS
Whereas, Client shall pay in full the price of the package predetermined with The Company, with no additional sums, amounts, or charges upon sign up. Whereas, Client shall make the payment through Bank Transfer or Online, and that Client shall provide a billing address for this purpose. Receipt on all payments made shall be sent to Client via e-mail and that resume writer shall be reflected as the payment processor. Whereas, prices are all presented in Indian Rupees. Client, therefore, shall pay in INR, regardless of location. Whereas, Client understands that no portion of the payment made is refundable unless, otherwise, for cause(s) validated by The Company.
PAYMENTS & BANK ACCOUNT
Apart from online payment method, client may also opt to transfer service fee direct to the JOB TRENDS INDIA’s bank account, identified as follows:
Name of bank: AXIS BANK: Charkop Kandivali - West Branch, Mumbai
Exact Name account holder: Job Trends India Account
Type: Current Account
Account Holder Name : JOB TRENDS INDIA
Account number : 923020006928755
IFSC Code : UTIB0003388
UPI Handle: 7976896665@axisbank
PAYMENT TERMS
If total payments made exceed the amount actually due under a Specific Contract or if recovery is justified in accordance with the terms of a Specific Contract, the Client shall reimburse the appropriate amount on receipt of the debit note, in the manner and within the time limits set by the Company. In the event of failure to pay by the deadline specified in the request for reimbursement, the sum due shall bear interest at the rate indicated @ 24% Per Annum. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full. In the event of failure to pay by the deadline specified in the request for reimbursement, the Company may, after informing the Client, recover amounts established as certain, of a fixed amount and due by offsetting, in cases where the Client also has a claim on the Agency that is certain, of a fixed amount and due. The Agency may also claim against the guarantee.
F. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action where required, including without limitation pursuing civil, criminal, and injunctive redress.
G. SERVICE AND AVAILABILITY
We may change, suspend or discontinue any of our Services. We may also modify our prices effectively prospectively upon reasonable notice to the extent allowed under the law.
We don’t promise to store or keep showing any information and content that you’ve posted. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
H. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India. Job Trends India and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
I. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the India courts. Job Trends India shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
J. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
K. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
L. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
M. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
N. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.